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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.

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.

New Jersey Auto Insurance Rates Remain Among Highest

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Car insurance application form with car model and key remote on desk.

The news continues to be bleak for New Jersey motorists looking to buy motor vehicle insurance—the Garden State is once again among the five most expensive states in which to purchase a policy for coverage on your automobile, joining Florida, Michigan, New York and Louisiana as the priciest places to insure a vehicle.

According to studies, the principal reasons New Jersey consistently ranks among the costliest states for car insurance are:

  • A high population density — New Jersey has one of the greatest concentrations of population in the country. The more people you have in a smaller area—particularly the more people you have on the road, the more accidents there will be. The more claims insurers pay out, the more they have to charge in premiums to cover their losses.
  • High accident rates — In addition to one of the highest population densities in the nation, New Jersey also has one of the highest accident rates in the country
  • Medical fraud related to motor vehicle accidents — New Jersey is near the top in the number and dollar amount of fraudulent medical claims arising out of car crashes.
  • Personal injury protection (PIP) amounts that are among the highest in the United States — New Jersey has PIP of up to $250,000 and a lot of PIP fraud, which increases the cost of insurance for all drivers.

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.

Recovering Medical Expenses When You Have Been Hurt in a Car Accident

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Recovering Medical Expenses When You Have Been Hurt in a Car AccidentAfter a car crash, one of the first things you’ll typically do is look to get reimbursement and/or payment for any medical expenses. How that happens in New Jersey depends on the type of motor vehicle accident insurance you bought.

Like every other state, New Jersey has a no-fault system to recover for certain motor vehicle accident losses. With a no-fault policy, you turn to your own insurer (not the at-fault party’s insurance provider) to seek reimbursement of your losses. Your insurance company will pay you pursuant to policy limits, and may also seek reimbursement from the at-fault party’s insurer through a legal process known as subrogation. You can expect, though, that your insurance provider will pay most or all of the losses you have suffered.

There’s a wrinkle, though, in the New Jersey insurance laws. You can choose no-fault insurance or you can opt for a traditional policy. When you purchase a traditional policy, you retain the right to sue the other party directly, although that can be a lengthy and costly process.

There’s also a clause in the New Jersey insurance statute that allows you to file a lawsuit directly against the at-fault party and/or his/her own insurer. You must, however, show that you have sustained serious injury, defined to include dismemberment, displaced fractures, significant scarring or disfigurement, or the loss of a fetus.

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.

When You Must File a Personal Injury Action in New Jersey

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Airbag exploded at a car accident

In the aftermath of an accident, when you have suffered serious injury because of the carelessness or negligence of another person, you focus needs to be on your physical recovery. But you must also pay attention to your legal rights. In fact, there are laws, known as statutes of limitations, which require that you seek legal recourse for a personal injury within a specific period of time. There are many good reasons for these laws—they help ensure that evidence is not lost and that witnesses’ memories don’t fade. They also ensure that the wrongdoer doesn’t have to live indefinitely with the fear of a potential lawsuit.

Every state has its own statute of limitations, and the period of time in which a lawsuit must be filed may also vary based on the type of dispute. Under New Jersey law, a claim based on personal injury must be filed within “two years after the cause of any such action shall have accrued.” The same time period applies regardless of the nature or extent of the injury, and applies to wrongful death claims, though a wrongful death claim must be filed within two years of the date of death.

It’s not uncommon, though, for injuries to take months or years to surface. For example, you may contract cancer because of exposure to toxic substances at work, or you may suffer injuries to your neck or lower back that don’t immediately manifest. Fortunately, New Jersey has adopted the “discovery rule” governing the running of the statute of limitations in personal injury cases. This rule holds that the time period for filing a personal injury claim does not start to move until you either have discovered or, through the exercise of reasonable care, should have discovered the injury or illness.

Contact Attorney Howard D. Popper

To learn your options when you have suffered a personal injury, 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.

