Personal injury claimants that don’t accurately assess and value their claims can end up with much less financial recovery than they deserve. This can impact your quality of life and prevent you and your loved ones from successfully moving forward with your lives. The first step to calculating the value of your case is to know the type of damages you can sue for. An experienced accident attorney Bronx NY can identify all potential damages for your claim and develop a winning strategy to obtain maximum compensation.
Personal injury claimants that don’t accurately assess and value their claims can end up with much less financial recovery than they deserve. This can impact your quality of life and prevent you and your loved ones from successfully moving forward with your lives. The first step to calculating the value of your case is to know the type of damages you can sue for. An experienced accident attorney Bronx NY can identify all potential damages for your claim and develop a winning strategy to obtain maximum compensation.
Types of Recoverable Damages Following a Bronx Personal Injury Lawsuit
These are the two essential types of damages that people file claims for in New York:
Compensatory damages
Compensatory damages can be classified into two types – economic and noneconomic. Economic damages are meant to compensate the injured victim for the quantifiable losses suffered. This can be in the form of medical expenses for physical injuries and damage to property among other things. For instance, in a car accident, you may experience cuts, scrapes, and broken bones while your vehicle may require extensive bodywork and repair.
These specific damages have an actual dollar value attached to them, which can be proven by your Bronx car accident lawyer through receipts. This is someone who has been through the legal battlefields before and knows how to survive an environment that’s totally hostile. With that said, compensatory damages also include noneconomic damages. This includes damages for disfigurement, pain and suffering, loss of consortium, and loss of enjoyment of life.
Punitive damages
Punitive damages are less quantifiable and mostly up to the courts. These are established and awarded by the judge and jury. Punitive damages are not relevant or applicable to every personal injury lawsuit. They are usually awarded only where the actions of the responsible party were particularly negligent, reckless, or malicious. For instance, a drunk driver that ends up in a car accident can be considered all three. Punitive damages are typically awarded where the responsible party is recklessly at fault. They are enforced to make the at-fault party responsible for more than just quantifiable receipts.
Economic Damages in a Personal Injury Claim in Bronx, NY
Your financial losses and expenses related to the injuries, accident, and recovery can be recovered by seeking economic damages. These are a few typical types of economic damages that your personal injury attorney Bronx NY will obtain for you:
Medical Care and Treatment
Medical treatment is expensive. You will have to pay for several different doctor’s bills, ambulance services, surgical costs, hospitalization, and diagnostic tests. This can amass to thousands of dollars. In fact, catastrophic injuries, such as traumatic brain injury can lead to medical bills in the hundreds of thousands of dollars. Even if the economy was strong that’s lots of money.
Personal Care
Many victims require in-home health care and personal care following a severe accident. This is especially true for victims that sustain permanent disabilities or impairments. The cost of home assistance and health care can put strain on your already stretched finances. Besides, without home assistance, you may find it impossible to perform daily activities, such as feeding, dressing, and bathing. The best personal injury lawyer Bronx will make sure to consider these costs while calculating an estimate.
Loss of Income
If you missed time from work because of your injuries or accident, you can claim for lost wages through a personal injury claim. Loss of income can also be claimed by self-employed individuals. Furthermore, you will need to work with a competent personal injury lawyer Bronx New York to prove the extent of lost wages. Employees can also claim for bonuses, commissions, and other benefits along with their salary.
Medical Equipment, Therapy, and Rehabilitation
Many accident victims require vocational therapy, physical therapy, and occupational therapy. You may also require braces, walkers, wheelchairs, and canes among other special medical equipment. You can include the cost of these additional medical devices or therapy in your claim.
Other Costs
You may have paid for additional costs, such as the expense of traveling to keep your medical appointments. Modifications made to your home to cater for a permanent disability is another expense you may want to include in the claim.
