Types of Damages
FAQ Video Transcription
In New Jersey, there are various elements of your claim, arising out of an accident which was caused by the negligence of another person. The first, is your economic loss. What loss have you suffered as a result of the accident. Are you out of work? Have you gotten paid while you’re out of work? Did you get your full salary? If it’s a work related injury and there’s a claim against anther party for negligence, workers’ compensation will be paying you seventy percent of your wages, but there’s the thirty percent that you didn’t get and that becomes part of your personal injury claim.
You also have a right to include, the monies that were expended on your behalf by the workers’ compensation carrier, your medical expenses, your temporary disability, any permanency award made by the workers’ compensation carrier.
Non economic damages, are a major element of any personal injury case. That’s what we know as pain and suffering, past and future.
Also an element of that claim is what we call loss of quality of life. Think about the things you do on a daily basis, your chores at home. Your personal chores, simple things like getting dress or taking a shower. Going to work, the kinds of activities you are required to do at work. You have to sit all day as a secretary or a computer person. Are you impeded from performing your duties. Loss of quality of life entails those recreational activities that you would normally do but can’t do, injury to you neck, your back, whatever. Such things as I love to bowl, or I love to ballroom dance and I can’t do that anymore. I had clients with those circumstances. If you go to church and part of your ritual is kneeling and you can’t kneel, that’s an element of your damages. You can’t pick up the grandchildren like you want to. You can’t take the long walks with your friends or family. You can’t go to the mall and stroll leisurely because it’s just too painful. These are elements of what we call loss of quality of life.