If someone's negligence caused you to suffer injuries in an accident, whether it be an auto accident, slip and fall accident or workplace accident, you may be considering a personal injury lawsuit against the at-fault party. You have this right, and you should exercise it if you have suffered losses and need compensation to make you whole again. Many people might not be aware that there may be a limit on the amount of damages in a personal injury claim, though it depends on specifics of your case and the state you live in.
Read on for more information on limits on damages in NY personal injury cases in the article below. It's important to be aware of the general aspects of a personal injury case, especially if you are in the midst of one. However, we strongly recommend that you consult with a legal expert about your specific case. Speaking with an NY personal injury attorney can be invaluable to your case.
Brandon J. Broderick has the team and resources to ensure you obtain a favorable settlement. Let our attorneys assist you today.
Cap on Personal Injury Claim Damages
Certain states have caps on the max damages, or compensation, that a victim of civil litigation can receive from a defendant. A statute known as a damage cap limits the amount of money a plaintiff can get back from a defendant. A damage cap is intended to support the economy. A damage ceiling protects defendants like hospitals and the government from excessive judgments that would force them into bankruptcy by capping the amount that a service provider will be required to pay. False claims are also discouraged by it. In a personal injury case, there are two primary categories of damages: compensatory and punitive.
Compensatory Damages
When an accident results in losses like property damage and medical costs, compensatory damages allow the victim to recover compensation for those losses. "Economic" damages are paid out for specific expenses related to medical treatment, rehabilitation, or lost income.
Punitive Damages
Punitive damages force the defendant to pay the plaintiff additional money in order to penalize them for their egregious negligence, malice, or recklessness. The term "non-economic" damages refers to losses that are not specifically measurable. One example of a non-economic loss is "pain and suffering," which is typically covered by personal injury damages. Limits do, however, permit significant rewards in some circumstances.
Is There Damages Limit in NY Personal Injury Cases?
New York does not impose a restriction on the total amount of damages that can be granted for pain and suffering in the majority of cases involving personal injuries. This allows the jury to determine damages based on the case's circumstances.
Neither compensatory or punitive damages are capped in New York. After a verdict, payments from a collateral source may be used to lower the award; voluntary charitable contributions are not eligible. (CPLR § 4545, N.Y.)
Medical Malpractice Exception: Whereas general personal injury claims are not subject to limits in compensation, medical malpractice cases involving obstetric services in New York are subject to a cap on non-economic damages. These caps, however, do not apply to the entire amount a plaintiff may recover from all defendants; rather, they solely relate to the healthcare provider's liability.
Call Us Today For A Free Consultation About Your NY Personal Injury Case
After an accident that resulted in injury, pursuing a legal claim may seem like a difficult undertaking, but it doesn't have to be. We encourage you to think about contacting the pi attorneys at Brandon J. Broderick to assist you with the process. If you don't have legal representation, the insurance company can make you a lowball offer that hardly covers your losses or may even attempt to reject your claim.
For a free consultation, call us today.