Getting injured in an accident can have a substantial impact on your life, from medical expenses to lost income. If you have been injured in an accident due to someone else’s negligence, you may be able to claim compensation for your damages. However, determining the compensation amount can be complicated, and there are many factors to consider. In this article, we will discuss how the compensation amount is determined in a personal injury claim in New York.
Table of Contents
Understanding the Types of Damages
In a personal injury case, there are two types of damages: economic damages and non-economic damages.
Economic Damages
Economic damages refer to the actual monetary losses suffered by the plaintiff due to the accident, such as:
- Medical expenses
- Lost income
- Property damage
- Funeral and burial expenses (in wrongful death cases)
In New York, economic damages are relatively easy to calculate, as they are based on actual financial losses incurred due to the accident.
Non-Economic Damages
Non-economic damages are more difficult to quantify, as they refer to the intangible losses suffered by the plaintiff due to the accident, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (in wrongful death cases)
New York state law has put a cap of $250,000 for non-economic damages in medical malpractice cases. However, non-economic damages are usually the most substantial portion of compensation awarded in personal injury lawsuits.
Factors that Affect Compensation Amount
There are many factors that an injured plaintiff should consider when determining the compensation amount in a personal injury case. Below are the most significant factors that determine the compensation amount in a New York personal injury case:
Severity of Injuries
The severity of the plaintiff’s injuries is one of the most crucial factors in determining the compensation amount. The more severe the injuries suffered by the plaintiff, the higher the compensation amount they are likely to receive.
Short and Long-Term Disability
A short or long-term disability resulting from the plaintiff’s injuries will also significantly impact the compensation amount. If the plaintiff is unable to work or enjoy their life due to the injuries, they are more likely to receive a higher compensation amount.
Strength of Evidence
The strength of evidence supporting the plaintiff’s case will significantly impact the compensation amount. The stronger the evidence supporting the plaintiff’s case, the higher the compensation amount they are likely to receive.
Liability
Determining who was at fault for the accident is a crucial factor in determining the compensation amount. If the plaintiff can prove that the other party was at fault for the accident, they are likely to receive a higher compensation amount.
Insurance Policies
The insurance coverage of the responsible party is another factor that impacts the compensation amount. If the responsible party has significant insurance coverage, the plaintiff is more likely to receive a higher compensation amount.
How Is Compensation Amount Calculated?
Once all the factors have been considered, the compensation amount is calculated by adding up the economic and non-economic damages suffered by the plaintiff.
Economic Damages
The economic damages are relatively easy to calculate, as they are based on actual financial losses. The plaintiff’s attorney will add up the following losses to determine the economic damages:
- Medical expenses (past and future)
- Lost income (past and future)
- Property damage
- Funeral and burial expenses (in wrongful death cases)
Non-Economic Damages
The non-economic damages are more difficult to quantify, as they are based on intangible losses. The plaintiff’s attorney will use the following factors to determine the non-economic damages:
- The severity of the injuries
- The physical pain and suffering endured by the plaintiff
- The emotional distress endured by the plaintiff
- The loss of enjoyment of life endured by the plaintiff
- The loss of companionship (in wrongful death cases)
Conclusion
The compensation amount in a personal injury claim in New York depends upon various factors, such as the severity of the injuries, strength of evidence, and available insurance coverage. It is essential to work with an experienced personal injury attorney to ensure you receive the compensation you are entitled to. Hopefully, this article has provided insight into how compensation amounts are calculated in New York.