May 192014
 

When NJ drivers/passengers are injured in car accidents in Cherry Hill, Marlton or Camden, they may contemplate bringing car accident lawsuits in New Jersey against the at fault drivers.

In a NJ car accident lawsuit, the plaintiff or injured party may recover the following:

  • past/future medical expenses,
  • lost wages,
  • out of pocket expenses, and/or
  • pain and suffering.

Most injured car accident victims in NJ want to know the value of their case when they are deciding whether or not they want to bring a lawsuit. They want to know how much they can recover for medical expenses or pain and suffering.

Unfortunately, we can’t tell you how much a NJ car accident lawsuit is worth without knowing all of the facts and circumstances unique to a given case. In fact, no one can tell you that off the bat. However, there are factors that may affect the value of a car accident lawsuit after a car accident lawsuit is filed.

Medical Treatment and Records

One of the factors that affect the value of a car accident injury lawsuit is medical evidence, i.e., medical treatment/records and medical expert report/testimony.

Medical treatment records document all of the injured party’s treatments related to the injuries sustained in the car accident. They also contain all of the complaints/symptoms an injured individual reports to his doctor.

Therefore, it is important for an injured car accident victim to follow his doctors’ medical advice to make sure all of the treatments are fully documented. In addition, it is important to note that failure to follow medical advice can negatively impact the value of a case.

An injured individual may have a herniated disc in his back as a result of a rear-end car accident that happened in Cherry Hill, NJ. He is ordered by his orthopedic doctor to get physical therapy 3 times a week. In addition, if the pain does not improve in his back, he may need to get cortisone shots in his back to alleviate the pain.

However, the individual decides that 3 times a week is too much of an inconvenience, and he doesn’t want to go that much. He only goes once every other week and lives with the pain in his back.

He goes back to the orthopedic doctor for a follow-up after 3 months and still complains about the pain in his back. The orthopedic doctor tells him he needs physical therapy, but he again, decides it is too much of an inconvenience.

Subsequently, he files a NJ car accident lawsuit against the negligent driver and claims that he has a herniated disc in his back which is causing him great pain.

However, because he only sought treatment with the physical therapist a few times after the accident, the value of his case is significantly affected.

He can testify about the excruciating pain in his back, but his testimony is not supported by any medical evidence. Therefore, the value of his pain and suffering is going to be significantly decreased.

Click here to see part 2 of the article which discusses how your daily activities before and after the accident also affect the value of your NJ car accident case.

If you were in a car accident in Cherry Hill, Marlton or other parts of South Jersey, call Philip T. Ciprietti, Esq. to schedule a FREE consultation at 800-281-8695. Mr. Ciprietti is an experienced personal injury lawyer who has helped injured victims for over 35 years.