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Damages for Pain and Suffering After a Car Accident

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What Constitutes Pain and Suffering?

Damages for Pain and Suffering After a Car AccidentWhen you’re hurt in a car, truck, or motorcycle accident caused by the negligence of another person, you have the right to seek full and fair compensation for all your losses. Some of those damages, generally referred to as “economic damages,” are easy to identify and calculate—lost wages and income or unreimbursed medical expenses, for example. Other so-called “non-economic” damages are less tangible and more difficult to determine. These include pain and suffering, loss of companionship or consortium, or the inability to do things you were able to do before the accident. In this blog, we’ll look at compensation for “pain and suffering”—what it is and how courts compute it.

What Is Pain and Suffering?

“Pain and suffering” generally falls into two categories—physical pain and suffering, and mental pain and suffering (also referred to as “mental anguish”). Physical pain and suffering refers to any biological discomfort or pain resulting from physical injuries sustained in an accident, including past and anticipated physical discomfort.

Mental pain or anguish is any suffering caused by the physical injury:

  • depression tied to loss of enjoyment of life or loss of consortium or companionship;
  • anxiety or fear of similar situations (for example, fear of getting in a car again after you’re hurt in a motor vehicle accident);
  • self-consciousness, humiliation, self-deprecation, or other negative feelings or emotions because of permanent scarring or disfigurement, amputation, or other permanent injuries; and
  • loss of appetite, mood swings, loss of energy, or changes in sleep patterns caused by the accident.

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Recovering Compensation for a Work-Related Car-Accident Injury

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How the Legal Process Works | Your Rights and Restrictions

Recovering Compensation for a Work-Related Car-Accident InjuryAccording to the Bureau of Labor Statistics, more than one of every three motor vehicle accidents in the United States (about 40%) are work-related. Under New Jersey law, if you’re hurt and can prove that the injury was incurred in the course of your employment, you have a right to pursue workers’ compensation benefits for lost wages and medical expenses. How does that work? Are you limited to the benefits provided through workers’ comp?

The Workers’ Compensation Process

In New Jersey, workers’ compensation is essentially a “no-fault” system, which means you don’t have to show that another party was negligent. You need to show only that you were injured and that the injury was work-related.

When you’re hurt in an automobile accident, the first thing you should do is seek medical treatment. Once you receive the care you need, you should notify your employer of your injury as soon as possible. It’s not required, but it’s in your best interest to provide notice in writing. An experienced attorney will understand what needs to be done, so it’s always a smart move to hire a lawyer as soon as possible.

Once you provide notice, your employer must file a “First Report of Injury” form with the New Jersey Division of Workers’ Compensation within 21 days. Your employer and the workers’ compensation insurance company will then investigate your claim and decide whether to accept it. If it is accepted, you should start to receive benefits within a few weeks. If your claim is rejected, you have a right to appeal.

Third-Party Claims

New Jersey workers’ compensation law provides a means of recovering the costs of injuries caused by your employer or a coworker. If the at-fault driver is an unrelated third party, you may also be able to file a personal injury lawsuit in court. A civil lawsuit can be filed simultaneously with a workers’ compensation claim, but you cannot recover twice for the same losses. If workers’ comp pays all your medical bills, you cannot recover medical expenses in a civil lawsuit.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a motor vehicle accident on the job, contact our office online or call 973-993-8787 to set up anappointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Your Right to Compensation After a Hit-and-Run Accident

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Can You Get Damages If You Can’t Identify the Driver? What Sources of Compensation Are Available?

Your Right to Compensation After a Hit-and-Run AccidentAfter a motor vehicle accident, one of the first things you want to do is get contact and insurance information from the at-fault driver. What if you’re injured by a hit-and-run driver, though? Are you without recourse to cover your losses? Not necessarily. Here are some other potential sources of compensation after a hit-and-run accident.

Your Own Insurance Company

As New Jersey adheres to a “no-fault” approach for car insurance, your initial claim is filed with your own insurer, which typically pays your claim (according to policy limits) and then seeks reimbursement from the at-fault driver’s insurer. If, however, you cannot identify who caused the accident, your insurer may still provide some level of compensation under your policy’s uninsured and underinsured motorists (UM/UIM) coverage provisions. Unlike most states, UM/UIM coverage is mandatory in New Jersey. The cost of UM/UIM is negligible compared to the coverage provided, but it’s important to make certain that your UM/UIM coverage limits are equal to the liability limits of your policy—never lower.