Safe Driving Tips for the Holidays

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Sheriff reporting car crash

With gas prices still at some of their lowest points in years, transportation officials anticipate that more people will choose to hit the road for Thanksgiving this year. In fact, the American Automobile Association estimates that more than 40 million Americans will drive at least 50 miles from home at some point during the Thanksgiving weekend. Unfortunately, with more folks on the road, the risk of accident and injury escalates. Here are some tips to help make this holiday a safe one.

Plan Your Trip in Advance

If you don’t know exactly where you are going, it’s best to study the route before you go and know when and where you’ll change course. Even though you’ll probably have GPS on your phone and may even have Siri to guide you in, experts say that one of the principal causes of motor vehicle accidents is unfamiliarity with a specific roadway. Your GPS can only give you a little bit of advanced warning of a turn or change in direction. Trying to make that sudden turn can put you in harm’s way.

Don’t Overload Your Vehicle

Your car will tell you how much weight you can carry. The more you haul, the more difficult you vehicle may be to handle, especially in an emergency. Furthermore, don’t pack things loosely throughout the vehicle. In a sudden stop, loose items can become projectiles.

Give Yourself Extra Time

You know in advance that there will be a lot more traffic on the road, so you need to put a cushion in if you need to be somewhere at a specific time. In addition, prepare for traffic slowdowns or even traffic jams.

Avoid Distractions

One of the principal causes of motor vehicle accidents is distracted driving. Let one of the passengers do anything that needs to be done on a device, including adjusting music, taking phone calls or looking up directions. Make certain your traveling companions, especially children, have plenty to keep them occupied, so they don’t pull your attention off the road.

Contact Attorney Howard D. Popper

To learn your options when you have suffered a personal injury, 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.

Multi-Million Dollar Verdict for Passenger in Car Accident

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A car that has rolled over

A Vernon man was awarded $2 million by a Morristown jury for injuries he received when the car he was riding flipped over and hit a tree. Brian Birchenough, 20 years old at the time of the accident, was a passenger in a car driven by Matthew Hurban, another resident of Vernon. Birchenough was represented by attorney Howard Popper.

According to testimony introduced at trial, Birchenough had accompanied Hurban to the Fone Booth Bar in Hardyston in 2006 for what the tavern advertised as “Poker Night.” The bar had a poker game running all night long, with the grand prize winner taking home a color TV. Attorney Popper argued that the “Poker Night” was simply a marketing ploy to get people to come to the bar and drink. Popper also produced evidence showing that Hurban’s BAC (blood alcohol content) was somewhere between .15 and .19 at the time of the crash, approximately twice the legal limit.

Investigators said that Hurban and Birchenough left the bar and traveled about a mile before Hurban failed to negotiate a turn, rolled the vehicle and struck a tree. Birchenough sustained numerous injuries, including a broken nose, leg, ankle and vertebra. He needed surgical implants in his legs, including rods and plates, so that he could walk again. Hurban suffered severe and permanent brain damage.

The jury, in returning its verdict, concluded that Hurban was 65% responsible for the accident and the Fone Booth was 35% liable. Birchenough settled with Hurban before trial for $100,000.

Contact Attorney Howard D. Popper

To learn your options when you have suffered a personal injury, 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.

Soldiers Injured in Turnpike Crash

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A close up of skid marks on a road.

Four soldiers from the 533 Brigade Support Battalion at Fort Totten, in Queens, were injured on April 14 when the Humvee in which they were traveled rolled over on the New Jersey Turnpike in South Brunswick, New Jersey. Authorities say they were traveling in a two-vehicle caravan traveling south on the turnpike when a tire came off the Humvee. Police located the tire about 40 feet from where the vehicle came to a stop. The second vehicle was not involved in the accident.

All four of the injured were in the vehicle that overturned. Three soldiers were taken to the hospital—one female and two male soldiers. A fourth G.I., a male soldier, appeared to be dazed, but did not require any medical treatment. Witnesses say that three of the four soldiers were trapped under the vehicle and personnel in the second vehicle had to jack up the overturned Humvee to pull them out.

