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What Damages Are Recoverable in New York Personal Injury Cases?

What Damages Are Recoverable in New York Personal Injury Cases?If you’re like most adults in the U.S., missing a single week of work would cause you to fall behind on essential bills. According to CBS News, nearly 80 percent of American workers live paycheck to paycheck.

That means if you develop an unanticipated illness or injury, your financial security could be in jeopardy even if you have adequate health insurance. A serious injury can cost a small fortune in lost wages, home care, and other expenses.

If another party was at fault for your accident, though, you may be able to recover compensation for your damages by filing a personal injury claim. Unfortunately, the path to a fair settlement is riddled with legal hurdles, and one small mistake could be all it takes to derail your case.

This is where a New York personal injury attorney can help.

At LoTempio P.C. Law Group, we understand what’s at stake for you and your family. Our accident lawyers will help you navigate every step of the claims process and fight for the full compensation you deserve. Call 716-855-3761 to schedule a free case evaluation.

Read on to learn about the kinds of damages that may be available in New York personal injury claims:

Compensatory Damages

Compensatory damages are intended to make the injured party “whole” again. In other words, they compensate the claimant for losses incurred as a result of the incident.

There are two kinds of compensatory damages: general and special. General damages are non-monetary losses like pain and suffering, scarring and disfigurement, mental anguish, emotional distress, loss of consortium, loss of enjoyment of life, and lost opportunity.

Special damages, on the other hand, are objectively verifiable losses. They refer to the economic costs incurred as a result of the accident such as:

  • Past and future medical expenses;
  • Home care;
  • Rehabilitation;
  • Medical equipment;
  • Home modifications;
  • Accessible vehicles and/or transportation;
  • Domestic help and/or childcare;
  • Lost wages;
  • Loss of earning capacity; and
  • Property damage.

Punitive Damages

Although most personal injury cases do not warrant punitive damages, they may be awarded if the liable party’s behavior was particularly egregious. In the state of New York, plaintiffs may be able to obtain punitive damages if the defendant’s actions constituted:

  • Willful negligence;
  • Wanton recklessness;
  • Maliciousness;
  • A high degree of immorality;
  • A conscious disregard for the safety, health, or rights of others; or
  • Fraudulent or dishonest intentions that implied a criminal indifference to civil obligations.

Call 716-855-3761 to Speak with a Personal Injury Attorney in New York

If you were hurt because of another party’s negligence and you would like to know which types of damages to pursue, contact the personal injury attorneys at LoTempio P.C. Law Group. Our legal team has more than 200 years of combined experience practicing law. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a New York personal injury lawyer.

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1 Response
  1. I’ve been suffering from a lot of sleepless nights lately because I was almost run over by a truck as I was crossing the street last Friday, and I have not been the same ever since. Thanks for informing me that emotional distress is a kind of personal injury that typically falls under compensatory damages. I guess it would make sense to hire a lawyer for this so I can clarify if the event that I experienced can be a valid claim or not.

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