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Permanent Injuries In New Jersey Personal Injury Cases: Determining The Value And Gathering Evidence

permanent injuries in new jersey personal injury cases

In this article, you can discover:

  • What is considered a permanent injury in New Jersey personal injury law
  • What medical evidence is needed to prove permanent injury in a personal injury case
  • How the value of a permanent injury is determined in a personal injury settlement

What Is Considered A Permanent Injury Under New Jersey Personal Injury Law?

In a legal setting, it is often necessary for a doctor to provide testimony about a person’s injuries. This may be the case if the person has suffered a permanent injury, such as a serious fracture in their leg that causes them to walk with crutches. In this situation, the doctor may need to testify about their opinion on the future impact of the injury.

Expert witnesses, including doctors, are the only individuals who are allowed to give their opinions in litigation. When providing an opinion, the doctor must do so to a “reasonable degree” and with a “reasonable degree of medical probability.”

This means that they do not have to be 100% sure about the outcome of the injury, but rather that it is more likely than not that a certain result will occur. For example, if a doctor believes that it is at least slightly more than 50% likely that a person’s injury will lead to ongoing problems, they can testify to this in court.

What Medical Evidence Do I Need To Prove Permanent Injury In My Personal Injury Case?

In order to provide an opinion on a person’s injuries, a doctor must thoroughly review all relevant medical records, including x-rays and MRIs. If the person is still alive, the doctor will also examine them in person using his medical expertise. Based on this information, the doctor can determine whether or not the person has suffered a permanent injury.

The doctor may also provide an opinion on the future impact of the injury, including whether it is likely to worsen over time. It is common for certain types of injuries to become more debilitating as a person ages, and the doctor may be able to provide insight into this potential outcome based on his medical knowledge and expertise.

How Is The Value Of The Permanent Injury Determined In A Personal Injury Settlement?

In cases where a person has suffered a head injury and is unable to work, several expert witnesses may be called upon to provide testimony. A doctor may testify that the person is unable to work due to their injury, and tax returns may be presented as evidence of the person’s past earnings.

Additionally, an economist may also be called upon to calculate the person’s economic loss over a given period of time, such as the number of years they would have worked before reaching retirement age. This figure is often presented as a lump sum, or present value, based on the person’s expected earnings and the number of years they would have worked.

A person may also be able to seek damages for pain and suffering, disability, impairment, and loss of enjoyment of life. These types of damages are typically determined by the jury and are not based on a set formula or calculation. Instead, the jury must consider the specifics of the case and come up with an appropriate figure based on the evidence presented.

With the guidance of a skilled attorney for Permanent Injury Cases, you can have the peace of mind that comes with knowing that your case is being handled by a lawyer with the required background, knowledge and experience to get you the maximum result. For more information on Permanent Injuries Case Law in New Jersey, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (973) 204-6573 today.

 

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