In New York, personal injury claims allow injured parties to seek compensation for losses from accidents, negligence, or other wrongful acts. Knowing and understanding the types of damages available is essential, as these damages aim to make the injured person whole by covering costs, suffering, and more. Compensation in a personal injury claim is divided into two main categories: economic and non-economic damages. For certain cases, punitive damages may also be pursued. This article breaks down each type of damage, helping victims and their families understand what they might expect in compensation.

1. Economic Damages

Economic damages cover quantifiable financial losses that result directly from the injury. These damages aim to restore what the injured party has financially lost or will likely lose in the future due to the injury.

• Medical Expenses: Medical costs form the foundation of economic damages in personal injury cases. New York courts consider all related healthcare expenses, including:
  • Hospital stays, surgeries, and emergency services
  • Medication and prescriptions
  • Physical therapy, rehabilitation, and ongoing care
  • Medical equipment, like wheelchairs or prosthetics
• In cases where lifelong treatment is necessary, courts may account for future medical costs based on expert testimony. Based on information from the National Safety Council, the average lifetime cost of medical expenses for severe injuries can exceed $1 million.
• Lost Wages: If the injury impacts a person's ability to work, they may claim lost wages. Lost wages include:
  • Income lost during recovery
  • Loss of benefits, bonuses, or opportunities missed during the recovery period
  • Projected future earnings if the individual cannot return to their previous job or must take a lower-paying role due to their injury
• For long-term injuries or permanent disabilities, an economic expert can help project future earnings loss, allowing the court to assign a more accurate award.
• Property Damage: In car accident cases, property damage is a common claim. Victims may receive compensation for vehicle repairs, replacement costs, or other damaged personal property.
• Out-of-Pocket Expenses: Injuries often lead to miscellaneous expenses, such as transportation to medical appointments, child care, or custom modifications to the home to accommodate a disability. New York law allows victims to claim these out-of-pocket expenses, providing receipts or proof of payment where possible.

2. Non-Economic Damages

Non-economic damages are more subjective than economic damages and address intangible losses. These damages recognize the broader impact of the injury on a person's quality of life, relationships, and mental well-being.

• Pain and Suffering: Pain and suffering encompass the physical discomfort and emotional anguish that come with severe injuries. Factors that influence the value of these damages include:
  • Severity of the injury and associated pain
  • Expected duration of pain and suffering, especially if the injury leads to chronic pain
  • The impact the injury has on the victim's life, hobbies, or enjoyment
• In New York, calculating pain and suffering often involves multipliers, where courts multiply economic damages by a set factor based on the severity of suffering. However, each case is unique, so awards vary significantly.
• Emotional Distress: Emotional distress addresses the psychological toll an injury can have on the victim. Conditions like post-traumatic stress disorder (PTSD), anxiety, and depression may result from traumatic accidents or severe injuries. Emotional distress damages cover therapy costs, psychiatric care, and the diminished quality of life that mental health issues can cause.
• Loss of Consortium: Loss of consortium compensates spouses or family members for the harm an injury does to their relationship with the victim. This damage type recognizes the loss of companionship, affection, or intimacy that injuries might impose. Family members can file a separate claim for loss of consortium, and its inclusion often depends on the severity and long-term impact of the injury.
• Loss of Enjoyment of Life: If an injury keeps someone from engaging in activities they once loved, they may be awarded damages for the loss of enjoyment of life. This category considers the ways an injury reduces the quality of life, especially if it permanently limits a person's mobility or independence.

3. Punitive Damages

Punitive damages differ from economic and non-economic damages, as they focus on punishing the wrongdoer for especially reckless or malicious actions rather than compensating the victim. In New York, punitive damages are awarded to deter others from similar behavior, but they only apply if the defendant's actions were intentionally harmful, grossly negligent, or fraudulent.

• Examples of Cases Eligible for Punitive Damages:
  • Drunk driving accidents resulting in severe injuries
  • Assault or intentional infliction of harm
  • Cases involving fraud or extreme negligence, such as knowingly selling a defective product

How Damages Are Calculated in New York

Calculating damages in a personal injury claim involves a thorough assessment of each expense and loss. In New York, the final award is influenced by factors like the severity of the injury, the victim's age and occupation, and the degree of pain and suffering endured. Common methods for calculating damages include:

• Multiplier Method: This method multiplies the total economic damages by a certain number (usually between 1.5 and 5), depending on the severity of pain and suffering.
• Per Diem Method: This assigns a daily dollar amount to the pain and suffering endured, multiplied by the number of days until full recovery or as long as the injury impacts the individual.

Limitations on Damages in New York

New York does not impose limits on economic or non-economic damages in personal injury cases, which means that those hurt can seek full compensation for their losses. However, punitive damages may be limited based on case specifics, as New York courts generally restrict these to only the most severe cases to prevent excessive awards.

Conclusion

In New York personal injury cases, understanding the types of damages available helps victims and their families assess potential compensation more accurately. By carefully documenting medical expenses, property losses, emotional impact, and other damages, claimants can build a strong case for fair compensation. Whether you're facing an auto accident, workplace injury, or another type of personal injury, understanding your rights under New York law empowers you to seek justice and rebuild your life.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.