When you suffer an injury due to someone else’s negligence, you have the right to pursue compensation through a personal injury claim. In this kind of case, you can claim economic damages, non–economic damages, and, in rare cases, punitive damages.
If you’ve been injured in an accident in New York, you may be dealing with costly medical bills and time away from work. A Brooklyn personal injury lawyer can help you file a claim and pursue the compensation you deserve.
What’s in This Guide
- What Types of Damages Are Available in Personal Injury Cases in New York?
- Economic Damages in New York Personal Injury Claims
- Non–Economic Damages and What They Cover
- Compensatory vs. Punitive Damages
- How Damages Are Calculated
- Does New York Cap Personal Injury Damages?
- Can You Get Compensation If You’re Partially at Fault?
- Statute of Limitations for Personal Injury Damages in NY
- Why You Should Hire a New York Personal Injury Lawyer
- Tips to Maximize Your Personal Injury Settlement
- Contact a Brooklyn Personal Injury Lawyer for a Free Consultation
What Types of Damages Are Available in Personal Injury Cases in New York?
Personal injury damages are meant to compensate victims for the losses they’ve experienced due to another party’s negligence. New York law allows plaintiffs to pursue several types of damages in personal injury cases, which are primarily categorized as economic or non-economic.
Economic Damages
Economic damages are tangible losses that can be calculated with a degree of certainty. They’re meant to reimburse victims for out-of-pocket expenses and financial losses that have resulted from an injury. Examples include:
- Medical expenses: You can recover costs for hospital stays, surgeries, medications, physical therapy, and any future medical care required due to your injury.
- Lost wages: If your injury caused you to miss work, you can seek compensation for the income you lost during your recovery.
- Loss of earning capacity: If your injury affects your ability to work in the future, you can pursue compensation for reduced earning potential.
- Property damage: If your personal property, such as a car, was damaged in the incident, you can include repair or replacement costs in your claim.
- Other out–of–pocket expenses: These may include transportation to medical appointments, home modifications for disabilities, or childcare costs.
Non-Economic Damages
Non-economic damages compensate victims for intangible losses that are more difficult to quantify. They address the emotional and psychological toll of an injury, such as:
- Pain and suffering: You can recover compensation for the physical pain and emotional distress caused by your injury.
- Loss of enjoyment of life: If your injury prevents you from participating in activities you once enjoyed, you can seek compensation for it.
- Emotional distress: You can claim compensation for any anxiety, depression, or trauma caused by the incident.
- Loss of consortium: If your injury affects your relationship with your spouse or family, you can pursue compensation for it.
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What Is the Difference Between Compensatory Damages and Punitive Damages?
The difference between compensatory and punitive damages is:
- Compensatory damages aim to make the victim whole by covering economic and non-economic losses. They address the actual harm suffered.
- Punitive damages are awarded in rare cases to punish the defendant for egregious misconduct and deter similar behavior in the future. To receive them in New York, you must present clear and convincing evidence of the defendant’s reckless or intentional actions.
How Are Your Damages Calculated?
Calculating damages in a personal injury case requires meticulous documentation and expert analysis. Factors that can influence the value of your personal injury claim include:
- The severity of your injury
- The impact of the incident on your ability to work and maintain your quality of life
- The costs of current and future medical treatment
- Comparable cases and settlements in New York courts
Economic damages are calculated using bills, receipts, and financial statements. Non-economic damages, however, often require testimony from medical professionals, mental health experts, and economists.
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Does New York Cap Your Settlement in a Personal Injury Case?
Unlike some states, New York does not impose a cap on personal injury damages. That said, if you qualify for punitive damages, courts may limit the amount you receive so as to ensure it’s not excessive.
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Can You Receive Damages If You Were Partially At Fault?
New York follows a pure comparative negligence rule. This means you can still recover personal injury compensation even if you were partially at fault for the incident. However, your compensation will be reduced by your percentage of fault.
For instance, if you are determined to be 40% at fault for the incident, and your total damages are $100,000, you would still be eligible to recover $60,000.
What Is the Statute of Limitations for Claiming Damages in New York?
The statute of limitations for personal injury claims in New York is typically three years from the date of the injury. For medical malpractice cases, the deadline is generally two years and six months. If you miss this deadline, you could lose your right to pursue compensation.
Why Hire a Personal Injury Lawyer in New York?
A skilled personal injury lawyer can:
- Gather and preserve evidence to strengthen your case
- Calculate your damages
- Negotiate with insurance companies to secure a fair settlement
- Represent you in court if a settlement cannot be reached
- Guide you through the claims process
A personal injury attorney can significantly improve your odds of receiving a fair settlement.
Tips for Maximizing Your Settlement
To maximize your personal injury settlement, follow these tips:
- Document everything: Keep detailed records of your medical treatment, lost income, and any other expenses related to your injury.
- Avoid admitting fault: Refrain from making statements that could be interpreted as an admission of responsibility.
- Hire a lawyer: A knowledgeable attorney can help you achieve the best possible outcome.
- Listen to your doctor: Attending all scheduled appointments and adhering to your treatment plan will show that you are serious about your recovery. But be careful what you say.
- Be patient: Settling too quickly may result in unfair compensation.
Speak with a Brooklyn Personal Injury Lawyer Today
If you’ve been injured in New York, you don’t have to navigate the legal process alone. A Brooklyn personal injury attorney from Chaikin Trial Group Personal Injury Lawyers can guide you through the claims process and ensure you receive fair compensation.
Schedule a free consultation today to begin seeking justice.
Call or text (212) 977-2020 or complete a Free Case Evaluation form
