What Damages Can You Claim in Personal Injury Cases in New York?
If you have been injured in an accident caused by someone else’s negligence in New York, you may wonder what damages you can claim in a personal injury case. The good news is that New York law compensates for various damages, including medical expenses, lost wages, pain and suffering, and emotional distress.
Below, we will provide you with a comprehensive guide to the damages you can claim in personal injury cases in New York so that you can better understand your legal rights and options.
The Types of Damages You Can Collect
In personal injury cases, damages are categorized into economic and non-economic.
When filing a personal injury claim, economic damages are a key factor determining the amount of compensation a plaintiff can receive. Economic damages are essentially any financial losses that can be attributed to the accident. This includes medical bills and expenses, both immediate and future, lost wages from time off work, and property damage.
These damages are quantifiable and must be supported by specific evidence and calculations. The more detailed and specific a victim can be with the estimated costs of the accident, the higher their chances of recovering that amount. To make your case even better, the NYC personal injury attorneys at Shulman & Hill may be able to help calculate these economic damages.
On the other hand, non-economic damages can often make up a significant portion. These damages are more difficult to quantify than economic damages like medical bills and lost wages, but they are no less important.
Noneconomic damages attempt to compensate the victim for the intangible losses they have experienced due to the injury. For example, pain and suffering can include physical discomfort and emotional distress like anxiety, fear, and depression. Loss of enjoyment of life refers to the diminished ability to participate in hobbies, social events, and other activities that were once enjoyed.
Scarring or permanent loss of limbs can also be devastating, not only because it may limit physical abilities but because it may also cause emotional distress or negatively impact an individual’s self-esteem. The goal of noneconomic damages is to provide the victim with fair compensation for how the injury has affected their lives.
Punitive Damages in New York
In personal injury claims, the damages available also depend on the responsible party’s conduct. Punitive damages are intended to punish the person who caused harm, acting as a deterrent to prevent others from behaving in such a manner in the future. Whether or not punitive damages are appropriate will depend on whether the defendant acted intentionally, in a dangerously reckless manner, or with extreme disregard for the safety of others.
Some examples of such behavior may include driving under the influence of drugs or alcohol, intentionally creating hazards that result in harm, or other such actions that show an intentional disregard for others’ safety. Juries can double or triple the damage award if a defendant has been found to have acted particularly egregious. This serves as a powerful message to deter similarly reckless and dangerous behavior that may harm others in the future.
What Factors Affect the Amount You Are Compensated?
Numerous factors come into play when determining the amount of compensation you should receive. These include the severity of the injury, the length of recovery time, the fault of the responsible party, and available insurance coverage.
The amount awarded to the plaintiff or agreed upon in a settlement will be proportionate to the level of physical damage sustained. Serious injuries such as losing a limb, permanent scarring, nerve damage resulting in persistent pain, or mental anguish can all increase the settlement amount. In some cases, recovery amounts can range from several hundred thousand dollars to even millions of dollars.
Such compensation aims to help the plaintiff recover from these injuries and maintain their standard of living. Remember that while monetary compensation can never replace good health, it can still help alleviate some of the financial burdens of medical bills and lost income.
Move Forward With Your Personal Injury Claim Today
If you have suffered a personal injury and believe you have a valid compensation claim, do not hesitate to take action. Time limits apply to bringing a claim, so acting quickly to protect your legal rights is crucial.
Many opt for an experienced personal injury lawyer who can guide you through the claims process and help you achieve the best possible outcome. With their help, you can obtain the compensation you deserve for your losses, whether they are financial, physical, or emotional.