Detailed Answer
Disclaimer: This information is for educational purposes only and does not constitute legal advice.
1. Understand Travel Expenses as Special Damages
In a New Jersey personal injury claim, out-of-pocket travel costs to receive medical treatment qualify as special damages. Courts allow you to recover only those expenses that are reasonable, necessary, and directly related to your injury. See N.J. Court Rule 4:25-1 (Special Damages) for requirements on documenting these costs: njcourts.gov/rules/r4-25.
2. Track Every Trip
- Keep a contemporaneous mileage log. Record date, starting point, destination, purpose, and round-trip miles.
- Retain receipts for tolls, parking, rideshare fares, taxi or public transit tickets.
- Keep appointment confirmations or medical provider invoices to link each trip to necessary treatment.
3. Calculate Reimbursement Rates
New Jersey has no fixed state rate for personal injury claims. Many practitioners use the IRS standard mileage rate (e.g., 65.5 cents per mile for 2023). Alternatively, actual costs for public transit, parking, tolls, and rideshares can be claimed with proper receipts.
4. Include Expenses in Pleadings and Discovery
When you file your complaint, mention that you seek all reasonable special damages, including travel expenses. During discovery, produce your mileage logs and receipts in response to interrogatories and document requests. Under N.J. Ct. R. 4:10, parties must disclose all documents supporting special damages.
5. Prepare a Damage Summary
Prepare a schedule summarizing each trip. A sample table may look like this:
| Date | Provider | Mileage | Rate | Parking/Tolls | Total |
|---|---|---|---|---|---|
| Jan 10, 2023 | Orthopedist | 30 miles | $0.655 | $5.00 | $24.65 |
6. Negotiate or Litigate
In settlement negotiations, submit your damage summary and supporting records as part of your demand package. If the case proceeds to trial, introduce your summary through witness testimony and exhibit your logs and receipts. Ensure compliance with N.J. Ct. R. 4:25-1 for special damage evidence.
Helpful Hints
- Start your mileage log immediately after the accident.
- Digitize receipts and logs to avoid loss or damage.
- Use a spreadsheet or dedicated app to calculate totals automatically.
- Confirm appointment dates with provider statements to link each trip.
- Discuss your travel reimbursement strategy with your attorney early in the case.