Compensating victims for non-economic damages after a car accident is necessary to restore the harm that has been caused. These damages may include pain and suffering, emotional distress, or a decrease in quality of life. While economic damages cover tangible expenses like medical bills or lost wages, non-economic damages focus on the personal and mental impact of having suffered an accident.
In New Jersey, you can file a claim for these damages under personal injury law, but the process requires detailed documentation and expert legal assistance. Here’s a guide to help you approach this process effectively.
Understanding Non-Economic Damages After a Car Accident
Non-economic damages are awarded for losses that do not have a direct monetary value. Common examples include:
- Pain and Suffering: Physical discomfort caused by injuries.
- Emotional Distress: Anxiety, depression, or trauma.
- Loss of Enjoyment of Life: Inability to participate in hobbies or activities you once loved.
- Disfigurement or Disability: Permanent physical changes or impairments.
If you feel this applies to your case and you’re suffering due to what you’ve experienced, you might be able to file a claim. But remember, you’ll need expert attorneys to back you up!
Key Laws in New Jersey
New Jersey follows a modified comparative fault rule, meaning your compensation may be reduced based on your percentage of fault in the accident. If you are found to be more than 50% at fault, you may not receive any compensation.
Additionally, personal injury claims must be filed within TWO YEARS from the date of the accident, or you may lose your right to pursue compensation.
Steps to Increase Your Chances of Success for Non-Economic Damages After a Car Accident
Follow these steps to ensure your lawyers can win your case without complications:
- Document Your Experiences: Visit a doctor immediately after your accident, and keep a detailed journal of how your injuries have impacted your daily life. This helps illustrate the extent of your suffering.
- Hire a Specialized Lawyer: An experienced personal injury lawyer can help you calculate a fair value for your claim and negotiate effectively with insurers.
Two Tips to Maximize Your Compensation
- Ensure Complete Medical Evidence: Medical records and expert testimony are essential to link your injuries to the accident and demonstrate their long-term impact on your life.
- Avoid Social Media: Refrain from posting about your accident or injuries online, as insurers could use this against you during negotiations.
Conclusion
Filing a claim for non-economic damages in New Jersey can be challenging, but with proper documentation, legal support, and a clear understanding of the laws, you can maximize your compensation. Remember, these damages are designed to provide relief for the personal suffering you’ve endured, helping you regain a sense of normalcy.
For personalized advice, consult with a New Jersey lawyer specializing in personal injury cases.