If you or someone you love suffers a personal injury due to another’s negligence, you may be entitled to monetary compensation. The compensation amount, called damages, helps pay for accident-related expenses.
In New Jersey, special damages are the most common type of damage awarded in court. Discover what special damages are and when you can sue for this type of compensatory reward.
What are Special Damages?
Special damages are intended to compensate you for the quantitative costs of your personal injury. In other words, special damages, also known as actual compensatory damages, are awarded based on the actual calculable costs incurred due to your accident.
Examples of special damages may include:
- Medical bills
- Property damage
- Lost wages – past and future
- Childcare costs
- Rehabilitation expenses
When Can You Sue for Special Damages?
If you or a loved one sufefrs a personal injury due to another’s negligence, you can likely sue for special damages. To win special damages, you must prove the other party’s negligent behavior directly caused your injury and incurred expenses. If you work with experienced counsel who can prove this direct causation, you stand a good chance of winning special damages in your case.
There is no cap on special damages in New Jersey, so you can be awarded the full amount no matter how high your expenses are. However, New Jersey does follow the legal principles of contributory negligence and modified comparative negligence doctrines in personal injury cases.
These doctrines state that the court must base your compensation on the percentage of responsibility you hold for your injuries. Additionally, if the court finds you more than 50% responsible for your injuries, you are ineligible to receive compensation.
Other Types of Damages
In New Jersey, you may also qualify for general damages. General damages are intended to compensate you for non-quantifiable expenses, such as pain and suffering, mental anguish or pain, or loss of satisfaction of life. These damages are more difficult to predict but can be quite significant.
Schedule Your Free Consultation
Suffering a personal injury due to someone else’s negligence can leave you with expensive medical bills and lost income due to missed work. Work with a personal injury lawyer in NJ to pursue special damages in your case. An attorney can help you regain financial security and hold the responsible party accountable for their negligence. Schedule your free attorney consultation today.