When someone is negligently injured in New Jersey, the first damages they are typically concerned with are their economic losses. However, injury victims are also entitled to non-economic damages in a lawsuit but are often unaware of what this entails.
Non-economic, or “general,” damages compensate you for the losses that cannot be calculated with bills and financial documents, like the physical pain and emotional turmoil you have experienced. The fallout of an accident is more than just lost money; it also takes a toll on the daily lives of victims by impacting their overall quality of life. Suppose you live with pain even after your injuries heal or attend therapy for anxiety, depression, or other mental health conditions. In that case, those impacts can be claimed in your non-economic damages. Our team can assess your general damages accurately and help overcome potential challenges to your recovery.
To schedule a free and confidential case review with our New Jersey personal injury lawyers, call Agrapidis & Maroules, P.C. today at (201) 777-1111.
Understanding What Non-Economic Damages Are in a New Jersey Personal Injury Lawsuit
The general purpose of a personal injury lawsuit is to hold individuals responsible for their negligent actions and compel them to make good the losses they caused an injured party. If successful, injury victims will be awarded “compensatory damages,” which include financial losses and non-economic damages. Victims often feel economic damages early and often in the form of medical bills, lost wages, and property repair estimates, and they readily understand that the defendant should pay for them. Non-economic damages, on the other hand, are much harder to pin down because they do not lend themselves to easy calculations.
Non-economic losses, or “general” damages as NJ law refers to them, compensate for the many ways an accident and its fallout can impact injury victims. You likely know these damages as “pain and suffering,” but this is only one aspect of your non-monetary losses. Pain and suffering typically refer to the physical pain you experienced in the accident, physical discomfort after the accident, and other physical effects from your injuries. Non-economic damages also include “emotional distress,” which victims can manifest in many ways, like depression, anxiety, and PTSD. You should also be compensated for your loss of enjoyment of life if your injuries prevent or limit you from participating in your once-enjoyed hobbies and activities.
While these non-economic damages are intangible, you are no less entitled to them to make good your losses. With years of experience assessing our clients’ cases, our New Jersey personal injury lawyers can thoroughly evaluate how the accident has impacted your life so that you are compensated fully. If you are married, we can also help your spouse recover non-economic damages for “loss of consortium,” which compensates for the loss of companionship they have suffered because of your injuries. We will also help overcome potential barriers to recovering your non-economic losses.
Can I Always Sue for Non-Economic Damages in New Jersey?
Because New Jersey has a “no-fault” insurance structure for car insurance, some car accident victims might be unable to file a lawsuit for non-economic damages, according to N.J.S.A. § 39:6A-8(a). There may also be other insurance setups and restrictions that block pain and suffering or non-economic damages.
When purchasing car insurance, drivers have two “tort” options to choose from. If your personal injury protection policy has a “no limitation on lawsuit” option, you have an automatic right to recover non-economic losses for a car accident, as per § 39:6A-8(b). With a “limitation on lawsuit” option, car accident victims are limited to pursuing non-economic damages when they suffer serious injuries. Many types of injuries are considered “serious,” so it is best to have our team review your medical records to determine if yours qualify.
When injured at work, you often have to file through Workers’ Compensation because lawsuits against your employer are blocked. While you may be able to sue for pain and suffering against a third-party defendant, you cannot sue your employer for non-economic damages without special legal exceptions (such as intentional injuries).
Non-economic damages will also not be awarded against government entities or their employees, according to § 59:9-2(d). For instance, if your lawsuit is against a public agency, like NJ Transit, you generally cannot recover pain and suffering. However, this limitation will not apply if you suffer dismemberment, permanent disfigurement, or loss of a body function where your medical expenses are over $3,600.
How Are Non-Economic Damages Calculated in a New Jersey Injury Claim?
While the subjective nature of non-economic losses makes them challenging to calculate, our team often uses a few methods to help.
One approach, known as the multiplier method, multiplies your total economic losses by a number from 1.5 to 5. The multiplier is based on the severity of your injuries, so the more serious the injury, the higher the number. For instance, perhaps you suffered $20,000 in economic damages, and your injuries are assigned a multiplier of 4. Your non-economic damages would come to $80,000, bringing the total value of your claim up to $100,000. This method is often best for cases involving long-term or permanent injuries.
The other approach is referred to as the per diem method. This process entails assigning a daily dollar amount for your pain and suffering, assessing the number of days you will likely feel the impact of the accident, and multiplying the two values. For example, if the daily value was set at $100 and your injuries were projected to heal fully in 300 days, your non-economic damages would equal $30,000. The per diem approach is typically used in cases where the victim is expected to recover in a certain amount of time or has already made a full recovery.
Keep in mind that these approaches are guidelines. Besides the severity of the injuries, numerous factors are often used to assess a victim’s non-economic damages, including the victim’s age and the long-term impacts on their life. Before your case goes to trial, our team will present evidence to the insurance company to justify our demand for non-economic damages, hopefully settling the case for what you deserve. If the lawsuit goes to trial, the judge or jury will decide the appropriate amount of pain and suffering.
Call Our New Jersey Personal Injury Lawyers Today for Help Claiming Your Non-Economic Damages
Our Hackensack, NJ personal injury lawyers at Agrapidis & Maroules, P.C. can assess your case for free by calling us at (201) 777-1111.