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The Factors that a Jury Can Consider When Awarding Damages for Pain and Suffering

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Damages for PainIn the aftermath of a personal injury, you have the right to pursue damages for all your losses, from wages and income to medical expenses, from loss of companionship or consortium to pain and suffering. In an earlier blog, we looked at the different types of pain and suffering, and briefly discussed the concept of a “multiplier,” where the court calculates “out-of-pocket” losses and multiplies by a factor to calculate the award for pain and suffering. In New Jersey, that amount might be one to three times out-of-pocket damages or it can be ten times that amount.

We noted in the earlier blog that courts customarily instruct juries to use common sense and experience when calculating damages for pain and suffering. In this blog, we look at some of the concrete factors that we know juries take into consideration when assessing pain and suffering. There are many, including:

  • Whether or not you, as the injured party (plaintiff) are a good and favorable witness. This includes not only your appearance and demeanor during examination and cross-examination, but your perceived credibility. Juries will likely be instructed to listen carefully, so that they can determine if there are inconsistencies in your testimony, or whether it seems that you are exaggerating any claims. It won’t matter if your contradictory statements had anything to do with the extent of your pain and suffering. If it appears that you fabricated or misrepresented anything, it can have an impact on your ability to get damages for pain and suffering.
  • Whether there is medical testimony to support your claims of pain and suffering
  • Whether the allegations of pain and suffering make sense to the jury
  • Any prior criminal record you may have

Contact Attorney Howard D. Popper

To learn your options after a car accident during work hours, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Understanding Damages for Pain and Suffering

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Pain and SufferingIf you’ve been injured because of the careless or negligent act of another person, you’ll have the right so seek damages for all your losses, from wages and income to unreimbursed medical expenses to loss of enjoyment of things that have given your life meaning. You are also entitled to seek compensation for pain and suffering. In this blog, we look at what that means and how damages for pain and suffering are customarily determined.

What Is “Pain and Suffering”?

Under the law, there are generally two types of pain and suffering that are compensable in a personal injury lawsuit: physical pain and suffering and emotional/mental pain and suffering.

Physical pain and suffering refers to any pain, discomfort or physical limitations resulting as a consequence of the injury. The nerve responses caused by a broken bone, a laceration, a contusion or a muscle pull are all types of physical pain and suffering. However, scarring that limits movement or other injuries that cause vertigo or other physical consequences also constitute physical pain and suffering.

Mental pain and suffering, on the other hand, is often a by-product of physical pain, but need not be. It includes a wide range of psychological or mental responses to an accident, including depression, anxiety, fear, anger, shock, humiliation and emotional distress. That mental suffering may result from the physical injuries sustained, or it may be a consequence of the trauma of having been in an accident.

How Is Pain and Suffering Calculated?

As a general rule, there’s little concrete guidance for juries to determine the value of damages for “pain and suffering.” While many courts will encourage juries to use common sense and experience when assessing damages for pain and suffering, others will use what is known as a “multiplier,” taking the amount of special damages (those that can be accurately calculated, such as lost wages and medical expenses) and multiplying that amount by a specific number. There is precedent in New Jersey for such an approach, but it varies from court to court.

Contact Attorney Howard D. Popper

To learn your options when you have been injured in the workplace, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all workers’ compensation claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

The Types of Injuries Covered by Workers’ Compensation

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Injuries-Covered-by-Workers'-Compensation

In New Jersey, there are two specific requirements that must be met before you are eligible to receive workers’ compensation benefits—you must show that you suffered an injury, and you must show that the injury occurred in the workplace. The workers’ compensation laws are generally no-fault laws—there’s no need to show negligence or carelessness—you only have to show that you were actually working when you were hurt.

The Injuries Covered by Workers’ Compensation

Workers’ compensation provides coverage for almost all work-related injuries, from joint and connective tissue injury to bruises, cuts and muscle trauma. Your injuries don’t need to be the result of a traumatic event—you can successfully recover workers’ compensation benefits for repetitive stress or motion injuries, as well as occupational illness or disease.