Transportation officials say it’s more common than you think for a tire to come off a vehicle in transit. More often than not, the injuries sustained are to a third party. Mark Bailey, an engineer with MEA Forensic, says that wheel separation if very underreported in the United States. He estimates that there may be as many as 50,000 incidences per year in North America where a tire comes off a car while the vehicle is moving down the road. His research shows that the greatest tendency for wheel separation is approximately two to three weeks after tires have been changed, or brakes have been worked on. He says the common cause—mechanics or car owners don’t properly tighten the lug nuts.

Contact Our Office

For a free initial consultation, contact attorney Howard D. Popper 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. We won’t charge attorney fees unless we recover compensation for your losses.

Car Accidents Involving Snow or Ice

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Driving at nightA recent study by the Federal Highway Administration found that nearly 25% of all motor vehicle accidents in the United States are caused in whole or in part by weather conditions. The bulk of those accidents, according to the report, take place on snowy and icy roads in northern winters.

The Requirement that You Keep Your Car Free of Snow and Ice

Unlike some states, New Jersey has specific laws that require motorists to clear all snow and ice from their vehicles before taking them on the road. That law has recently become even stricter. Under prior law, you could only receive a ticket if accumulated snow or ice from your vehicle caused injury or damage when it flew off your car. Under the new statute, you can face fines simply for driving with snow or ice on your car—up to $75. If you cause injury or property loss, the fine can be as much as $1,000.

Potential Causes of Accidents in Snowy or Icy Conditions

There are a number of hazards brought on by winter weather in New Jersey:

  • Limited vision due to snow, ice or freezing rain—It need not be a whiteout or blizzard conditions—a heavy snowfall can be mesmerizing, especially when you are catching the snowflakes in your headlights. In addition, sleet and freezing rain can quickly cover your windshield with a sheet of ice, making it impossible to see anything.
  • Slick roads—Most motorists know that fresh snow often provides the best traction, but you never know what’s beneath the snow. In addition, you won’t get any bite in fresh snow if you need to brake quickly. It’s best to maintain moderate and consistent speeds, whenever possible.
  • Beware of black ice, a condition that arises when air temperatures are so cold that motor vehicle exhaust freezes when it hits the asphalt or pavement. With black ice, the layer of ice is so thin that it isn’t visible to the naked eye, but it just as treacherous as an inch of ice on the road.

Contact Attorney Howard D. Popper

To learn your options when you have suffered a personal injury on the job, 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 Dangers of Driving in the Summertime

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Accident sceneIt’s far more dangerous to drive in the winter, right? After all, you have to deal with snow, ice, sleet, freezing rain. In a recent study conducted by the University of Minnesota, more than eight of ten people agreed.

But statistics from the National Highway Traffic Safety Commission contradict this common belief. In fact, the NHTSC found that nearly twice as many people die in car accidents in July and August than over the rest of the year combined. Here are the principal reasons they believe are behind this shocking statistic:

  • School is out, so there are a lot more drivers on the road, and a lot more younger, less experienced drivers. Drivers between the ages of 15 and 24 account for only 14% of the population, but they are involved in approximately one-third of all motor vehicle accidents annually.
  • More people take vacations in the summer, so there are simply more people on the road. Furthermore, many people on vacation are traveling in unfamiliar areas. Many accidents occur when motorists take a wrong turn, miss a turn or go the wrong way on a one-way street.
  • Summer tends to be the season of road construction, and road construction sites are a major source of motor vehicle accidents
  • Because the days are longer in the summer, people tend to stay on the road longer, especially when driving longer distances
  • The presence of bicyclists and motorcyclists, who tend not to be on the roads in winter
  • Road rage tends to increase in the summer, due to increased traffic and increased temperatures (the NHTSC cited aggressive driving as a factor in more than half of all fatal crashes)

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.

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