To make filing a lawsuit worth it after a bad accident, it should cover all hospital expenses, lost wages, and property damage costs. It should even cover non-economic damages, like pain and suffering. For that to happen, you must file a strong lawsuit within the statute of limitations, which we can help accomplish.
The accident’s date, when you discovered your injuries, your age when injured, and other factors affect the filing deadline. We will determine how much longer you have to sue and file your case on time. In addition to compensatory damages, plaintiffs may get punitive damages from defendants for egregious misconduct.
Call Agrapidis & Maroules, P.C. at (201) 777-1111 for a free and confidential case evaluation from our personal injury lawyers.
What Economic Damages Do Scotch Plains Personal Injury Lawsuits Cover?
Your lawsuit should cover all economic damages from an injury. Though medical expenses may be your most concerning damages, you may incur many more. We can work to make sure you get paid for all out-of-pocket expenses.
Hospital bills let us add up medical damages, so give us copies as you receive them. Emergency room treatment, hospital stays, and all treatments are compensable.
A concussion, fracture, or back injury might stop you from working. Tell us if that is the case so our personal injury lawyers can assess your lost wages. New Jersey does not limit economic damages in injury lawsuits, meaning you can make a full recovery with enough proof of damages.
Property damage, in-house medical help, childcare services, and transportation accommodations are also recoverable damages. Report them to our attorneys, and we will seek them in a lawsuit.
What Non-Economic Damages Do Scotch Plains Personal Injury Lawsuits Cover?
Personal injury lawsuits can cover non-economic damages from accidents in Scotch Plains. Let us assess your non-economic damages, quantify them, and prove them in court.
Covered Damages
Non-economic damages include emotional distress, disfigurement, embarrassment, loss of enjoyment of life, physical pain, and mental suffering. They are subjective damages, so your testimony helps prove them.
Serious Injury Threshold
After a pedestrian, bicycle, truck, or car accident, some victims may only get non-economic damages after proving they sustained a “serious” injury, like dismemberment, displaced fractures, and significant scarring.
Drivers with the “no limitation on lawsuit” option for their insurance do not have to pass the serious injury threshold to get non-economic damages.
This does not apply to accidents outside of vehicle accidents.
Caps
New Jersey does not cap non-economic damages in injury lawsuits. Trials may yield large jury awards because of this. Settlements can cover non-economic damages, but they can after we negotiate.
Can I Get Punitive Damages from a Personal Injury Lawsuit?
If the defendant’s actual malice or wanton and willful disregard for your safety caused your injury, you may get punitive damages. These are paid on top of economic and non-economic damages and may substantially increase your claim’s value.
Juries make defendants pay punitive damages to punish them, make examples out of them, and stop them from repeating the conduct. You only get punitive damages if we prove them during a trial, as they will not come from a settlement.
According to N.J.S.A. § 2A:15-5.14(b), New Jersey caps punitive damages at $350,000 or five times the compensatory damages awarded, whichever amount is greater.
When Do You Need to File Your Personal Injury Lawsuit in Scotch Plains?
You may need to file your lawsuit within two years of an accident, according to § 2A:14-2. New Jersey has “tolling” exceptions that pause the statute of limitations, giving some victims more time.
The statute of limitations starts to run on the accrual date. Generally, the accrual date is the same date an accident happens and a victim is injured. The accrual date gets delayed if a victim does not discover their injuries immediately. The date of discovery starts the statute of limitations, and you might discover your injuries months after you suffer them.
Since minors cannot file lawsuits by themselves, the statute of limitations does not run until they turn 18, giving them until age 20 to sue.
The statute of limitations may also toll if the defendant is a non-resident or flees the state after injuring you, according to § 2A:14-22(a).
You must bring your personal injury lawsuit before the statute of limitations runs out. If you do not, you will lose your chance to get compensation, which we can avoid.
Will I Have to Testify During My Scotch Plains Personal Injury Lawsuit?
If your case goes to trial, we may have you testify. Testifying lets you describe the accident, the defendant’s negligence, your injuries, and your damages. While you will not have to testify if your case settles, you may have to give a deposition.
Depositions
Depositions happen during the discovery phase of lawsuits. After we file the complaint, discovery starts, and both sides exchange and request information.
During a deposition, the opposing side can ask questions. They might ask about your medical treatment, physical limitations, lost wages, and more. We will prepare you for depositions so you can give accurate statements.
Your deposition may show the strength of our case, along with other evidence the defense sees during discovery. Then, when settlement talks start, the defense may give a better offer faster.
Testifying at Trial
We will also prepare you for testifying if you go to trial. Deposition and testimony should not contradict each other, as that could hurt your claim. Though testifying can be intimidating, we will tell you what to expect so you are confident discussing pain and suffering and other damages in court.
Call Our Injury Lawyers in Scotch Plains Today
Call the personal injury lawyers of Agrapidis & Maroules, P.C. at (201) 777-1111 to discuss your case for free.