How Do Personal Injury Lawsuits Compensate Victims for Damages?
Every state has its own laws regulating personal injury compensation for damages. Based on liability of the other party, an accident victim can recover compensation for damages. However, without the existence of damages, no grounds exist to pursue a case.
New York State adjudicates personal injury cases based on pure comparative negligence law. In other words, the judge or jury reduces compensation for damages based on the victim’s percentage of contribution. For example, it the judge decided the victim’s actions were 25% at fault for causing the accident, the victim can recover 75% of the damages.
What Types of Personal Injury Compensation for Damages Are Available?
There are three main types of compensation in a personal injury case.
Economic damages refer to the tangible expenses incurred as a result of physical injury or property damages. Examples include:
- Doctor and hospital care
- Medical treatment
- Physical therapy
- Ambulance costs
- Medicine and prescription drugs
- Nursing home care
- Domestic services
- Medical equipment
- Lost wages
- Future lost wages
- Future medical expenses
- Increased living expenses
- Property repair or replacement
- Transportation expenses
Non-economic damages are compensation not based on monetary costs. Damages may include compensation for the following:
- Long term physical pain and suffering
- Mental distress
- Loss of enjoyment of life
- Loss of opportunity
Sometimes courts award punitive damages as a deterrent against similar future occurrences. Typically, courts only award punitive damages when actions causing injury have been egregious and the victim’s expenses are high.
Have You Suffered Serious Injury Caused by Someone Else’s Negligence?
If so, you should speak with an experienced attorney who can explain your rights. Find out whether you have grounds to sue for damages. Initial consultations are free. Our fees are part of the compensation recovered, but only if we win or settle the case.