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What Types of Damages Are Awarded in a Personal Injury Case in New York?

What Types of Damages Are Awarded in a Personal Injury Case?

What Damages Can Be Recovered After a Personal Injury in NY?

Personal injury cases can be very complicated and involve multiple parties. In New York State, there are strict limits on what damages can be recovered after a personal injury case. An experienced personal injury lawyer can help an injured victim recover the maximum compensation they deserve following an unexpected injury.

Here are five common types of damages that may be available to you after a personal injury case:

  • Pain and Suffering
  • Medical Expenses
  • Lost Wages
  • Permanent Disability
  • Death Benefits

Some local hospitals that can provide treatment for most personal injuries include:

  • White Plains Hospital
  • Formé Medical Center and Urgent Care
  • CityMD White Plains Urgent Care - Westchester
  • Maple Medical, LLP

Types of Personal Injury Cases

Personal injury cases include injuries caused by accidents such as car crashes, slip and falls, dog bites, and medical malpractice. These types of cases can result in serious injuries or death. If you've been injured due to another person's negligence, you may be entitled to compensation for your losses.

In order to win a personal injury case, you must prove that the defendant was negligent and that his or her negligence caused your injuries. Negligence means that the defendant failed to act reasonably under the circumstances. For example, if you were walking across a parking lot and slipped on an icy patch, then you would probably be able to show that the ice was there because the defendant did not clear the area properly.

There are several types of personal injury cases, each with its own set of rules and requirements. Here are the most common types of personal injury cases.

Car Crashes

Automobile accidents are one of the leading causes of personal injury claims. According to the National Highway Traffic Safety Administration, about 40 percent of all traffic fatalities occur in automobile accidents.

Dog Bites

Dog bites are among the most common types of animal attacks. In fact, according to the Centers for Disease Control and Prevention (CDC), over half of all reported dog bite victims are children.

Slip or Trip and Falls

There are several types of slip and trip cases. Some involve individuals tripping on uneven pavement, slipping on ice or snow, or stumbling over a pothole. Others involve individuals tripping on stairs, steps, or ramps.

Medical Malpractice

Medical malpractice occurs when a physician fails to meet professional standards of care. This includes failing to diagnose a condition, prescribing the wrong medication, or performing unnecessary procedures.

How Much Is a Personal Injury Case Worth?

Personal injury cases are often complex and difficult to prove. Damages are usually determined based on the amount of pain and suffering experienced by the victim. However, there are several factors that may affect the value of an injury claim.

In personal injury claims, damages can include medical expenses, lost wages, property damage, and emotional distress. These types of damages are generally considered “economic losses.” Economic losses do not typically result in physical harm or bodily injury.

What Are Compensatory Damages in Personal Injury Cases?

There are two types of compensatory damages available in personal injury cases: economic damages and non-economic damages. Economic damages include medical expenses, lost wages, and pain and suffering. Non-economic damages include compensation for emotional distress, such as anxiety, depression, and humiliation.

Some examples of compensatory damages include:

• Medical Expenses

A plaintiff may recover medical expenses incurred as a result of the defendant’s negligence. For example, if a doctor negligently performs surgery on a patient, the patient may be entitled to recover medical expenses related to the surgery.

• Lost Wages

A plaintiff may recover lost wages caused by the defendant’s negligent conduct. If a driver negligently causes an accident resulting in injuries to another person, the driver may be liable for the other person’s lost wages.

• Pain and Suffering

A plaintiff may recover damages for pain and suffering caused by the defendant‘s negligent conduct. This type of damage is often referred to as “pain and suffering” because it includes compensation for physical pain and mental anguish experienced by the victim.

• Emotional Distress

A plaintiff may recover emotional distress damages if he or she has suffered emotional distress as a result of the negligent conduct of another party. The law recognizes that people suffer emotional distress when they experience things such as fear, anxiety, embarrassment, humiliation, depression, anger, and frustration.

Punitive Damages in Personal Injury Cases

In addition to compensatory damages, personal injury cases may also include punitive damages. Punitive damages are awarded to punish the defendant for his or her wrongful conduct. They are meant to serve as an example to others, deterring future misconduct.

Punitive damages are usually awarded in personal injury cases where the plaintiff has suffered severe injuries or death. For example, punitive damages may be awarded in cases involving serious physical injuries, permanent disability, disfigurement, or death.

However, punitive damages are not available in every case. If the defendant was acting reasonably under the circumstances, he or she would not deserve to be punished by punitive damages. It is best to discuss your individual circumstances with an experienced attorney to help determine if you could be entitled to punitive damages.

Does NY Put a Cap on Personal Injury Damages?

In some states, there is no cap on the amount of punitive damages that can be awarded. Other states limit the amount of punitive damages to $250,000 per incident. In addition, punitive damages may be reduced if the defendant shows that he or she did not commit fraud or gross negligence. There are limits on damages in personal injury cases in New York state. These limits are set by law and cannot be changed.

What Are the Personal Injury Limits In NY?

  • Medical expenses: $250,000 per person
  • Lost wages: $100,000 per person

The amount of money awarded depends on the severity of the injuries sustained and whether the plaintiff was working at the time of the accident.

What Factors Help Determine Compensation?

  • How much money you spend on medical bills?
  • Whether you were working at the time of your accident?
  • What kind of injury you sustained?
  • How much pain and suffering you endured?
  • If you lost any income due to your injury?
  • How much money your attorney charges you?

How Can the Statute of Limitations Impact Personal Injury Cases?

Personal injury cases are often filed within a certain amount of time after an accident occurs. For example, if you were injured in a car accident last week, then you may file a personal injury lawsuit against the driver involved in the crash. However, there are times when the statute of limitations can impact your case. If the driver was uninsured or underinsured, then you may not be able to recover any damages.

New York has a 2-year statute of limitations on personal injuries. What does that mean? A person injured by another party may file a lawsuit within two years after the cause of action accrues. The cause of action accruing means the time period when the injured party knows they were harmed. For example, if you were hurt in an accident and knew about it immediately, then the cause of action would accrue immediately. If you did not know about the harm until later, then the cause of actions would accrue when you learned about the harm.

Speaking To A Personal Injury Lawyer About Compensation Today

If you were injured in a work-related accident, contact our legal office right away. Our experienced New York personal injury attorneys at Banville Law can help you determine whether you have a case that may lead to financial compensation. Our attorneys can provide free consultations to discuss your legal options.

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Laurence P. Banville
Date Published: July 14, 2022
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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