When you are injured, you worry about a lot of things. How are you going to earn a living with this injury? Are you going to be able to help take care of your loved ones? Will you become a physical and financial burden on the people you care for?

Under New York law, you have rights if you have suffered a personal injury due to circumstances that were not in your control. In such cases, you are legally entitled to compensation to help you maintain your lifestyle while you recover. Several types of damages are available in a New York personal injury case.

Compensatory Damages

When a person's injury is due to negligence on the part of someone else, they are entitled to money as compensation. Money can never replace the loss of living your life the way you did before the injury. But with compensatory damages, you can attempt to maintain your independence and take care of your family. Compensatory damages have to be proven, with the value determined by the court.

Compensatory damages replace the money lost by a personal injury victim. They are often awarded in cases of medical malpractice and cover many forms of loss, including:

  • Loss of opportunity
  • Long-term physical pain and suffering
  • Future medical bills
  • Future loss of wages
  • Inconvenience
  • Mental Anguish

General Damages

New York does not issue fault in car accident cases except in extreme cases. That means drivers use their car insurance to pay for treatments. This system reduces the chances of suing for minor injuries. But for injuries that were not the result of a crash, you may be entitled to general damages.

General damages are non-monetary losses not always given in New York personal injury cases. Insurance companies try to have these types of damages dismissed because they are not always easy to prove. You must have a lawyer to fight for these rights if you feel you deserve them. General damages could be awarded for a number of things, including:

  • Loss of quality of life
  • Pain and suffering
  • Emotional and physical distress
  • Scarring
  • Disfigurement

Special Damages

Special damages are calculated based on the actual dollar amounts it costs to treat your injuries. They are calculated based on the money you have already spent, or likely will spend soon. They are proven with medical records, bills, and receipts. Things that are generally covered under special damages include:

  • Cost of medical treatment paid for out-of-pocket
  • Lost income
  • Future surgeries, therapies, and treatments
  • Loss of property

Special damages are designed to put your finances back where they were before you were injured. Medical bills and loss of income are the most common types of financial loss after an accident. Many people cannot work the same job after they get hurt, making these types of damages necessary.

Punitive Damages

The victim of a personal injury is not awarded punitive damages to compensate for their expenses. These are monetary damages used to punish people who caused an injury due to serious misconduct. They also deter similar behavior by others. In New York, only the most extreme cases will receive punitive damages.

Since punitive damages have to show malice through convincing evidence, you may find it difficult to prove to a jury you deserve them. These kinds of findings usually occur in cases involving large companies, and not necessarily individuals. If you believe you deserve this type of award, you should discuss it with your lawyer. They can go over what is usually covered, and the chances of reaching that decision in your matter.

How Are Damages Calculated?

Your lawyer will calculate a settlement request based on many factors. These may include money you have already spent on medical treatment, and the cost of future treatments your doctors think will be necessary. They will review your case with you, find out what you think you are owed, and let you know what they believe you should expect.

A lawsuit will be filed on your behalf based on the amount you and your lawyer agree to. The defendant then has the right to refuse the amount of your claim, which will cause your case to go to trial. Or they could send you a settlement offer you can either accept or use to negotiate.

In order to receive any damages in a New York personal injury case, you have to prove that there was a loss that occurred. You can prove that your injury caused a financial loss due to your inability to work. Or you may prove that you have experienced mental trauma due to your experiences. With any claim, you will need a knowledgeable and experienced lawyer to help you.

Brandon J. Broderick, NY Personal Injury Lawyer

If you’ve been injured due to someone else’s negligence, working with an experienced NY personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.

Contact Brandon J. Broderick, Attorney at Law, for a free consultation. With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback. Locations across New York State and New York City.

Posted by: Brandon J. Bro…
Date: Mon, 11/07/2022 - 23:02

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