How to Determine What Your Personal Injury Case is Worth in New Jersey

When you or someone you love suffers a catastrophic injury in an accident, the aftermath can be overwhelming. You may be facing physical pain, emotional trauma, mounting medical bills, lost wages, and an uncertain future. One of the most common we hear from our clients is: “How much is my personal injury case worth?” 

It’s a fair question, but the answer is complex. In New Jersey, the value of a personal injury case depends on many things. That’s why it’s important to work with a personal injury law firm. Our attorneys will not only protect your rights, we can also fight to get you the maximum compensation for your injuries. 

What Determines the Value of a Personal Injury Case in New Jersey?

Every case is unique, and circumstances will change your verdict or settlement. Some of the things that can impact what your case may be worth include:

1. The Severity and Type of Injury

In general, the more serious the injury is, the higher the potential value of your claim. Catastrophic injuries like traumatic brain injuries, spinal cord damage, amputations, or permanent disability typically result in significantly larger settlements or verdicts than minor soft-tissue injuries. 

Courts and insurers consider whether your injury is permanent or will lead to long-term limitations, whether surgery or multiple medical interventions were required, and the extent to which your injury affects your ability to work or care for yourself.

2. Your Medical Expenses (Past and Future)

Catastrophic injuries often lead to lifelong medical costs, making them one of the most significant parts of any personal injury claim. You could be compensated for the expected costs that include: 

• Hospital and ER bills 
• Surgery, medication, and rehabilitation 
• In-home care or medical equipment 
• Ongoing treatment or therapy you’ll need for years to come 

We work with medical experts as expert witnesses to project long-term costs and include them in your lawsuit, helping you get the money you will need to care for yourself and your family in the long run.

3. Lost Wages and Loss of Earning Capacity

If your injury prevents you from working—either temporarily or permanently—you’re entitled to recover lost income, up to and including wages lost during your initial recovery, missed promotions or bonuses, and the reduced earning potential you’ll have should you not be able to return to your former job or career. 

For severely injured people, loss of earning capacity over a lifetime can amount to hundreds of thousands or even millions of dollars.

4. Pain and Suffering

Pain and suffering can include the physical pain and emotional distress caused by your injuries. This can manifest as: 

• Chronic pain 
• Depression or anxiety 
• Loss of enjoyment of life 
• PTSD or sleep disorders 

In New Jersey, there is no fixed formula for calculating pain and suffering. Factors like the type of injury, duration of treatment, impact on daily life, and your personal testimony will all influence this part of your claim. 

In more severe cases, spouses or family members may also be entitled to compensation for the loss of love, affection, sexual intimacy, and shared activities. This is known as loss of consortium. These non-economic damages can be influential in a verdict or settlement should an injury deeply alter a person’s relationships.

Is There a Cap on Personal Injury Settlements or Verdicts in New Jersey?

New Jersey does not have a cap on compensatory damages in personal injury cases. However, punitive damages that are designed to punish reckless or intentional misconduct are capped in New Jersey. Under state law, punitive damages are limited to $350,000 or five times the compensatory damages, whichever is greater (N.J. Stat. § 2A:15-5.14). 

For most people injured due to negligence (such as in car crashes, slips and falls, or defective product cases), compensatory damages will make up the bulk of any settlement or verdict.

Other Factors That Can Affect the Value of Your Case 

Liability and Fault

New Jersey follows a modified comparative negligence rule. If you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover damages at all. 

Proving that the other party was fully or mostly responsible is key to maximizing your compensation.

Insurance Coverage Limits

Sometimes, the value of your claim is limited by the at-fault party’s insurance policy. In auto accident cases, for example, if the driver only carries the state minimum coverage, your ability to collect may be limited unless there are additional assets or umbrella policies. 

Your attorney may explore other liable parties (such as employers, manufacturers, or government agencies) to uncover additional coverage.

Documentation and Evidence

Well-documented injuries, consistent medical treatment, and strong evidence of damages increase the value of your case. On the other hand, delays in treatment, inconsistent statements, or gaps in care can hurt your credibility and reduce potential compensation.

Our Personal Injury Attorneys Can Help Maximize Your Case Value

At Eichen Crutchlow Zaslow, we’ll help you build a case, gather evidence, and push back against insurers who try to minimize your losses. We can help: 

• Investigate your accident and determine all liable parties 
• Work with medical and financial experts to calculate full damages 
• Handle negotiations with insurance companies 
• Take your case to trial if a fair settlement isn’t offered

Know Your Worth. Don’t Settle for Less. 

If you or a loved one has suffered a catastrophic injury in New Jersey, you’re not alone. We can help you understand what your case is truly worth and hold the right people accountable. Our personal injury lawyers help individuals and families throughout New Jersey navigate the complexities of serious personal injury cases. We understand what’s at stake, and we’re here to fight for every dollar you’re owed. Contact us today for a free consultation.