The Victims of Crime Compensation Office

A person injured in a hit-and-run accident may apply to the New Jersey Victims of Crime Compensation Office for up to $25,000 to cover vehicle damage, medical expenses, and physical and emotional therapy costs. You must file a police report within nine months and must file your claim with the state within three years.

Third Parties

You can recover damages from any party that can be shown in court to have engaged in negligence, or unreasonable behavior, that caused the accident and your losses. Other entities that may have liability include:

  • The designer, manufacturer, wholesaler, or retailer of a dangerous or defective product that caused the accident; and
  • The municipal agency or entity responsible for maintaining the roads, if your accident was caused by malfunctioning traffic lights, missing street signs, or other defects in the roadway.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a hit-and-run accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

The Roles of Jury and Judge in a Personal Injury Lawsuit

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What Do the Judge and Jury Each Do?

The Roles of Jury and Judge in a Personal Injury LawsuitYou’ve been hurt because of the negligence of another person. You’ve attempted, without success, to negotiate a settlement, so a jury trial has been scheduled. What will be the function of the jury, and what can you expect the judge to do during the trial?

The Role of the Jury

The jury has two primary responsibilities—to determine whose version of the facts carries the most weight and to apply the law to the facts in order to render a verdict. Jurors do not determine what law applies to the case or interpret what the law says—the judge does those things. A jury’s role is to decide the outcome based on findings of fact.

Because jurors are not expected to know the law, the attorneys for both sides prepare instructions for the jury, with the judge ultimately deciding what specific instructions the jury receives. Those instructions limit the power of the jury, telling them what legal conclusion they must come to based on the factual determinations they make.

The Role of the Judge

In the American legal system, the judge oversees the trial but is also responsible for all determinations of law. For example, as evidence is introduced or testimony taken, a party may object, alleging the evidence violates the rules regarding the admissibility of evidence. The judge has the responsibility to either sustain (uphold) the objection or overrule it.

The judge also has the responsibility to ensure that all rules of procedure are followed and may entertain motions to dismiss or for immediate judgment, based on the law.

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation with an experienced personal injury trial lawyer, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Collecting Insurance Benefits after a New Jersey Car Accident

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An Overview of New Jersey’s Unique Approach to No-Fault Auto Insurance

Collecting Insurance Benefits after a New Jersey Car AccidentWhen you’re hurt in a motor vehicle accident, one of the first places you typically turn for compensation is an insurance company. In most states—those that follow an “at-fault” auto insurance approach—you’ll seek compensation from the insurer of the driver who caused the accident. New Jersey, however, is in the minority of states that apply “no-fault” principles to auto insurance coverage. In general, that means you’ll initiate all insurance claims with your own insurance company. New Jersey has some unique wrinkles, though, that differ from other states.

Personal Injury Protection (PIP) in New Jersey

In New Jersey, the no-fault component of your motor vehicle insurance is referred to as your “personal injury protection” or “PIP” policy. Your PIP policy covers all costs of medical care and other out-of-pocket losses sustained by anyone named in the policy, typically with certain coverage limits. That coverage applies irrespective of who caused the accident, so you can recover even if you were partially responsible. However, your PIP coverage won’t provide compensation for non-monetary losses, such as pain and suffering.

The Different Types of PIP Policies in New Jersey

In New Jersey, you have two options—either the “basic” PIP policy or the “standard” PIP policy.

With the basic policy, you are automatically bound by a legal restriction known as a “limited right to sue.” That restriction means that you can file a lawsuit directly against the driver who caused the accident only if the injuries include one of the following:

  • Significant scarring
  • Loss of a body part
  • Significant disfigurement
  • A displaced fracture
  • Loss of a fetus
  • Permanent injury
  • Death

With the “standard” policy, you must choose between the limited right to sue and an “unlimited right to sue.” The unlimited right to sue typically costs more but allows you to bring legal claims directly against the at-fault driver for all your losses, including pain and suffering.

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Electric Scooter Accidents in New Jersey

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The Different Types of E-Scooter Accidents | Recovering Compensation After an E-Scooter Accident

Electric Scooter Accidents in New JerseySince New Jersey legalized the use of electric scooters two years ago, their use in the Garden State has risen dramatically. Unfortunately, as usage has gone up, so have the number of accidents and injuries tied to the devices.

