Losses incurred due to a personal injury extend beyond the cost of medical care. Individuals are also entitled to economic and non-economic losses, referred to as compensatory damages under New York law.
Many factors, including the accident and the extent of the injuries, will impact what damages you can recover. This compensation is also affected by legal hurdles and negotiating tactics. We will offer further information about compensatory damages in New York in the following article.
Compensatory Damages In New York Personal Injury Cases
Compensatory damages is there to make an injury victim "whole" in a personal injury case. These damages are split into two types: general and special. Even if there is no obvious monetary value, this will need to be proven.
In contrast to actual monetary losses, general damages are intangible losses. They are available in most personal injury cases in New York. Since New York is a no-fault state, general damages are not recoverable unless the injuries sustained are considered "serious" under state law. They can still be claimed in cases where the accident was not caused by a motor vehicle accident, such as an incident where an employee suffers an accident on the job. These damages could be:
Some of these damages may be difficult to place an exact value on, but if you've retained an NY personal injury attorney, they will help you calculate the damages you are entitled to.
The special damages estimate is the starting point for the calculation, and a multiplier is applied based on the specifics of the case. Both insurers and defense attorneys will attempt to underestimate the value of such claims. This is why retaining legal counsel is important.
Because special damages carry straightforward numbers, calculating them are simplified. Examples of special damages include:
- Medical costs: past and future
- Lost income: past and future
- Other losses
- Property damage
Medical records, invoices and receipts can be used as evidence of monetary losses. Evidence for future damages, such as papers records necessary medical care, wage estimates, and expert testimony about how much money the accident will cost in the future, may also be required.
Punitive damages are not compensatory and are not awarded to recover losses the victim has suffered. Instead, the wrongdoer is hit with punitive damages as a way to punish them if they had intentionally caused harm or were grossly negligent.
Punitive damages are rarely awarded, but instead, used in the most extreme situations. However, when awarded, they can greatly impact a verdict or settlement.
Factors That Impact How Much Compensation Is Awarded
Most cases involving personal injuries are settled out of court before they go to trial, with the final settlement amount depending on the parties' expectations of a jury's verdict. Below are factors that impact how much is awarded:
- Severity of the injury
- Length of recovery
Consult With An NY Personal Injury Attorney
Consult a personal injury attorney in New York if you or a loved one has been injured and it was caused by the negligence of another party. Accident victims, whether from a car crash, or another accident, can retain an experienced attorney to advocate on your behalf at Brandon J. Broderick, Attorney at Law.
Contact us today for a free consultation.