I was injured in a car accident... How much compensation can I expect for this level of injury?" This is a common question asked by victims of traffic accidents, falls, workplace injuries, and other unexpected incidents that result in injury. Naturally, those who have suffered injuries will be curious about the compensation they may be entitled to as they undergo treatment. To put it simply, there is no "approximate compensation amount" that can be determined based solely on the severity of the injury. The reason is that it is impossible to quantify a victim's social, psychological, and physical injuries in dollar amounts based solely on the type of injury sustained.

For example, consider two victims who sustained brain injuries in a traffic accident caused by a driver's negligence while riding their bicycles. All circumstances are the same, but one victim is a 10-year-old child, while the other is an 80-year-old senior. The determination of what constitutes reasonable compensation for these two victims will ultimately be made by a jury, and the criteria for that decision will include factors such as age (how many days the victim has left to live with the injury), occupation, education, standard of living, and health status. After considering these factors, if a financial compensation agreement is reached, that amount will be deemed the "compensation."

Thus, while I cannot provide a specific answer to the question of "how much" regarding general compensation amounts, understanding the factors that influence the calculation of injury compensation can help clarify whether the compensation amount will be high or low. So, what conditions must be met for a case to qualify for injury compensation?

A Brief Understanding of Civil Lawsuits for Accident Injuries

First, for a case to qualify for injury compensation, the injured party, known as the plaintiff (P), must file a complaint. The person who caused the injury is referred to as the defendant (D), and the civil lawsuit for accident injuries involves P seeking monetary compensation from D due to P's injuries caused by D's negligence. Since P is the one filing the complaint and seeking compensation, P must prove (1) that D was negligent, (2) that P was injured due to D's negligence, and (3) that there is a causal relationship between D's negligence and P's injury. If negligence is not proven, or if negligence is proven but the causal relationship between that negligence and P's injury is not established, there will be no basis for compensation. Additionally, even if D's negligence is proven, if it did not result in an injury, there will be no grounds for monetary compensation. For example, if P's car stops at an intersection and is hit from behind by another vehicle two seconds later, resulting in damage to the car's bumper but no injuries to P, P can claim repair costs through insurance, but there will be no monetary compensation for injuries since none occurred.

"Damages" Referring to Monetary Compensation for Injuries

If D's negligence and the resulting injury have been proven, the next step is to proceed with a civil lawsuit seeking compensation for the injury. The calculation of "damages" involves converting the pain and suffering that victims have experienced and will continue to experience into dollar amounts.

• Current and future medical expenses, including hospital stays, ongoing treatment, rehabilitation costs, and anticipated future medical expenses.

• Loss of wages due to inability to work as a result of the accident, as well as the monetary value of any limitations on future work due to the injury.

• Property damage resulting from the accident (e.g., car repair costs) and claims for damage to other personal belongings.

• Loss of enjoyment in daily activities, recreation, hobbies, and exercise.

• Physical pain from injuries and ongoing emotional trauma, including both physical and emotional suffering resulting from the accident.

• Psychological impacts of the injury, such as anxiety, sleep loss, or fear.

• Economic and psychological damages suffered by surviving family members in the event of the victim's death due to the accident.

The dollar amount assigned to these damages can vary widely based on the individual circumstances of the victim at the time of the accident, as illustrated by the example of the 10-year-old child and the 80-year-old senior. However, it is important to note that in New Jersey, there is no cap on compensation for damages. This means that as long as the monetary value of the losses can be proven, the total amount of damages can be recovered.

After an accident, unfortunately, one cannot return to their pre-accident life. Therefore, the law provides for compensation for accident injury victims through what is known as "Compensatory Damages." By understanding the basic explanation of civil lawsuits and the damages included in compensation calculations, victims should seek at least minimal compensation for the changes in their lives caused by another's negligence. (It is worth noting that many cases settle before going to trial, but this article assumes a situation where the case proceeds to trial to aid in understanding the general civil lawsuit process and compensation calculations.)

Written by Attorney Hwang Eun-mi

Specializing in Accident Injuries (including bus/truck accidents)

New York/New Jersey

201 Columbia Avenue, Fort Lee, New Jersey 07024

☎ 201-585-9111

ehwang@mdltriallawyers.com