How to Calculate Damages in a New Jersey Car Accident

• Dan T. Matrafajlo
• Tue Jul 2024
• Car Accidents,
• 0

When you are injured in any type of motor vehicle crash that was caused by the negligence of a third party, you may be entitled to different types of monetary damages. Calculating the damages you are entitled to can be difficult. An experienced New Jersey car accident attorney can help ensure you the get full compensation you deserve.

Calculating damages in a New Jersey car accident claim involves considering various factors, including medical expenses, property damage, lost wages, pain and suffering, and other related costs. Here’s a step-by-step guide to help you understand how to calculate these damages:

Medical Expenses

• Current Medical Bills: Include all costs for emergency room visits, hospital stays, surgeries, doctor visits, medication, physical therapy, and any other medical treatments.
• Future Medical Costs: Estimate the cost of any future medical care needed as a result of the accident. This may require input from medical professionals.

Property Damage

• Vehicle Repair or Replacement: Calculate the cost to repair or replace your vehicle.
• Personal Property: Include the cost of any personal items damaged in the accident, such as electronics, clothing, or other personal belongings.

Lost Wages

• Current Lost Income: Determine the income lost from being unable to work due to the accident. This includes salary, wages, bonuses, and benefits.
• Future Lost Income: If the accident results in a long-term disability, estimate the loss of future earning capacity. This often requires expert testimony.

Pain and Suffering

• Physical Pain: Compensation for the physical pain endured as a result of the accident.
• Emotional Distress: Compensation for mental anguish, stress, anxiety, depression, and other emotional impacts.
• Loss of Enjoyment: If the accident affects your ability to enjoy daily activities or hobbies.

Loss of Consortium

Compensation for the impact of the accident on your relationship with your spouse or family members, including loss of companionship, affection, and support.

Other Economic Damages

• Out-of-Pocket Expenses: Any other expenses incurred as a result of the accident, such as transportation costs to medical appointments.

Punitive Damages

In cases of gross negligence or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future. These are less common and typically require a higher burden of proof.

Steps to Calculate Damages

• Gather Documentation: Collect all medical bills, repair estimates, pay stubs, and any other relevant documents.
• Consult with Professionals: Work with medical professionals, vocational experts, and financial experts to estimate future costs and losses.
• Calculate Economic Damages: Add up all the current and future costs related to medical expenses, property damage, and lost wages.
• Calculate Non-Economic Damages: Use a multiplier method (typically ranging from 1.5 to 5, depending on the severity of pain and suffering) to estimate non-economic damages. Multiply your total economic damages by this number.
• Consider Punitive Damages: If applicable, consult with your attorney to determine if punitive damages are warranted and how they might be calculated.

Example Calculation

• Medical Expenses: $10,000 (current) + $5,000 (future) = $15,000
• Property Damage: $8,000
• Lost Wages: $4,000 (current) + $2,000 (future) = $6,000
• Pain and Suffering: (Economic Damages: $29,000) x 2 (multiplier) = $58,000

Total Damages: $15,000 (medical) + $8,000 (property) + $6,000 (lost wages) + $58,000 (pain and suffering) = $87,000

Call a New Jersey Car Accident Attorney

If you or someone you know has suffered any type of injury in a motorcycle accident caused by the reckless or negligent actions of another party, an experienced New Jersey motorcycle accident attorney can help. Call Beninato & Matrafajlo Attorneys at Law, LLC at 908-355-7100 to schedule a free, complimentary consultation with our legal team today.