The different types of injuries specifically covered by workers’ compensation include:

  • Traumatic brain injury or spinal cord trauma
  • Broken bones
  • Head, back or neck injury
  • Knee, elbow, shoulder, hip, ankle or wrist injury
  • Loss of sight or hearing
  • Scarring or permanent disfigurement
  • Burns
  • Amputation or loss of limb
  • Wrongful death

Excluded Injuries under the New Jersey Workers’ Compensation Laws

There are also a number of situations where you won’t be able to recover workers’ compensation benefits:

  • You suffered an injury while involved in conduct that violated the law
  • Your injury occurred while you were under the influence of alcohol or illegal drugs
  • A pre-existing condition will generally preclude you to compensation, unless you can demonstrate that it was aggravated by your current job.
  • You were attacked by a co-worker or someone whose reasons were not tied your job
  • Your own attempts to injure yourself

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Can You Get Workers’ Compensation Benefits for a Work-Related Car Accident?

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Work-Related-Car-Accident

The New Jersey workers’ compensation laws were enacted to provide an alternative to the civil courts when workers suffered injury because of the carelessness or negligence of employers or fellow workers. Accordingly, when an employer fails to properly maintain equipment, or does not provide adequate training and supervision, and you suffer injury, you can file a workers’ compensation claim and, if your claim is approved, start receiving benefits within a few weeks.

The reality, though, is that many people travel as a part of their jobs and many “work-related” injuries are suffered in motor vehicle accidents while employees are on company time. Can you file a workers’ compensation claim for injuries suffered in a car accident while on the clock? If so, are you limited to seeking benefits through a workers’ compensation claim?

The rules governing eligibility for workers’ compensation for motor vehicle accident injuries are pretty clear:

  • You cannot recover for injuries suffered in a motor vehicle accident on your way to or from work, unless you were injured because you deviated from your route to perform a work-related task (pick up supplies or food/beverages at the request of a supervisor)
  • Injuries sustained during work hours are generally covered, unless you were in a vehicle for a purely personal activity

It’s important to understand, however, that you can file a workers’ compensation and a personal injury lawsuit simultaneously, provided at least one at-fault party was neither your employer nor a co-employee. You cannot, however, recover twice for the same loss. If you received workers’ compensation benefits to cover lost wages and income, you cannot recover the same lost wages and income in a separate proceeding before a judge and jury.

Contact Attorney Howard D. Popper

To learn your options after a car accident during work hours, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

The Benefits Available with a New Jersey Workers’ Compensation Claim

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New-Jersey-Workers'-Compensation-Claim

When you’ve been hurt on the job in New Jersey, you have the right to seek compensation for losses caused by your injury. Are you only entitled to benefits if you can’t work at all? What types of medical expenses does workers’ compensation cover? Will it pay for physical therapy or rehabilitation? What if you need a prescription for pain medication or an injury that requires surgery?

Under New Jersey law, workers’ compensation benefits are available whenever you have suffered a work-related injury. The benefits include compensation for lost wages or income—the specific amount and duration of your payments will depend on two criteria: whether or not your injury is temporary or permanent; and whether or not your injury is partial or total. As a practical matter, most workers’ compensation claims are for short-term injuries, and the benefits are only paid while you are unable to work.

To obtain benefits for a permanent disability, though, it’s not necessary that you be unable to work—you may be entitled to some form of benefit if you can show that a work-related injury caused you some type of permanent disability. Of course, if you can’t work at all, you will be entitled to the maximum benefit, which is based on your average weekly wage for the last 52 weeks. If your injury is deemed to be partial, though, you’ll only receive a percentage of the total benefits available, based on your degree of disability.

Medical Benefits under a Workers’ Compensation Claim

The workers’ compensation laws allow for coverage of all “reasonable and necessary” medical expenses incurred after a work injury. Hospital and urgent care treatment, physician visits, medical procedures and prescriptions are all covered. Though the workers’ compensation insurer or your employer may require that you meet with a specific doctor, you can still seek a second opinion and treatment from your own doctor.

Survivor Benefits under the New Jersey Workers’ Compensation Laws

There are also death benefits available to certain family members when someone is killed in a work-related accident.

