Personal injury cases typically involve negligence, which occurs when someone has a legal duty to act with care, fails to do so, and causes an injury. After being injured in an accident caused by negligence, damages refer to the financial compensation the victim can recover from the at-fault party for their careless or wrongful actions. The available damages in a personal injury case depend on the nature of the injury, the related expenses, and the overall impact on the person’s life.
At Shulman & Hill, our attorneys carefully identify and calculate all damages to include in your insurance claim or lawsuit against the liable party. Our goal is to help you seek justice for what happened by demanding the full value of their damages. Call (212) 221-1000 or contact us online for a free consultation. We can discuss your legal options and what compensation is available after an accident in New York.
What are Damages in a Personal Injury Case?
Damages in a personal injury case compensate the victim for the expenses and losses they experienced. This includes the actual financial effects of the accident and their injuries, as well as intangible losses. There are generally two types of damages a victim may be able to recover through an insurance settlement or court award. They include:
Economic Damages in a Personal Injury Case
The economic damages in a personal injury case come from the financial expenses and losses experienced. This compensation includes medical care and related costs, income losses, and miscellaneous expenses necessary because of the injuries or treatment. In many cases, victims may seek compensation for both current and future economic damages.
Non-Economic Damages in a Personal Injury Case
Non-economic damages are the intangible losses injured victims experience. They are commonly known as “pain and suffering.” They do not have a direct economic value, but our personal injury lawyers know how to establish their potential value for these cases.
Punitive Damages
While not available in every case, punitive damages are meant to punish the defendant for particularly egregious behavior or malicious conduct that led to the accident and injuries. If the defendant showed a willful disregard for your safety, a judge may order punitive damages to deter the same behavior in the future.
Punitive damages are different from economic and non-economic damages because they do not compensate the victim for their losses. Your personal injury attorney must show the court with clear and convincing evidence that the defendant had a complete disregard for your safety or well-being for punitive damages to be considered.
Wrongful Death Damages
In some cases, negligence can lead to the death of the victim. When a family loses a loved one due to someone else’s actions, a personal representative of the deceased person’s estate can file a wrongful death action to recover damages. The personal representative acts on behalf of the beneficiaries, who are typically the surviving family members of the victim.
Damages available in New York wrongful death claims include the economic and non-economic damages the victim could have recovered if they had lived. However, additional damages are available, including funeral expenses, lost inheritance, lost future financial support, and the loss of guidance for surviving children.
Are Economic and Non-Economic Damages Available in Every Case?
In most personal injury cases in New York, both economic and non-economic damages are available to the victim. The types of damages you may include in your insurance claim or lawsuit will depend on the unique circumstances of your case.
However, there are notable differences between auto accident claims in New York and other personal injury claims, such as those involving slip and fall accidents, construction accidents, or dog bites.
Because New York is a no-fault state, car accident victims must file a claim with their own insurance company to recover damages—even when the other driver is 100% at fault for the crash and resulting losses. However, no-fault insurance coverage only pays for medical bills and lost wages up to $50,000 and does not cover non-economic damages.
Serious Injury Threshold in New York Auto Accident Cases
If you were injured in a New York car accident, you may qualify to file a lawsuit and recover non-economic damages if you meet the serious injury threshold. Under New York law, a serious bodily injury must meet one of these criteria:
- Death
- Dismemberment
- Significant disfigurement
- A bone fracture
- Loss of a fetus
- Permanent loss of use of a body part or system
- Permanent and consequential limitation of the use of a body part
- Significant limitation of the use of a body function or system
- A medically determined non-permanent injury that prevents the victim from performing daily activities for at least 90 out of the 180 days after the accident
Sustaining one of these injuries or having financial losses that exceed the $50,000 policy limit allows the victim to take legal action and claim the full extent of their economic and non-economic damages. New York’s three-year statute of limitations for personal injuries will apply in these cases.
How Do I Know How Much My Personal Injury Case Might Be Worth?
There is no way to know how much a successful case might be worth until gathering evidence and taking other steps to understand the damages. This documentation may include:
- Medical bills
- Tax paperwork and other documents to show income losses
- Receipts for related expenses
- Testimony from experts about prognosis and future care needs
Your attorney may use the documentation of your expenses and losses to decide how much to demand from the insurer and indicate when to recommend accepting a settlement offer. They may also present this evidence to the judge and jury at trial to document the damages.
There are no guarantees in a personal injury case. No one can tell you how much money you will recover—or promise compensation at all—and you should not work with any lawyer who makes this promise.
How Do I Recover Fair Compensation in a Personal Injury Case?
Fair compensation takes into account the extent of your damages, including your financial losses, how the injury will affect your future, and the emotional toll the accident had on you. If the insurance company does not make an offer that accurately reflects all your losses, you could be leaving available compensation on the table.
To recover fair compensation after an accident, you will need strong evidence to support your case. An injury attorney can handle this on your behalf, gathering crucial evidence, calculating the value of your damages, negotiating a settlement, or taking your case to trial.
Insurers may use unfair tactics to limit your payout, such as shifting blame to you. Under New York’s comparative negligence law, the award you receive is reduced by the amount of fault you share for your injuries. An attorney will protect you from unfair treatment and fight for the full compensation you deserve.
Discuss Your Personal Injury With Our Team Today in a Free Consultation
Shulman & Hill may be able to help you pursue damages if you suffered injuries in a personal injury accident. We build cases against the careless and reckless parties who hurt our clients and seek fair compensation on their behalf.
Learn more today with a free initial consultation with our team. Because we take personal injury cases on contingency, we only get paid if we recover compensation for you. Call (212) 221-1000 to get started.
