Types of Damages in Personal Injury Cases in NY

If you've been injured due to someone else's negligence, you deserve an award that does more than just cover your medical bills. Through a personal injury lawsuit, you can recover your lost income and other expenses and ask for financial compensation for the emotional impact of the injury.

New York personal injury lawyers from the Jacob D. Fuchsberg Law Firm will explore the main categories of damages in personal injury cases and how they apply to various situations.

Whether you've suffered a workplace injury, been involved in a car accident, or been injured by a defective product, you can use this information to understand your rights and the potential compensation you may be able to claim.

What Types of Personal Injury Damages Are Recoverable in NY?

In most personal injury cases, damage awards fall into two main categories: economic and non-economic damages. These damages are designed to compensate victims for losses they've suffered due to another party's negligence.

Dive deeper into each of these categories to better understand what they cover and how they might apply to your personal injury case.

Economic Damages

Economic damages, also known as special damages, are the most straightforward type of compensation in personal injury cases. They are designed to reimburse you for specific financial losses related to your injury.

Common types of economic damages include:

• Medical expenses: All costs associated with your medical treatment, including hospital bills, doctor's visits, medications, and medical equipment.
• Future health care: Expected future medical costs for injuries that require ongoing care.
• Lost wages: Compensation for income you could not earn during your recovery.
• Loss of future earnings: Money that you will not be able to earn if your injury will have long-term effects on your career.
• Property damage: Compensation for damage to your vehicle or other personal property.
• Other out-of-pocket expenses: Transportation to medical appointments, home modifications, and childcare expenses, for example.

To prove your claim for economic damages, you must keep detailed records of all expenses and financial losses related to your injury. A New York personal injury attorney can help you gather and organize this information in order to present a persuasive case for full compensation.

Non-Economic Damages

Non-economic damages, often referred to as general damages, are more subjective. These damages compensate for the nonmonetary losses you've suffered due to your injury.

Types of non-economic damages include:

• Pain and suffering: The physical pain and discomfort you've experienced due to your injury.
• Emotional distress: Mental anguish or symptoms of anxiety, depression, and post-traumatic stress disorder (PTSD) that often accompany serious injuries.
• Loss of enjoyment of life: The loss of opportunities to enjoy your favorite hobbies and pastimes.
• Loss of consortium: The impact of the injury on your personal and family relationships.

During your consultation, a New York personal injury lawyer at the Jacob D. Fuchsberg Law Firm can explain these methods further. Together, we can calculate an amount that adequately reflects the impact of your injury on your life.

5 Factors Affecting NY Personal Injury Damage Awards

While many things influence the amount of damages awarded in a personal injury case, these are the five most significant factors.

1. Severity of Injuries

The extent of your injuries is a critical factor in determining the amount of compensation you may receive. More severe injuries, such as paralysis, internal injuries, or brain damage, typically result in higher awards. Injuries that heal quickly will likely result in lower awards for both general and special damages.

2. Impact on Daily Life

The impact of your injuries on your daily life is also important. If your injury significantly affects your ability to work, perform daily activities, or enjoy time with your family, you may be entitled to higher compensation to account for this reduction in your quality of life.

3. Insurance Coverage

The at-fault party's insurance policy can affect how much compensation you eventually receive. If your losses exceed the policy limit, you can try to recover the remaining amount from the defendant themselves. But if the defendant has few resources, you may be unable to recover all of your losses.

4. Strength of Evidence

The strength of evidence supporting your claim is crucial. This includes medical records, witness testimony, and expert opinions. Strong evidence can demonstrate the severity of your injuries and the impact they have had on your life, increasing the likelihood of a higher award.

5. Comparative Negligence

New York follows a comparative negligence rule, which means that you can still recover damages from the defendant even if you are found to be partially at fault for the accident, although your damages may be reduced.

The percentage of your fault will directly impact the amount of compensation you receive. Therefore, you and your lawyer will carefully assess your own role in the accident and prepare to address potential comparative negligence claims.

New York Personal Injury Damages: Why Legal Representation Matters

When you're dealing with the physical and emotional aftermath of an injury, filing a lawsuit by yourself is just too much to handle. Negotiating for a fair settlement isn’t easy, either; insurance companies are motivated to minimize payouts to accident victims. Without proper legal representation, you might not receive the full compensation you deserve.

At the Jacob D. Fuchsberg Law Firm, our personal injury attorneys are well-versed in calculating damages. During your consultation, we’ll assess your case and discuss how we plan to seek fair compensation for all of your losses, both personal and financial.

Our Success Stories: NY Personal Injury Case Studies

At the Jacob D. Fuchsberg Law Firm, we don't just talk about helping people — we actually do it. Here are two stories that show how we've made a difference.

Family Vacation Gone Wrong: $7.5 Million Recovered

Imagine this scenario: A mom of three is on vacation with her family. Their rental car crashes and flips over. The roof caves in, and she's left paralyzed from the neck down. It's every family's nightmare.

We stepped in and took on both the car manufacturer and the rental company. We argued that the car wasn't built safely enough. After long negotiations, we won $7.5 million for our client. While this money did not undo her injuries, it helped her get the care she needed for the rest of her life.

Devastating Crash: $6.5 Million Settlement

In another case, our client was riding in the back seat of a car when an on-the-clock driver smashed into their vehicle head-on. The crash was so bad that even though our client was wearing a seat belt, they had serious internal injuries.

Partner Joe Lanni and Managing Partner Bradley S. Zimmerman dug deep into what happened. They discovered that the abusive and dangerous policies of the other driver’s employer had contributed to the crash. These attorneys brought in top experts and, after a few years of hard work, won our client $6.5 million.