Contact Attorney Howard D. Popper

To learn your options when you have been injured in the workplace, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all workers’ compensation claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Is a Waiver of Liability for Negligence Valid?

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Liability-for-Negligence-Valid

You see it all the time—you go ziplining or parasailing or want to engage in some other activity and the vendor requires that you sign a waiver of liability. The ostensible upshot of such a document is that you won’t be able to sue if you are subsequently injured. Is that always the case? Is the waiver worth the paper it’s written on?

There are instances where a waiver of liability will be construed as valid by a court, but in practice courts carefully review the terms of a waiver, as well as the actual injuries suffered, to look for grounds that may invalidate the waiver. In part, this stems from public policy that disdains waiving liability for negligence, out of fear that it will lead to more careless behavior. The concern behind it goes something like this—if the waiver of liability is valid, the person covered can act as carelessly as they want without fear of lawsuit or recrimination. Therefore, they’ll pay little or no attention to safety.

As a general rule, courts are disinclined to uphold waivers that are too broad or general. On the other hand, if a waiver is fairly specific, and the injury falls under the type for which liability is waived, it will probably be upheld.

Courts are also reluctant to uphold waivers that are hidden in boilerplate or simply not conspicuous or obvious to the person ostensibly waiving liability. In the best of all possible worlds, the wavier will be in upper-case letters or in boldface. It should be in the same size type and the same font, and should be readily apparent to a reasonable person.

Additionally, courts will typically not allow a waiver of liability for “gross negligence.” That’s typically defined as reckless or conscious indifference to the rights of others.

Contact Our Office

For a free initial consultation, contact our office online or call us at 973-993-8787. We have office locations in Morristown and Newton, but will visit you in your home or the hospital, if necessary.

We take all personal injury claims on a contingency basis. You will not incur legal fees unless attorney Popper recovers compensation for your losses.

Whose Insurance Covers Medical Expenses in an Uber Accident?

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Medical-Expenses-in-an-Uber-Accident

When you’ve been hurt in a motor vehicle accident in New Jersey, one of your first steps it typically to look to insurance to cover your losses. But what if you were a passenger in a ride-share, such as Uber or Lyft? Until about a year ago, there was no requirement in New Jersey that such companies provide any coverage for paying passengers. In fact, it was practice by Uber, Lyft and other ride-share companies to obtain basic coverage on drivers only.

As of May 1, 2017, however, under a new law known as the Transportation Network Company Safety and Regulatory Act, such ride-share companies must now carry commercial insurance policies covering passenger injuries when the ride-share driver is at fault, or if the ride-share driver has inadequate coverage to compensate for all the passenger’s losses. The law requires a $1.5 coverage limit on such policies. Furthermore, if an Uber passenger is injured in an accident caused by another driver, a claim can be made against that driver’s insurance provider without the limits set up the New Jersey no-fault laws.

If you’ve been hurt in an accident involving a ride-share service, you still need to take steps to protect your rights:

  • Gather as much information as you can from participants or witnesses, including name, address, phone number and other contact information
  • Get pictures of everything, from your injuries to the damage to the vehicle to the roadway and weather conditions at the time
  • Get the medical treatment you need as soon as possible

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of the negligence or carelessness of another person, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Your Rights if Your Child Was Hurt in a School Bus Accident

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Fatal School Crash Raises Questions

The death of a teacher and a student in a school bus crash on a field trip has raised many questions about the liability of a school district in a motor vehicle accident. Experts anticipate that families of the deceased will not be the only ones to seek damages for injuries sustained.

So what are your rights when your child is injured in a bus wreck on a school outing? Can the school be held accountable for the carelessness of a bus driver?

In New Jersey, if you have been injured because of the wrongdoing of a public entity or a public employee, you must file a claim under the New Jersey Tort Claims Act. The Tort Claims Act upholds the concept of sovereign immunity, preventing individuals from bringing lawsuits against the government. There are, however, exceptions to that law. One of the specific exclusions is for people who have suffered injury because of the negligence of a public entity. Accordingly, under the New Jersey Tort Claims Act, there is no immunity from liability for the negligence of a school board or school employee.

