What Are Damages for Pain and Suffering?
When someone else has acted carelessly or negligently and you’ve suffered actual losses, you have a right to seek compensation in a civil lawsuit. Based on the types of injuries you’ve suffered, you can generally seek damages (a monetary award) for both economic and non-economic losses. Economic damages are those which are easily calculated, such...
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Watch Out For Video Surveillance When You Have a Workers’ Compensation Claim
When you have what seems like a pretty straightforward claim for workers’ compensation, it can come as a surprise to have the workers’ compensation insurance company or your employer challenge the claim. It’s important to understand that both your employer and the insurer have a vested interest in minimizing or avoiding any payment to you. For...
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Can You Be Fired for Filing a Workers’ Compensation Claim?
If you’ve been in an accident at work, you may be worried about taking any time off for your injury, afraid that your boss might replace you, or even worse, terminate you because you’ve filed for unemployment benefits. Can you risk losing your job by seeking workers’ compensation because of a job-related injury or illness? Can your...
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The Different Types of Damages in a Personal Injury Lawsuit
If you’ve been hurt because of the carelessness or negligence of another person, you have a right to seek compensation (known under the law as “damages”) from the persons responsible for your injuries. You also have the right to recover monetary compensation for any property damage. With respect to physical injuries, there are generally two...
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Were You Injured on the Job—Part Two
In an earlier blog, we looked at the requirements for eligibility for workers’ compensation disability benefits in New Jersey—you must have been hurt and the injury must have been sustained during the course of your employment. In that blog, we looked at your eligibility if you were on a break, or if you were traveling...
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Were You Injured on the Job—Part One
In New Jersey, when you have been hurt in the workplace, you must demonstrate only two things to be eligible for workers’ compensation benefits—you must show that you were hurt and that the injury was suffered during the course of your employment. If you have been injured because of the carelessness of a fellow employee, or the...
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What to Do after a Car Accident
When you’ve been hurt in a motor vehicle accident, the steps you take in the immediate aftermath of the accident can have a significant bearing on your success or failure in recovering full and fair compensation for all your losses. Take Care of Your Medical Needs Your first concern after a car crash should always be...
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Comparative Negligence in New Jersey
Most people understand that, in the aftermath of an accident that has caused you some personal injury, you have a right to seek compensation from the at-fault party to cover your losses, such as wages and income, unpaid medical bills, physical pain and suffering, and loss of companionship or consortium. But what is the impact on your...
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The Personal Injury Lawsuit—Part Three
You filed a complaint and it’s been answered. You’ve deposed all witnesses and completed all discovery. The court has ruled on all dispositive and evidentiary motions. You’re ready for trial, right? Not so fast—there are still a couple of important steps to complete. Voir Dire, or Jury Selection You can’t make opening statements until you...
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What May a Jury Consider When Calculating Damages for Pain and Suffering?
In New Jersey, when you have been injured because of the carelessness or negligence of another person, you have the right to pursue damages for all your losses, including lost wages and income, unreimbursed medical expenses, loss of enjoyment of life, loss of consortium and companionship, and pain and suffering. In an earlier blog, we...
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The Personal Injury Lawsuit—Part Two
The complaint and answer have been filed, and discovery is complete. Don’t get ahead of yourself—there’s still a lot to be done before a trial can start. It’s important to understand that the court has an incentive, at all times, to make the trial process as efficient as possible, and, if at all possible, to...
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The Personal Injury Lawsuit – Part One
When you have been hurt in an accident stemming from someone else’s wrongful conduct, you have the right to pursue full and fair compensation for physical injury and property damages. Often, time is of the essence, particularly when your injury makes it impossible for you to work. However, if insurance doesn’t fully cover your losses or you...
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