Pain and Suffering Damages in New Jersey

pain and sufferingIf you have been injured due to someone else’s negligence, you may have suffered damages. Damages can be economic in nature, such as lost wages and out-of-pocket expenses, or they can be non-economic in nature, as in the case of pain and suffering. But what exactly is meant by pain and suffering?

What is Pain and Suffering?

Pain and suffering are actually two different types of non-economic damages in personal injury cases. Pain is an immediate sensory feeling. If you break a bone, you will feel immediate pain. Pain can range from mild to severe, and can even go away at times. Suffering, on the other hand, is more of a long term concept. Suffering occurs over a longer span of time after an injury, when the permanent effects of the injury set in and change someone’s life in a negative way. […]

Are Self-Driving Cars Safer?

Self-driving automobiles, also known as autonomous vehicles (AVs), are making their mark. Some analysts expect their growth to expand exponentially, claiming that AVs might enjoy a 60 percent U.S. market share by 2030. Proponents predict decreased motor vehicle accidents and lessened traffic jams with the increased use of self-driving vehicles. So, how safe are these vehicles?

Self-Driving Car Accidents

AVs are not foolproof and accidents can and will occur for a variety of reasons, including product defect, roadway factors, inclement weather, and other external factors. Thus, while self-driving vehicles are designed to take operator error out of the equation, what if the AV itself malfunctions and causes an accident? Or a driver in a conventional automobile negligently collides with the self-drivng vehicle? Or dangerous road conditions cause the AV to crash?

Safety in Numbers

Driver error is responsible for 94 percent of all motor vehicle accidents, […]

Personal Injury Deposition FAQs

deposition faqDepositions serve two main purposes in personal injury cases. First, they allow the parties to learn about the facts of the case. Second, they let the parties develop a factual record that can be used to cross-examine adverse witnesses at trial.  Below are some of the common questions we receive regarding depositions in personal injury cases.

Q: What is a deposition?

A: This is a method of gathering information by obtaining testimony under oath from parties, fact witnesses and expert witnesses in a personal injury case. It is essentially a question and answer period, where an attorney asks a witness a variety of questions relating to the lawsuit. The witness is under oath, thus their testimony has the same force and effect as if it were in court. The deposition testimony is recorded by a court reporter and printed in a booklet called a transcript. The testimony […]

Understanding Wrongful Death Lawsuits in New Jersey

Legal Help through the Most Difficult Time

The loss of a family member can be devastating. Not only are there emotional aspects of the loss which must be dealt with by the family, but frequently there are also financial consequences that affect the family and the dependents of the decedent.

When the loved one’s death was caused by someone else’s negligence, the next-of-kin may be able bring a wrongful death lawsuit again the person or persons who caused the untimely death. By pursuing a wrongful death claim, the estate of the decedent may seek compensation for any medical and funeral bills, and other out-of-pocket damages incurred as a result of the loved-one’s death. In addition, dependents may be entitled to compensation for future financial support and lost services that would have been provided had the loved-one survived.

While no dollar amount can ever replace a lost family member, financial compensation for a wrongful death can […]

Personal Injury Settlement FAQs

personal injury settlements frequently asked questionsOften, personal injury claims are settled before they get to court. Below are some of the common questions that personal injury claimants have about settlements in these cases.

Q: What is the difference between a personal injury settlement and a personal injury award?

A: A “settlement” is an amount of money that a plaintiff agrees to accept from a defendant to conclude a case, while an “award” is the amount of compensation that a judge or jury awards to a plaintiff following a successful personal injury trial.

Q: Do I have to pay taxes on my settlement?

A: Typically, the amounts you receive as compensation for non-economic damages (i.e. pain, suffering, disability, impairment and loss of enjoyment of life) are not considered taxable income. Notwithstanding, exceptions may apply, and you should always notify your accountant of any settlement received during a given tax year.

Q: Do I pay my attorney a fee […]

Motor Vehicle Accident FAQs

car accident frequently asked questions

Q: Who pays to fix or replace my car?

A: Assuming you have sufficient auto insurance at the time of a motor vehicle accident, your own insurance should cover your property damage, less your deductible. It is usually not a good idea to try and make a claim yourself against the other driver’s insurance for property damage costs since they are not your insurance company, and often don’t have your best interests in mind.

Q: Since New Jersey is a no-fault state, does that mean I can’t sue the driver who caused my car accident and injuries?

A: No. Basically, “no-fault” means that your own insurance company will cover the cost of medical treatment for your injuries if you have Personal Injury Protection (PIP) coverage. The PIP coverage in your policy may also cover essential services and lost wages, depending on the coverage you selected in your […]

Common Types of Medical Malpractice in New Jersey

common types of medical malpracticeMedical malpractice occurs when a health professional or medical facility deviates from the accepted standard of patient care, thereby causing injury, disease, or death. There are numerous ways that this can happen, and it’s usually not obvious or clear right away whether medical malpractice is the culprit. If you are injured by medical malpractice, you may be entitled to compensation for your damages.

Below are just a few of the common types of medical malpractice claims that lawyers assist clients with.

Diagnostic Errors

Accurate and timely diagnosis is essential for patient care. The following types of diagnostic mistakes can be costly, and even fatal for the patient:

  • Failure to diagnose – When a physician misses the symptoms of a disease or health complication, the issue continues untreated. This may result in a worsening of the illness or disorder, and can lead to injury or death.
  • Delayed […]

Emotional Distress and Mental Anguish Damages in Personal Injury

emotional distress in personal injury casesIn personal injury cases, damages refers to the permanent injuries suffered by the accident victim, for which monetary compensation is sought to help make them “whole” again. Personal injury awards and settlements are designed to compensate injured people for the harms and losses that they sustain. In certain cases, damages may be sought for the mental, emotional, and psychological injuries sustained by the injured plaintiff.

Emotional Distress / Mental Anguish

Mental anguish and emotional distress are sometimes used interchangeably to describe the emotional and psychological impact of a serious injury or a traumatic accident. These damages may be categorized under pain and suffering.

Depression

When someone suffers a catastrophic injury, the resulting changes can lead to depression and other mood disorders. In particular, depression frequently accompanies a traumatic brain injury (TBI). Other times, just dealing with pain, rehabilitation, life changes, and other consequences of injuries can lead to depression.

Fear

Feelings of dread and fear frequently […]

The Role of Occupational Therapists in Personal Injury Cases

Occupational Therapists in Injury Cases

Occupational therapy and rehabilitation services are essential to the physical and psychological recovery of many personal injury victims. After a serious slip and fall, motor vehicle accident, work injury or other catastrophic accident that causes severe physical damage, the injured person’s life may be greatly altered. Accident victims often require ongoing medical treatment and rehabilitative care to deal with the effects of injuries. Occupational therapists are on the front line of this important battle.

What is an Occupational Therapist?

An occupational therapist (OT) is a healthcare professional who helps aging, injured and/or disabled patients achieve physical, psychological, and functional goals, thereby improving the patient’s overall quality and enjoyment of life.

Some common services an OT performs include:

  • Assessing the impact of injuries on a patient’s life and functional abilities
  • Assessing new challenges presented by the injuries
  • Developing a plan to restore the client’s pre-injury […]
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