Under the statute, you must file a claim for injuries under the Tort Claims Act within 90 days of the accident. The state then has 90 days to accept or reject your petition.

Contact Attorney Howard D. Popper

To learn your options when you have lost a loved one in an accident, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Nursing Home Negligence and Abuse – Protecting Your Loved Ones

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Old woman in hospital bed

When your loved one requires assisted living or nursing home care, you expect that they’ll be well-treated, that their needs will be met and that they won’t suffer needlessly because of carelessness or neglect by caregivers. Unfortunately, the nursing home business can be highly profitable and there’s a lot of demand for these services. Accordingly, there are many nursing home operators who are primarily or exclusively interested in profit and see resident care as less important. Statistics show that one in every 10 Americans over the age of 60 have experienced some form of elder abuse.

Understanding Elder Abuse

According to the National Council on Aging, elder abuse can take many forms, from physical and emotional trauma to financial exploitation, abandonment and even sexual abuse. There are telltale signs that your family member or loved one is being victimized:

  • Physical abuse — Look for frequent and unexplained injuries, bruises or black and blue marks. If your loved one is seeking medical treatment on a regular basis, that may be a red flag.
  • Neglect — Malnutrition and dehydration are common problems in nursing homes. If your loved one is always thirsty, seems unusually tired or weak, gets chills or has dry skin, these can be symptomatic of dehydration. Weight loss is a clear indicator of malnutrition, but you should also look for dizziness or fatigue, a bloated stomach, tooth decay, swollen or bleeding gums or decreased bowel movements.
  • Emotional abuse — One of the clearest signs of emotional abuse is a desire to withdraw. If your loved one doesn’t want to see family and friends, has had unexplained changes in personality or mood swings or seems anxious, there may be emotional abuse
  • Sexual abuse — Bleeding around the groin, genital or anal discomfort or diagnosis of STDs

Contact Attorney Howard D. Popper

To learn your options when your loved one has been the victim of nursing home neglect or abuse, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

Recovering Damages after a Burn Injury

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Recovering Damages after a Burn InjuryWhile burns can cause some of the most painful and debilitating injuries that you can suffer, these types of claims can also pose some of the most challenging cases. Whether you are suing and individual, an employer or a manufacturer, you need to move quickly to gather and preserve evidence, and you need an experienced attorney who understands the many injuries that can occur in a fire.

Gathering the Necessary Evidence

Establishing fault can be tricky in a burn case. In many instances, the responsibility may stem from a failure to act—the failure to install smoke alarms or to maintain extinguishers or sprinklers. In other situations, it may result from carelessness in locating items near a fire hazard, or from design or manufacturing defects tied to a specific product, machine or appliance.

It’s important to understand, too, that there may be more than one party at fault. Furthermore, even if you were negligent in some respect, there’s still a possibility that you may recover compensation if there are other negligent parties.

The Types of Injuries Suffered in a Fire or Burn Accident

There are a wide range of physical and emotional losses that have been tied to fires or burn accidents, including:

  • Permanent scarring or disfigurement
  • Amputation or loss of limb
  • Loss of mobility
  • Continued pain and suffering at the location of a burn
  • Changes in body chemistry
  • Damage to internal organs, including heat and smoke inhalation
  • Emotional distress

In a lawsuit to recover compensation for burn injuries, it’s customary to ask for a wide range of damages, such as:

  • All past, current and future medical expenses resulting from the burn
  • The cost of skin graft, cosmetic surgery or scar revision surgery
  • Any rehabilitation or physical therapy required
  • Occupational therapy
  • Emotional counseling

Contact Attorney Howard D. Popper

To learn your options when you have been injured because of the negligence or carelessness of another person, contact our office online or call attorney Popper at 973-993-8787. We have offices in Morristown and Newton, but will come to your home or the hospital, if necessary. There is no charge for your first consultation.

We handle all personal injury claims on a contingency basis. You won’t be charged any legal fees unless attorney Popper recovers compensation for your losses.

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