Non-economic Damages in a Bronx, NY Personal Injury Claim
Noneconomic damages are not quantifiable and difficult to define. These are usually a representation of the victim’s pain and suffering. These damages include:
Pain and Suffering
It’s painful to recover from a physical injury. In many cases, victims live with the pain and discomfort associated with their injuries for a long time. The monetary award for pain and suffering is supposed to compensate a personal injury survivor to live with the pain. No amount of money can ever make it alright to feel physical pain. In relation to this, it can help you get the treatment and therapy needed for dealing with the pain better.
The amount that can be claimed for pain and suffering depends on the severity of the accident and the extent of physical injuries suffered. The pain and suffering component of your award will be less for minor injuries. This is because minor injuries heal in a short amount of time. Stemming from this, in case of substantial injuries, the pain and suffering component is usually more. Your Bronx County personal injury lawyer will help you place a dollar value on the pain and suffering experienced.
Emotional Distress
Emotional distress is separate from pain and suffering. In New York, you can claim damages for post-traumatic stress disorder, fear, and anxiety among other types of emotional distress. There are several ways a personal injury victim can suffer. You may experience sleeplessness, depression, or anxiety. You need to make sure that you let your doctor know about these symptoms and get the care you deserve.
Emotional distress compensates for the mental anguish suffered by a victim. There is no accurate mathematical formula for calculating this. However, a seasoned personal injury lawyer Bronx New York can help you determine the value for your emotional distress following an accident.
Punitive Damages in a Personal Injury Lawsuit in Bronx
Punitive damages are not commonly awarded in injury claims. These are special damages not intended for compensating an injury victim. Instead, they are meant to punish the at-fault party for their wanton and willful disregard for the safety of others and gross negligence. DUI accidents can result in catastrophic injuries or death. The judge and jury may award this compensation to prevent other people from acting the same way.
Punitive damages are helpful towards financially punishing someone for acting in a particularly malicious or egregious manner. While these damages are rare, New York courts do allow them. Furthermore, you will need to prove using strong evidence that the defendant consciously disregarded your safety.
Is There a Cap on the Settlement Amount in Bronx, New York Personal Injury Cases?
There are no damage caps or limits in personal injury cases in New York. This includes punitive damages. The best personal injury lawyer the Bronx will try and secure maximum possible compensation for you by taking a claim to trial if the insurance company refuses to offer a fair settlement. This is because juries are allowed to award any amount of their choosing to injury victims.
In relation to this, any compensation awarded for future damages needs to follow a specific process for receiving a payout. Under CVP § 5401, judgment for future damages has to be paid in periodic payments as part of an annuity instead of a lumpsum payment.
It can be frustrating and confusing to calculate the value of damages. Insurance companies are known to routinely undervalue damages so that they can deny or reduce the payout. You should consult with experienced Bronx personal injury law firms before accepting any settlement offer.
Factors Considered by New York Courts in Awarding Damages
Every personal injury claim is unique and has its own set of variables. These are a few factors that are usually considered by the courts for determining liability and damages:
Severity of Injury
Damages awarded to someone with a minor injury as compared to someone with a major injury are different. Victims that experience blindness or permanent disfigurement are awarded more in compensation as compared to someone with a sprained ankle.
Recovery Time
Certain injuries heal quickly while others can take months or years. The fact that a victim can lose wages and their employment because of the time away from work is also considered. In severe cases, victims may lose their ability to perform their job responsibilities and require a new type of career.
Potential Liability
Damages are usually lower when the accident has no intent or negligence involved and is truly an accident. Moreover, an experienced accident attorney Bronx NY will try to demonstrate otherwise so that you can get the compensation you deserve.
Insurance Coverage
The amount an insurance company is willing to pay for damages needs to be considered while balancing the out-of-pocket expenses.
You are in the Hands of a Fighter: Get Legal Representation from a Formidable Personal Injury Lawyer in Bronx, NY
The experienced and proven Bronx, NY personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have a history of helping injured victims and their families obtain the compensation they deserve. You can count on our century’s worth of experience to help you maximize financial recovery. Our attorneys have won over $1 billion for personal injury victims. Schedule your free and confidential consultation with us today. call 212-344-1000 or reach us contact form.
