Kinds of Compensation You Could Recover in a Car Crash Claim
If you are injured in a car accident, and someone else was primarily at fault, the at-fault party may be liable to compensate you for the losses you have suffered as a result. This compensation can be divided into two primary categories.
The first is economic damages, which offset the dollars-and-cents expenses associated with the accident. It can include:
- Medical bills and related costs (prescription drugs, physical therapy, long-term care, etc.)
- Lost wages from time missed at work while recovering
- Reduction in your future income related to your injuries, such as a permanent disability
- Damaged personal property
The second category of compensation in a New Jersey car accident claim is non-economic damages. Non-economic damages are for more intangible losses that are hard to place an exact value on, like:
- Your physical pain and suffering
- Your emotional distress
- Impairment of your quality of life
Determining Fault for a Car Accident in New Jersey
If you meet the requirements to file an insurance claim or personal injury lawsuit under New Jersey law, you must demonstrate that the other driver was at fault for your injuries before you can recover compensation from them. That requires showing the driver was negligent and the accident and your injuries were a direct consequence of their negligence. In this context, negligence essentially means that the other driver ignored the rules of the road and their responsibility to avoid causing an accident if possible.
One potential wrinkle in some New Jersey car accident cases is when multiple parties share fault for a crash. In cases where both drivers share some responsibility for an accident, any compensation awarded will be based on each driver’s share of fault. For example, if you are found to be 10 percent responsible for an accident, your compensation will be reduced by 10 percent. However, the other driver’s share of the fault must be greater than your share for you to be able to bring a claim against them.