The Different Types of E-Scooter Accidents

As a motorized vehicle, an e-scooter poses many of the same risks as an automobile, truck, or motorcycle:

  • Collisions with other vehicles—Because they are significantly smaller than most motorbikes, e-scooters can often be struck by other motorists not paying close attention. Other motorists may misjudge the speed of an e-scooter and turn into its path, or simply fail to understand when an e-scooter has the right of way.
  • E-scooter breakdowns or malfunction—Some e-scooters experience electrical problems, causing the scooter to either lose power or shift into overdrive. Such issues can cause an operator to lose control or lose the ability to take evasive action.

Recovering Damages in an E-Scooter Accident

In most instances, if you’re hurt in an e-scooter crash, your personal injury lawsuit will be based on a legal theory of negligence. To successfully prove negligence, you must show three things:

  • That the person who caused the accident (the defendant) was not acting reasonably at the time of the crash—The defendant may have been speeding, may have changed lanes without looking, or may have otherwise failed to follow traffic laws.
  • The failure to act reasonably caused an accident—The accident would not have happened if the defendant had acted reasonably, and the
    accident/injuries sustained were reasonably foreseeable as a consequence of the breach of the standard of care.
  • You suffered actual damages as a result of the accident.

Contact the Law Office of Howard D. Popper

At the Law Office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after an e-scooter accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Liability Standards for Personal Injury

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Negligence vs. Strict Liability | What’s the Difference?

Liability Standards for Personal InjuryMost personal injury claims are based on a legal theory of negligence. To prove negligence, you must show that the defendant failed to act as a reasonable person would, and that their failure led to an accident that caused you to suffer actual losses. Under the law, certain activities are considered to be so inherently dangerous that anyone engaging in those activities assumes potential liability for any resulting injuries. The principle of “strict liability” applies to cases involving injuries caused by such dangerous activities. The activities covered by strict liability are specified in a state statute.

In strict liability cases, you don’t have to prove negligence, i.e., that the defendant’s actions were unreasonable. You need only show that the defendant engaged in a type of activity covered by the state strict liability statute and that you suffered injury as a result.

The following are among the actions to which strict liability applies:

  • Use and sale of fireworks
  • Harboring a vicious animal, including a dog—New Jersey takes a strict liability approach to dog bites. In New Jersey, an owner may be liable if their dog bites someone, even if the dog was not known to be vicious.
  • Claims involving certain dangerous products

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or videoconference.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

Work-Related Car-Accident Injury Claims

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Can You Get Workers’ Compensation? Is It Your Only Recourse?

Work-Related Car-Accident Injury ClaimsIn New Jersey, when you’re hurt on the job, you have a right to file a workers’ compensation claim. But workers’ comp benefits typically cover lost wages and medical expenses. What about compensation for physical pain and suffering caused by the accident? What if you have to give up activities you love because of your injuries? Do you have any other options when workers’ compensation doesn’t cover all your losses?

Can You File for Workers’ Compensation Benefits If You’re Hurt in a Car Accident at Work?

In New Jersey, there are only two requirements to qualify for workers’ comp: you must show that you have been injured and that your injury was work-related. Motor vehicle accident injuries are generally covered by workers’ compensation, with a couple exceptions:

  • You cannot recover benefits for injuries suffered on your way to or from work (unless you deviated from your normal route to do something for work); and
  • You cannot recover for injuries sustained when you leave work for a lunch break or non-work-related appointment.

Is Workers’ Compensation Your Only Remedy for a Work-Related Car-Accident Injury?

That depends. Workers’ compensation benefits are intended to cover losses caused by the carelessness or negligence of your employer or a co-worker. Accordingly, if you’re hurt in a car wreck caused by someone other than your employer or another employee, you have a right to file a personal injury claim in civil court. In fact, you can file a workers’ comp claim and a personal injury lawsuit simultaneously, though you cannot recover twice for the same losses. For example, if your medical expenses are covered by workers’ compensation, you cannot recover them again in a personal injury lawsuit.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton. Currently, all our client communications are by phone, text message, or online videoconference.

We handle all personal injury claims on a contingent-fee basis. You won’t pay any attorney fees unless we recover damages for your losses.

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