If you have been injured in a traumatic incident such as a car accident, slip-and-fall or trip-and-fall accident in New York, one of the most pressing questions you may have is: “What is the just compensation and value for all my losses?” An experienced personal injury attorney can help you best answer this as it depends on each case. The value of a case is determined by examining the unique facts of the case, the severity and extent of the injuries and how the accident has had an impact on your life — financially, physically and emotionally.
Here are some of the main considerations for assessing value/worth in personal injury claims in New York.
Economic Damages
Economic damages are the measurable financial losses that result directly from your accident. These typically include:
Medical expenses: Past and future medical bills are central to any personal injury claim. This includes emergency room care, hospitalization, surgeries, rehabilitation, prescription medications, physical therapy and any ongoing treatment. If your injury requires longterm care, those costs are factored in as well.
Lost wages and benefits: If you missed work due to your injuries, you are entitled to compensation for the income and benefits that you lost. In cases of permanent disability or reduced earning capacity, future lost wages are also considered.
Out-of-pocket expenses: Transportation to medical appointments, home modifications or hiring help for tasks you can no longer do yourself may also be included in your claim. In New York, because the state follows a no-fault insurance system for motor vehicle accidents, your own insurance will cover your medical bills and lost wages up to a certain limit (generally $50,000). However, if your injuries are deemed serious under New York law — such as significant disfigurement, fracture, permanent limitation of a body organ, or substantial disability for 90 days or more — you can pursue additional damages against the at-fault party by filing a personal injury lawsuit.
Non-Economic Damages
Non-economic damages compensate you for the intangible losses that do not come with receipts or bills but have a real impact on your life. These may include:
Pain and suffering: Compensation for the physical pain caused by your injuries, both short-term and chronic.
Emotional distress: Anxiety, depression, PTSD or loss of enjoyment of life that results from the accident.
Loss of consortium: If your injuries have negatively affected your relationship with your spouse or family, damages may be awarded for that loss.
In New York, non-economic damages often represent the largest portion of a personal injury claim, especially in cases involving long-term or permanent injuries. Insurance companies and juries typically calculate these damages based on the severity and duration of your suffering, the extent to which your daily life has been disrupted and expert testimony about your future outlook.
Punitive Damages
While less common, punitive damages may be awarded in cases where the defendant’s conduct was especially reckless, malicious or intentional. For example, if you were injured by a drunk driver or in a hit-and-run accident, a court may award punitive damages to punish the wrongdoer and deter similar behavior in the future. These damages are not tied to your direct losses but instead serve as a penalty for the defendant’s conduct.
Insurance Limits Could Become a Factor
Even if your case is worth a large amount on paper, the actual recovery may depend on the insurance policies available. If the at-fault driver or party has limited coverage, your compensation might be capped by those policy limits unless you can pursue additional recovery through your own uninsured/underinsured motorist coverage or by going after the defendant’s personal assets.
In motor vehicle cases, New York law requires minimum liability coverage of $25,000 per person for bodily injury and $50,000 per accident, which may not fully cover catastrophic injuries. This is an important reason to seek the counsel of an experienced personal injury lawyer who will examine all possible avenues of compensation, including multiple insurance policies, umbrella coverage or third-party liability.
Personal injury attorneys in New York often work with experts such as doctors, economists and vocational specialists, etc. to estimate the value of your case. These experts can provide testimony about your medical prognosis, your ability to return to work and the long-term costs of care.
Contacting an Experienced Lawyer
If you or a loved one has been injured as a result of someone else’s negligence or wrongdoing, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 54 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. We also recovered $1,500,000 for a lady who was hurt by a bus.
We also obtained $295,000 out of a $300,000 insurance policy in compensation for the victim of a bicycle dooring accident (where a car door opens into the path of a bicyclist). One of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases. Also, we got a $1,400,000 verdict in a motorcycle accident.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com