A personal injury case arises when an individual gets injured due to someone else’s negligence or intentional act. When a personal injury case takes place in New York, the injured party can file a legal claim against the person or entity responsible for the damage incurred.

Damages in a Personal Injury Case

Damages can be broadly classified into two categories – economic and non-economic damages.

Economic Damages

Economic damages refer to losses that have a monetary value and can be calculated. These include:

Medical Expenses

If the injured party sustains injuries and requires medical treatment, then the medical expenses incurred can be recovered. This includes hospital bills, prescription medicines, rehabilitation fees, and other medical expenses.

Lost Wages

If the injured party misses work due to the injury, then the wages lost during this time can be recovered. The lost wages also include any bonuses or other benefits.

Property Damage

If the injury results in damage to the plaintiff’s property, then the cost of repairs or replacement can be recovered.

Non-Economic Damages

Non-economic damages refer to losses that have no monetary value and are subjective in nature. These include:

Pain and Suffering

Pain and suffering damages compensate the plaintiff for physical and emotional pain caused by the injury. This includes compensation for chronic pain, suffering, trauma, anxiety, and other emotional damages.

Loss of Consortium

These damages refer to damages the partner of the injured person may recover for the loss of companionship, sexual relations, or emotional support.

Punitive Damages

Punitive damages are awarded by the court to punish the defendant for their conduct and discourage them and others from committing similar actions in the future. In cases where the defendant’s actions were especially egregious, the court may award punitive damages.

Factors Affecting Compensation

The amount of compensation can vary depending on the extent of the injury, liability, and other factors. These include:

The Extent of the Injury

The more severe the injury, the higher the compensation amount will be. Injuries that result in a loss of mobility or permanent disability would warrant a higher compensation amount.

Liability of the Defendant

If the defendant is entirely responsible for the injury, then the plaintiff’s compensation amount would be higher. In cases where the plaintiff shares responsibility for the injury, the defendant’s compensation amount would be reduced.

Insurance Policy Limits

If the defendant has insurance coverage, their compensation amount may be limited to the policy limits. If the plaintiff’s damages exceed the policy limit, it can be more challenging to recover full compensation.

Conclusion

Personal injury cases can be complicated, and compensation amounts can vary depending on several factors. It is essential to consult an experienced personal injury attorney to determine the compensation amount you may be entitled to. A personal injury attorney can help maximize the compensation by ensuring comprehensive coverage of the losses incurred by the accident.