Lee Law Firm logo
(973) 315-9080

Hablamos Español!

Winning a Personal Injury Lawsuit – Part Three

Personal Injury Claims
November 5, 2018
By
Lee Law Firm , LLC

The Requirement of Actual Loss

In the first two blogs in this series, we looked at the elements of a personal injury claimed based on negligence and went into greater detail about the first two: the breach of the duty of care, and the demonstration of a causal link between the breach and the accident. However, you can successfully prove that the defendant failed to act as a reasonable person would, prove that the failure caused an accident (in which you were involved), but still fail to recover any monetary compensation, if you are unable to show that you suffered any actual loss.

What Is Actual Loss?

The purpose of most damage awards is to compensate the injured party for any losses suffered, an attempt to put them back in the position they were in before the accident. That necessarily requires that the party seeking compensation be in a different position that before the accident. That may involve the loss of property, the payment of medical expenses, the loss of wages, or the physical pain and suffering of the injured person. But what if you haven’t actually incurred any type of loss?

Let’s look at some examples:

  • Suppose you were hurt in a car accident, but your health insurance company paid all your medical expenses (with no deductible). Because you didn’t have to pay them out of your own pocket or resources, you are not in a different position and cannot recover damages from the defendant for your medical expenses. That does not mean, however, that you can’t recover monetarily for pain and suffering or loss of enjoyment of life, if your injury prevents you from engaging in activities that you love.
  • Suppose you were in a car accident, but the car you were driving had no fair market value (or its fair market value was not changed by the accident). If the value of the car is the same after the accident as before the accident, you haven’t suffered a loss (in the value of the car).

Contact Our Office

At Lee Law Firm, we have extensive knowledge and experience successfully handling personal injury claims. We take all personal injury cases on a contingency basis—you won’t pay any attorney fees unless we recover compensation for your losses.

Call us at 973-315-9080 or contact us online to schedule an appointment. We are available to meet with you evenings and weekends, if necessary. We welcome all major credit cards. ¡Nosotros hablamos español!

Related Blog Post

drunk driving safety

How Do You Keep Toddlers Safe at Playgrounds?

August 24, 2018
By
Lee Law Firm , LLC
Premises Liability
When you take your toddlers to a playground in New Jersey, you usually do not think they will get hurt as they play. Young children may easily incur an injury on a public playground, though, and it is important to know what you can do to keep your child safe. There are many ways a […]
tripping on snowy stairs

Slips, Trips, and Falls in Snowy and Icy Conditions in New Jersey

November 29, 2019
By
Lee Law Firm , LLC
Slip And Fall Injuries
The Duties of Property Owners in New Jersey’s Winter Weather In New Jersey, as in all states, a residential or commercial property owner has a duty to reasonably monitor and maintain the premises in a way that minimizes the risk of injury to anyone legally on the property. How does that apply when a person […]
personal injury lawsuit

What Defense Can You Expect in a NJ Personal Injury Lawsuit?

August 17, 2022
By
Lee Law Firm , LLC
New Jersey Personal Injury Claims
How Will a Defendant Try to Dispute Your Claim? When you’ve been injured because of someone else’s wrongful act, proving your case can often appear to be cut and dried. There are, however, a number of defenses that the at-fault party may raise to try to defeat or reduce your recovery. You Had Some Degree […]

PROUDLY SERVING THE STATE OF NEW JERSEY

Email us using this contact form and we will quickly reach back out with answers.

lee law firm Springfield map

SPRINGFIELD OFFICE

150 Morris Ave. Suite 202 
Springfield, NJ 07081
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

NEWARK OFFICE

600 Mt. Prospect Avenue
Newark, NJ, 07104
 (973) 315-9080
(973) 315-9081
GET DIRECTIONS

SERVING AREAS

Springfield
Elizabeth
East Orange
Perth Amboy
Essex County
Passaic County
Bergen County
Hunterdon & Somerset County
Newark
Clifton
Plainfield
Jersey City
Union County
Middlesex County
Hudson County
Monmouth County
© 2024 Lee Law Firm, LLC . All Rights Reserved. Terms & Conditions | Privacy Policy
Powered By: