NJ PERSONAL INJURY LAW - FREQUENTLY ASKED QUESTIONS

Amount of Damages

The monetary compensation imposed by law for loss or harm resulting from injury to person, property, or reputation is known as "damages". While there is no simple equation to determine the amount of damages a victim may be owed, an experienced attorney can help you sort through the myriad factors involved in making sure that your case is not settled for less than it is worth. Read More >>

Comparative and Contributory

Comparative and contributory negligence are defenses available to mitigate the amount that a defendant may have to pay to a plaintiff for damages. Each of these defenses is based on an assessment of fault towards the plaintiff. Depending upon the laws of the state where the case is venued one of three different versions of these defenses may be applicable. Pure contributory negligence is, by far, the most oppressive to the plaintiff. In those states that allow this defense if a defendant can prove that the plaintiff is one iota to blame for the accident, then he or she recovers nothing. For instance, if the evidence shows that a defendant was speeding and went through a stop sign and that the plaintiff was only one percent at fault because he or she didn't swerve or brake quickly enough, then the plaintiff may be entitled to no recovery. Read More >>

Compensatory Damages

Compensatory damages are meant to offset an injury sustained by an individual. Actual damages, or damages which reimburse an individual for out-of-pocket expenses, include monetary awards for medical expenses, property damage, and loss of income. General damages may also be awarded for pain and suffering, mental anguish, loss of consortium, and lost opportunity for the future enjoyment of life. Read More >>

Factors of an Injury Claim

In a personal injury case, the most important factors which determine the amount of damages awarded to the injured person are the nature, extent, and duration of the injury or injuries. A severe case involving skeletal, ligament, or nerve trauma is more apt to qualify for greater compensation than a minor case of whiplash or back strain, painful as the latter conditions might be. Furthermore, severe injuries are strongly supported by medical documentation such as x-rays and CAT scans, whereas some soft tissue injuries involving only muscle are difficult to detect by standard procedures. Other medical elements contributing to the viability of one's personal injury case include the permanence of the injury as well as the extent of treatment required, such as surgical intervention and/or long-term rehabilitation. Clearly, cases that can be supported by solid medical documentation have the potential for greater monetary damages to be awarded. Read More >>

Glossary of Terms

Find definitions and explations of legal terms such as: Accident Reconstruction, Adjustor, Alternative Dispute Resolution, Arbitration, Claim/Claimant, Code of Civil Procedure, Contingent Fee Agreement, Compensatory/General/Punitive, etc. Read More >>

Personal Injury Damages

When a person is injured by another, the law provides a means of seeking compensation, known as damages, for those injuries and the detrimental effects they have caused in the victim's life.

In a case of personal injury, a judge or jury may find the defendant liable for several types of damages for varying amounts of money. For example, medical bills, lost earnings, or property damage may be part of the damages picture. The plaintiff may also experience significant and continuous pain and suffering due to his or her injury. All of these factors are considered worthy of recompense under personal injury law, which seeks as much as possible to return the victim to the state of living he or she enjoyed prior to the injury.

In most personal injury cases, the victim must have suffered some sort of physical, mental, or financial harm to have a strong claim for damages. In some intentional tort cases, however, such as assault and battery, proving the misconduct of the defendant alone may be enough to find in favor of the plaintiff. The types of damages that can be awarded are compensatory, punitive, or nominal depending on the merits of the case.

Personal Injury Law

When someone is physically or emotionally injured, or their personal property is damaged, it is considered in law to be a “personal Injury”. The laws covering personal injury allow the injured party to receive compensation for damages caused by someone else’s carelessness, negligence, recklessness, or intentional actions. Personal injury law is also called “tort” law. States and the Federal government have enacted tort laws for the protection of your rights. Tort actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and, damage must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred. Read More >>

Court Costs

If a personal injury case is settled in favor of the plaintiff, he or she may also have recourse to recover some of the expenses of taking the case to court. These court costs would include filing and process server fees, obtaining deposition and court transcripts, and payment to translators. There are some instances in which a plaintiff may also be able to recover attorney and expert witness fees, but this is not as common.

Do's and Don'ts

Do keep your lawyer fully informed; Do notify your insurance carrier promptly; Do review the police report to make certain it is accurate. See more do's and don't's here >>

Contact us today

If you or a loved one has suffered an injury, call The Law Office of James C. DeZao at 1-866-919-9229 or contact us online. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Therefore, please call right away to ensure that you do not waive your right to possible compensation.