Unfortunately, those injured due to another party’s negligence must deal with physical, emotional, and financial burdens that negatively impact their lives. Often, personal injury victims face overwhelming medical bills that they cannot afford, and extended hospital stays that prevent them from earning a living. When considering filing a lawsuit against a negligent party, many wonder what types of compensation are available to cover their incurred damages. If you have been injured due to someone else’s negligence, contact a knowledgeable New York City Personal Injury Attorney who can help you secure the fair compensation you deserve. Please continue reading to learn about the different types of compensation you can seek in a personal injury lawsuit.
What damages can I recover in a New York personal injury lawsuit?
In New York, if you have been injured due to someone else’s negligence or intentional wrongdoing, you are entitled to file a claim against that party to seek monetary compensation for the damages you have incurred due to the accident. Generally, in a personal injury lawsuit, you can seek compensation for your compensatory and punitive damages. Compensatory damages are intended to reimburse victims for their tangible and intangible losses. They are commonly broken down into the following categories:
- Special (economic) damages: Special damages, also called economic damages, include any quantifiable financial losses incurred. Some of the most common economic damages include, but are not limited to, the following:
- Past and future medical bills
- Past and future lost income
- Lost earning capacity
- Rehabilitation expenses
- Property damage
- Household services
- General (non-economic) damages: General damages, also called non-economic damages, are intended to compensate victims for intangible losses that cannot be measured objectively. Some of the most common non-economic damages include, but are not limited to, the following:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
In most personal injury cases, victims are awarded monetary compensation to reimburse them for their compensatory damages. However, unlike compensatory damages, punitive damages are rarely granted. Punitive damages are only awarded in a personal injury lawsuit when the responsible party is found “grossly negligent.” When a party is grossly negligent, they have shown that they have a severe disregard for the safety or lives of others. That said, punitive damages are not intended to compensate for any loss but to punish those who wantonly harm others. Essentially, they punish grossly negligent individuals to prevent them from exhibiting similar conduct in the future.
If you have been injured due to someone else’s negligence or intentional wrongdoing, it is in your best interest to retain the legal services of a skilled New York City personal injury attorney from the Law Office of Brian J. Elbaum who can help you fight for the rightful compensation to which you are entitled.