In New York, the plaintiff can seek compensation for their injuries, property damages, and other losses from the person that caused or contributed to those losses by filing a personal injury claim. The legal term for such type of compensation is “damages”. Punitive and compensatory damages are two types of damages awarded in personal injury claims.
In New York, the plaintiff can seek compensation for their injuries, property damages, and other losses from the person that caused or contributed to those losses by filing a personal injury claim. The legal term for such type of compensation is “damages”. Punitive and compensatory damages are two types of damages awarded in personal injury claims.
Compensatory damages can be of several different types. However, they can be largely broken down into special and general damages. Compensatory damages are targeted at compensating or reimbursing injured parties for the harm suffered by them. These damages are awarded in almost all personal injury lawsuits, including medical malpractice, auto accident, and slip and fall cases.
Compensatory damages may also be awarded in case of wrongful death. However, the damages in wrongful death lawsuits are unique and generally not found in other cases.
On the other hand, punitive damages are awarded in a small number of lawsuits. These damages are awarded to punish the wrongdoer for their reckless or despicable behavior instead of reimbursing the plaintiff for the injuries caused. Both compensatory and punitive damages are awarded directly to the plaintiff.
Here are a few types of personal injury economic and noneconomic damages usually awarded in New York.
Medical Expenses
Medical bills after sustaining injuries can be expensive. They usually form the starting point for discussing potential case value or compensation. You can recover money in a personal injury lawsuit for the initial visit as well as consequent expenses associated with continued treatment and rehabilitation.
These are a few types of medical expenses that may increase the value of a personal injury lawsuit in NYC:
- Co-pays or doctor visit fees and hospital stays
- Necessary medication for treating accident symptoms, whether mental or physical
- Initial operation and revision surgeries
- General physical therapy or any other rehab including specific occupational therapy
- Necessary medical aids, such as a wheelchair, crutches, or prosthetic limb
Medical bills in the wake of a serious injury can be daunting. However, complete and quick recovery should always be the first priority. Never forego medical treatment just because you cannot afford it. Follow all medical opinions and get in touch with an experienced personal injury lawyer if you are currently being treated for a serious injury. You should be focused on your health at this time and not bills.
Loss of Future Earning Capabilities and Lost Wages
Lost wages are an important aspect of personal injury lawsuits. The plaintiff, in the short term, may claim lost wages for time off work by filing a personal injury lawsuit. For instance, you could recover $6,400 in lost wages if your weekly wage is $800 and you had to miss eight weeks to recover from a broken arm.
Lost wages can really drive up the potential value of a lawsuit if the injury left you with a disability which negatively affected your ability to earn the same level of wage that you were able to earn prior to the accident. This concept is called lost earning capacity. It is a way of anticipating the financial struggles that a plaintiff would face because of the disabilities suffered in the accident.
Unfortunately, such long-term effects are quite common after an accident. For instance, a construction worker with multiple herniated discs following a scaffolding accident may not be able to work in the construction business again. This is because they may not be able to handle heavy objects. The worker’s ability to work in the industry would be negatively and directly impacted.
Your lawyer may be able to recover long-term security by filing for lost wages in the personal injury lawsuit. This is possible in the case of a person that wants to work but cannot because of someone else’s negligence.
Pain and Suffering
Some forms of injuries result in considerable pain. This is generally the case with severe injuries that result in significant missed time off work and medical bills. The recovery period following the injury may involve significant suffering. Plaintiffs in personal injury lawsuits may recover from physical pain and suffering for the injury caused.
It can be difficult for the court to assign a dollar value to pain since it is an abstract concept. Prescribed pain medication is one factor that would be looked into. Pain is a subjective concept. However, if your doctor agrees the injury was painful enough for warranting medication, it could validate your claim.
Another factor is the amount of treatment and rehabilitation required before the doctor declares that you have attained maximum benefit. This is why you should never ignore professional medical advice just because you cannot face the pressure of medical bills. Following up on your medical appointments and communicating with the doctor is necessary. It can go a long way in supporting your claims for pain and suffering.
Emotional Distress and Mental Anguish
Damages related to emotional distress are closely related to pain and suffering. They are awarded to compensate the plaintiff for the psychological effects of the injury and accident on their daily lives. Emotional distress may involve afflictions like insomnia, depression, fear of stepping out, or anxiety. These feelings may be familiar to you if you were recently in a traumatic incident.
The best thing for you to do if you are experiencing any of these symptoms is to document the way you feel. You should also make notes on how the symptoms are affecting your life. For instance, you should take note of the accident resulting in insomnia is impacting your ability to reach work on time. Or, a sense of embarrassment and depression over your injuries may have caused you to remove yourself from social settings. You should share these feelings with your medical provider.
Your doctor may not be able to help you if you do not speak about your symptoms. This is especially true if you are dealing with psychological troubles that are not visible to the human eye. Insurance companies are likely to take claims more seriously when they are documented by a trained medical professional and when you are represented by a competent New York personal injury attorney.
Loss of Consortium
Loss of consortium refers to a situation in which a family member is not able to provide the same level of companionship, love, emotional support, or sexual relation as they could before the accident took place. Loss of consortium claims is usually reserved for serious cases that involve amputation, paralysis, death, or another permanent condition that alters existing family relationships at a fundamental level. These claims are often made separately by the children or the spouse of the plaintiff.
Factors similar to the ones influencing mental and physical suffering are used for calculating these claims. Depression brought on by loneliness, intense humiliation, and loss of socioeconomic status because of lost wages are a few of the factors. Compensation awarded in these cases can be life-altering and helpful when you really require it.
Punitive Damages
Punitive damages are not awarded in all lawsuits. They are reserved for lawsuits in which the defendant behaved in an especially reprehensible or despicable manner. Malicious or wanton acts or fraud are common scenarios where these damages are awarded.
Sexual assault, aggravated battery, or fraudulent behavior are few acts that result in widespread financial harm. Occasionally, in cases that involve health risks or defective products linked to prescription drugs, juries tend to award punitive damages against defendants with deep pockets or product manufacturers.
Maximizing an NYC Personal Injury Claim
People injured by the wrongful or negligent conduct of another are entitled to recover damages for their pain and suffering. Emotional distress forms part of mental anguish. New York’s pain and suffering include physical pain along with compensation for grief, nervousness, fright, worry, anxiety, shock, mortification, indignity, humiliation, apprehension, embarrassment, ordeal, and terror.
Courts in general have not attempted at drawing distinctions between suffering and pain. There is no fixed monetary standard in New York for compensating between mental anguish and physical pain. In each case, compensation is left to the sound discretion and judgment of the jury. They decide the amount that fairly and reasonably compensates the injured person for the mental anguish and physical pain suffered by them as a result of the injury.
Since there are no fixed standards for monetary compensation, claims for pain and suffering are fought hard during litigation. This is where you need the experience and skills of a capable New York City personal injury lawyer. The attorney would be able to achieve maximum damages by presenting strong evidence and compelling arguments for establishing your pain and suffering.
Hire a Capable Personal Injury Attorney in New York
Have you or a loved one suffered grievous injuries in a personal injury accident? The skilled personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff are dedicated to investigating your accident thoroughly. We are known for vigorously fighting on behalf of our clients to obtain the damages they deserve.
We are experienced and knowledgeable enough to take cases to trial if the insurance company refuses to pay a reasonable settlement. Give us a call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online.
