Compensatory Damages for Personal Injury Claims
When an accident or harmful event leaves a person hurt due to someone else’s careless behavior, the personal injury laws in Pennsylvania and New Jersey provide a way to seek compensatory damages. These personal injury compensations address the real, measurable setbacks caused by unexpected injuries, and they aim to put an injured party as close as possible to the position they would have occupied had the incident never occurred.
Understanding how personal injury damages are determined can help individuals pursue fair and appropriate recovery. Both Pennsylvania and New Jersey make room for this type of recoverable compensation in personal injury cases – and working with a qualified Iselin or Easton personal injury lawyer from Sharma Law Office can guide you throughout the process.
What Are Compensatory Damages?
Both in Pennsylvania and New Jersey, compensatory damages refer to the monetary awards granted to victims of personal injury claims to address the losses they’ve sustained due to an accident.
These damages are intended to make the injured party whole again by covering both tangible and intangible losses.
There are two primary types of personal injury damages in this category:
Economic Damages
These cover measurable financial losses, such as:
- Medical expenses, including hospital stays, surgeries, physical therapy, and medication.
- Lost wages and loss of earning capacity if the injury affects your ability to work.
- Property damage, such as vehicle repair costs.
Non-Economic Damages
These address less tangible but equally significant losses, including:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Loss of consortium (impact on relationships).
By pursuing a personal injury claim in PA and NJ, you can recover compensatory damages for both categories, helping you move forward after an accident.
Compensatory Damages vs. Punitive Damages
While compensatory damages aim to reimburse the victim for their losses, punitive damages serve a different purpose. Punitive damages are designed to punish the at-fault party for particularly reckless or intentional misconduct and to deter similar behavior in the future.
In Pennsylvania and New Jersey, punitive damages are awarded only in cases involving extreme negligence or malice. For example, a drunk driving accident might warrant punitive damages if it’s proven that the defendant’s actions were egregiously reckless.
However, punitive damages are separate from compensatory damages and are less commonly awarded in personal injury claims. If you’re unsure about the type of damages applicable to your case, consulting an Iselin or Easton personal injury attorney can provide clarity.
How Do You Calculate Compensatory Damages?
Calculating compensatory damages involves evaluating the full extent of your economic and non-economic losses.
Economic Damages
These are relatively straightforward to calculate, as they rely on tangible evidence such as medical bills and records, proof of income, such as pay stubs or tax returns, to establish lost wages, and repair estimates for property damage.
Non-Economic Damages
Determining non-economic damages can be more subjective. Courts and insurance companies often use methods like:
- Multiplier Method: Multiplying your economic damages by a number (usually between 1.5 and 5) based on the severity of your injuries.
- Per Diem Method: Assigning a daily monetary value to your pain and suffering and multiplying it by the number of days you’ve been affected.
Our skilled attorneys in our offices in PA and NJ can help ensure that every aspect of your losses is carefully accounted for, maximizing your recovery.
Is There a Cap for Compensatory Damages?
Caps on compensatory damages vary depending on the type of claim and the state in which it is filed.
- In Pennsylvania: There are no caps on compensatory damages in personal injury claims involving private individuals or entities. However, if your claim involves a government entity, damages may be capped at $500,000 for the municipality and local government entities and $250,000 for the Commonwealth and its state agencies.
- In New Jersey: Similar to Pennsylvania, New Jersey does not impose caps on compensatory damages for most personal injury claims. Claims involving medical malpractice may have specific limitations under state law.
Understanding these nuances can significantly impact the outcome of your case. Partnering with a personal injury lawyer ensures you’re well-informed about any potential limits.
Consult Our Personal Injury Attorneys in PA and NJ
At Sharma Law Office, our experienced attorneys have been securing favorable outcomes for our clients in Pennsylvania and New Jersey. Whether you’re in Iselin, Easton, or the surrounding areas where our offices are located, we are committed to helping you recover the compensatory damages you’re entitled to. Contact us today to schedule a consultation with our Iselin or Easton personal injury attorney.