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Does New Jersey Have Caps on Injury Claims?

On Behalf of | Jul 10, 2019 | Personal Injury |

Under New Jersey law, when people are hurt in accidents that are caused by the negligence of other people, they are typically entitled to compensation. The compensation that victims can obtain is referred to as “damages,” which can either be compensatory or punitive. Compensatory damages are meant to compensate victims for the losses they have suffered as a result of the accident, and punitive damages are meant to punish negligence parties for their conduct and deter others from engaging in similar conduct in the future.

Under the current law, there are no caps on compensatory damages, but there are caps on punitive damages. That said, victims can still recover significant compensation after they are injured in an accident, and an experienced Freehold personal injury lawyer can help ensure that you get the compensation you deserve.

Examples of Compensatory Damages

As mentioned above, compensatory damages are meant to compensate victims for the losses they sustain as a result of an accident. Examples of common compensatory damages in an injury case include:

  • Medical expenses
  • Lost income
  • Property damage
  • Physical and emotional pain and suffering
  • Lost quality of life

These kinds of damages are not capped, and non-economic damages like pain and suffering and lost quality of life can often far exceed the economic damages in a personal injury case. For this reason, victims of injury-causing accidents are often able to recover significantly more compensation than the measurable economic losses they incur.

New Jersey’s Caps on Punitive Damages

Section 2A:15-5.14 the New Jersey Revised Statutes caps requires that the trial judge determine whether punitive damages are reasonable and justified in every given case in light of their purpose to punish the defendant and deter that defendant from engaging in the same conduct in the future. In addition, the statute caps damages at five times the amount of compensatory damages awarded in the case or $350,000, whichever is greater. That means if a jury awards you $1,000,000 in compensatory damages, the most you can receive in punitive damages is $5,000,000.

An Attorney Can Ensure that You Get the Compensation You Deserve

Establishing damages in a personal injury case is a complicated matter, and insurance companies will do everything they can to settle your case for as little as possible. They may even misrepresent your legal rights to you during the settlement process in order to get you to accept less than your case is worth. In addition, should your case go to trial, you will need to provide proof of your economic and non-economic damages and potentially explain to the court while punitive damages are appropriate in your case. For these reasons, if you’ve been injured in an accident, it’s vital that you retain an experienced lawyer to represent you. If you don’t, you could be missing out on significant compensation to which you are legally entitled

Call Lomurro Law Today to Schedule a Free Case Evaluation with a Freehold Personal Injury Attorney

If you have been injured in an accident caused by someone else’s negligence, you are likely entitled to compensation for all of your accident-related losses – and perhaps more. The experienced attorneys of Lomurro Law can ensure that you obtain the maximum amount of compensation available in your case. To schedule a free case evaluation with a personal injury lawyer in Freehold, call our office today at 732-482-9285 or contact us online.