Calculating Damages in a New York Personal Injury Lawsuit
If you have been injured in an accident caused by someone else’s negligence, you may be entitled to compensation through a personal injury lawsuit. One of the most critical aspects of your case is understanding how damages are calculated. In New York, personal injury damages are designed to make victims whole by compensating them for the losses they have suffered. These damages fall into several categories, each reflecting different types of harm experienced by the plaintiff. Below we explain how damages are generally calculated in a personal injury claim. If you or a family member has been harmed by the negligence of another in Ulster County or the Hudson Valley, contact Rusk, Wadlin, Heppner & Martuscello, LLP, to speak with an experienced and successful Kingston personal injury lawyer.
Economic Damages: Quantifiable Financial Losses
Economic damages are intended to cover the measurable financial losses resulting from your injury. These damages are typically supported by bills, receipts, and other documentation, so calculating them is usually fairly straightforward. Examples of economic damages include:
- Medical Expenses: This includes costs for emergency care, hospital stays, surgeries, prescription medications, physical therapy, and future medical care if ongoing treatment is required.
- Lost Wages: If your injury prevents you from working, you can recover compensation for lost wages. This also includes loss of earning capacity if your injuries impact your ability to work in the future.
- Property Damage: For accidents involving property damage, such as car accidents, you can recover repair or replacement costs for damaged property.
- Other Out-of-Pocket Expenses: These can include transportation costs for medical visits, home modifications for accessibility, and the cost of hiring help for tasks you can no longer perform.
Non-Economic Damages: Intangible Losses
Non-economic damages address the intangible, non-monetary harm suffered by the plaintiff. These damages are often subjective and harder to quantify, requiring careful evaluation of the impact of the injury on your life. Common types of non-economic damages include:
- Pain and Suffering: This compensates for the physical pain and emotional distress caused by the injury.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you once enjoyed, you may be entitled to compensation.
- Loss of Consortium: In cases where a spouse’s relationship with the injured party is negatively impacted, damages may be awarded to the spouse for loss of companionship and support.
Punitive Damages: Punishment for Gross Negligence or Malice
In appropriate cases, punitive damages may be awarded to punish the defendant for egregious or malicious conduct and to deter similar behavior in the future. Punitive damages are not tied to the plaintiff’s specific losses but are awarded based on factors such as the wealth of the defendant, the harm suffered by the plaintiff, and the extreme or outrageous nature of the defendant’s misconduct.
Factors Influencing Damage Calculations
Several factors can influence the amount of compensation you may recover in a New York personal injury lawsuit, including the following:
- Severity of Injuries: More severe injuries generally result in higher compensation due to increased medical costs, longer recovery periods, and greater impact on the victim’s life.
- Comparative Negligence: New York follows a comparative negligence rule, which means your compensation may be reduced if you are found partially at fault for the accident. For example, if you are 20% at fault, your damages will be reduced by 20%.
- Future Impact: The long-term effects of the injury on your health, career, and personal life will also be considered when calculating damages.
- Evidence and Documentation: The quality and quantity of evidence you present, such as medical records, expert testimony, and photographs of the injuries, can significantly influence the outcome.
The Role of a Personal Injury Attorney
Calculating damages in a personal injury lawsuit is a complex process that requires a thorough understanding of New York law and careful analysis of your case. An experienced personal injury attorney can help assess the full extent of your economic and non-economic losses. When necessary, they will work with experts, such as medical professionals and economists, to establish the value of future damages. Your lawyer will negotiate with insurance companies to secure a fair settlement and present a compelling case in court if necessary.
Why Choose Rusk, Wadlin, Heppner & Martuscello, LLP
At Rusk, Wadlin, Heppner & Martuscello, LLP, our attorneys have extensive experience helping accident and injury victims in Kingston and the Hudson Valley recover the compensation they deserve. We understand the challenges you face and are committed to guiding you through every step of the legal process.
If you or a loved one has been injured in an accident in Ulster County or the Hudson Valley, contact our firm today by calling 845-331-4100 in Kingston, 845-236-4411 in Marlboro, or toll-free throughout the Hudson Valley at 800-566-4101 for a free consultation. Let us help you calculate your damages and fight for the justice you deserve.
