If you have suffered injuries in an accident due to another person’s negligence, then you are eligible to be compensated for those injuries. However, “how much does my broken arm and sprained neck cost” is not an easy question to answer. The process to obtain this compensation is very complex and attorneys have to wrestle with these types of questions with every case. There are multiple factors that are taken into consideration when calculating the amount of money you will receive from a personal injury claim. Let’s go over a few of the main ones…
The Severity of Your Injuries: The more severe your injuries are, the higher in value your claim will be. In other words, every body part has a dollar amount, and the more vital the injured body part is to everyday functioning, the higher in value the injury comes. This goes back to the aforementioned question of what price tag your injury has. There is no mathematical formula, but an arm is worth more than a finger, a leg is worth more than a toe, and so forth. This is not to say that minor injuries are not worth pursuing- these can also recover substantial damages.
The Duration of Your Recovery: The amount of time you spend in recovery has a direct impact on many monetary factors such as personal care, lost wages, and medical care. Therefore, the longer amount of time you spend in recovery, the more losses will pile up. For example, a case where the injury caused you to be out of employment for a year will likely settle for more than a case where the injury caused you to be out of work for a month. The longer you remain in recovery, the larger monetary value your case will accumulate.
Comparative Negligence: The comparative negligence statute in New Jersey ensures that even if you are as little as 1% at fault for the accident, it is still possible for you to recover damages. This law states that “an individual’s fault for the accident cannot be more than the individual from whom damages are sought. Therefore, recovery of damages is permitted when each person in a 2 car accident is 50% at fault, but not if you are more at fault than the other person” (The State of New Jersey).
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Evidence Strength: In order to hold another party legally responsible for your injuries, the necessary elements of negligence must be proven. It is possible that the insurance company will offer you a much lower settlement if you do not have sufficient evidence against the other party. Therefore, it is important to gather as much evidence as you can at the time of your accident. This includes photos, videos, witness statements, and anything else that can help determine the defendant’s liability in the incident.
Insurance Coverage: In a no-fault state, your insurance company is liable for your injuries in the case of a car accident. Your medical expenses and some economic losses for injuries in auto accidents will be paid up to the limits of your PIP coverage. The insurance company is liable up to the limits of the policy if their insured party caused the accident. The problem is, if the at-fault party is uninsured, or has very minimal coverage, then you would need to sue the individual person who may or may not have sufficient assets to cover the damages.
On top of these 5 components, there are many more factors that contribute to your final settlement amount. If you have been injured in an accident and think you may be eligible for compensation, call the Harrell Law Firm. Our experienced attorneys can help you obtain the maximum compensation for your injustices. Call us for a free consultation at 732-749-8800 or fill out the Contact Form on our website.
Leigh A. Raffauf
Partner, Harrell Injury Law
