New Jersey residents who have experienced a catastrophic injury caused by someone else’s negligence may wonder about the different types of available damages. Many people have likely heard of damages for pain and suffering, but in New Jersey, damages may also be awarded for disability or impairment and loss of enjoyment of life.
New Jersey law allows an injury victim to receive compensation for any disability or impairment sustained due to their injuries. The definition of disability or impairment means any weakening or worsening of health, faculties or the ability to participate activities.
Likewise, an injury victim may obtain compensation for loss of enjoyment of life, which occurs when activities that provide enjoyment and pleasure may no longer be pursued. Damages for pain and suffering include both physical and mental suffering that are a natural consequence of the injury sustained.
How much compensation is awarded?
The amount of compensation awarded for any of these damages largely depends on the specific circumstances of the case, and there is no set formula or amount. However, as a general guideline, the law states that the compensation is what a reasonable person would consider just and adequate to make the injury victim whole again.
There are several factors considered when determining a just and adequate amount. The seriousness of the injury itself and any consequences, such as embarrassment or disfigurement, are typically considered. Other factors can include the victim’s age and job, family responsibilities and daily activities. Whether the injury is expected to be long-term or permanent is another important factor.
The pain caused by a catastrophic injury often goes well beyond physical. Victims often experience a significant degree of mental and emotional pain as well. Even knowing that some compensation may be available, determining what type and what amount to expect. A knowledgeable and compassionate attorney can be a tremendous benefit during this difficult time.