Is There Any Cap on the Amount You Can Receive in a Personal Injury Lawsuit?
Over the past few decades, insurance companies and defense lawyers have waged a continual campaign to set caps on damage awards in personal injury lawsuits, often providing misleading information that suggests that damage awards are frequently excessive or out of control. Many state legislatures, capitulating to these powerful lobbies, have set artificial limits on the amount a jury may award an injured person, irrespective of their actual losses. Does such a limit exist in New Jersey? What can you expect to recover from a jury in New Jersey if you have suffered serious or catastrophic loss because of someone else’s injuries.
Damages for Personal Injury in New Jersey
In New Jersey, as in other states, there are essentially two types of damages (compensation for losses) available in a personal injury lawsuit: compensatory damages and punitive damages. Compensatory damages are tied to a specific loss, which may be economic or non-economic. Economic losses are those are tangible and easily calculated, such as medical expenses or lost wages. Non-economic losses are less tangible, and may involve physical pain and suffering, loss of companionship, and loss of enjoyment of life.
In New Jersey, there is no limit on either compensatory damages or punitive damages, but punitive damages are rare. As a general rule, compensatory damages are available when you can show that the injured party was negligent. Punitive damages, on the other hand, require that you prove that the defendant’s behavior was egregious, or with reckless disregard for the value of human life.
Contact Howard D. Popper, P.C.
At Howard D. Popper, P.C., we can help protect your rights. For a free initial consultation to discuss your options after a 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 workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.