What Is a Permanent Injury and How Does It Impact Your New Jersey Accident Claim?

In New Jersey, personal injury claims follow specific rules that govern how individuals can seek compensation after an accident. While many personal injury cases settle without complications, those involving permanent injuries often lead to more complex legal considerations. This blog post will explore what constitutes a permanent injury under New Jersey law, how such an injury impacts your compensation claim, and what steps you should take to strengthen your case.

Defining a Permanent Injury in New Jersey

Under New Jersey law, a permanent injury is defined as an injury that does not improve with medical treatment over time and is expected to cause long-term or lifelong consequences. Examples of permanent injuries include, but are not limited to:

• Loss of a limb
• Paralysis
• Permanent nerve damage
• Traumatic brain injury
• Severe scarring or disfigurement
• Chronic pain that significantly impacts quality of life

To claim a permanent injury in New Jersey, the law typically requires medical documentation from a licensed physician verifying that the injury is not expected to improve with further medical treatment.

The Legal Implications of a Permanent Injury

When an injury is classified as permanent, the stakes in a personal injury claim rise significantly. Permanent injuries often lead to higher compensation awards because they result in long-term pain, suffering, and reduced quality of life. They may also incur significant medical costs for ongoing treatments, physical therapy, and adaptive equipment like wheelchairs or prosthetics.

Additionally, permanent injuries may limit a person’s ability to work or result in a complete loss of income. This aspect is referred to as “loss of earning capacity” and is a crucial part of calculating damages in cases involving permanent injuries.

How New Jersey’s Comparative Negligence Laws Apply

New Jersey follows a modified comparative negligence rule, which can impact the compensation you receive after an accident. If you are partially at fault, your compensation is reduced by your percentage of fault. For instance, if you’re found 20% at fault, your compensation will be reduced by 20%. However, if your fault exceeds 50%, you may be barred from receiving any compensation. This legal principle is critical for cases involving permanent injuries, as it can significantly affect the final settlement amount.

To navigate these complex laws, partnering with a personal injury attorney can help minimize any finding of fault and protect your claim’s value. The attorney will work to present a robust case, ensuring all evidence supports your injury claim and reducing your potential liability percentage.

How Permanent Injury Impacts Compensation

A personal injury claim in New Jersey involving a permanent injury may include several types of damages, which are forms of compensation intended to make the victim “whole” after an accident. These damages can be economic or non-economic in nature, and understanding how they are calculated is crucial for building a strong claim.

Medical Expenses

The most immediate concern after any accident is medical treatment. For permanent injuries, ongoing medical expenses become a significant factor. Treatments such as surgeries, rehabilitation, medication, and assistive devices like wheelchairs or prosthetics can all be considered when calculating the settlement value. These costs typically cover both past and future medical bills related to the injury.

Lost Wages and Loss of Earning Capacity

Permanent injuries often result in time off work or a complete inability to return to previous employment. Lost wages cover the time you have already missed from work, while loss of earning capacity addresses your diminished ability to earn income in the future. In cases of severe permanent injury, this could mean compensation for a lifetime of lost wages.

Pain and Suffering

Non-economic damages for pain and suffering are often significant in cases of permanent injury. These damages compensate for the physical pain, emotional distress, and reduced quality of life you experience due to the injury. In New Jersey, pain and suffering can make up a large portion of a personal injury claim, particularly when the injury is expected to last indefinitely.

Disfigurement and Loss of Enjoyment of Life

Permanent injuries that result in disfigurement or permanent disability can severely impact a person’s ability to enjoy everyday activities. Damages for loss of enjoyment of life compensate victims for the inability to participate in hobbies, recreational activities, or other pursuits that brought joy before the injury. Disfigurement, especially visible scars or amputations, may also result in additional compensation.

Proving a Permanent Injury in New Jersey

To successfully claim compensation for a permanent injury, providing strong evidence is crucial. This includes:

• Medical Documentation: You will need comprehensive medical records that outline the extent of your injuries and the prognosis for recovery. Your doctor may also need to testify or provide an expert opinion stating that your condition is permanent and not expected to improve with further treatment.
• Expert Testimony: In some cases, your attorney may bring in expert witnesses to testify about how your injury impacts your life and your ability to work. These experts can provide invaluable support for your claim, helping to increase the likelihood of a favorable outcome.

• Witness Statements: In addition to expert testimony, statements from family members, coworkers, or others who have witnessed the effects of your injury can help strengthen your case. These individuals can provide first-hand accounts of how your life has changed due to the injury.
• Accident Reports and Photos: If available, photos from the accident scene, police reports, and any other documentation that establishes the cause of your injury should be included in your claim. This information will help your attorney establish fault and liability in the case.

Steps to Take After Suffering a Permanent Injury

If you believe your injury may be permanent, it is important to take the right steps to preserve your claim. These include:

Seek Immediate Medical Attention

Always seek immediate medical care after an accident, even if the injury seems minor at first. Follow your doctor’s recommendations for treatment and attend all follow-up appointments.

Consult with a Personal Injury Attorney

Working with an experienced personal injury attorney is crucial in permanent injury cases. An attorney will help you navigate the complexities of New Jersey’s personal injury laws and ensure you receive fair compensation for your injuries.

Keep Detailed Records

Keep track of all medical bills, receipts for treatments, and any lost wages due to time off work. Documentation will be critical when calculating your compensation.

Don’t Settle Too Early

It may be tempting to accept a quick settlement, but settling before understanding the full scope of your injury could result in inadequate compensation. Your attorney will advise you on the best timing for settlement negotiations.

Understanding Your Rights in a Permanent Injury Claim

In New Jersey, permanent injury claims are more complex and often result in higher compensation due to the long-term impact on victims’ lives. By understanding what constitutes a permanent injury, the types of compensation available, and how to build a strong case, you can protect your rights and secure the financial recovery you need to move forward after an accident.

For personalized legal assistance with a permanent injury claim, consider contacting the experienced attorneys at CourtLaw to schedule a consultation.

Need Legal Help After an Injury? Schedule a Free Consultation with CourtLaw

If you or a loved one has suffered a serious injury in New Jersey, don’t wait to get the legal help you need. At CourtLaw, our experienced attorneys are dedicated to helping accident victims in Woodbridge, Old Bridge, New Brunswick, and throughout New Jersey. We handle cases involving car accidents, catastrophic injuries, and personal injury claims. Contact our team today for a free consultation to discuss how we can assist you in pursuing fair compensation for your injuries.

Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.