The Damages Victims Can Recover Through a Personal Injury Claim

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The Damages Victims Can Recover Through a Personal Injury Claim

Vehicular accidents, defective products, slip and falls, and other incidents can be physically, emotionally, and financially devastating. To help ease the burden, victims can file a personal injury claim.

A successful claim will allow the victim to collect compensation, also known as damages. In 2022, New York City spent $688.4 million on personal injury payouts, so the figures can be quite significant.

However, it is important to note that the amounts are not always large, as they depend on the type of damages included in the lawsuit.

Compensatory Damages

As per the name, compensatory damages aim to compensate victims for their expenses, such as medical bills and lost income. They can also recover from the pain and suffering they have experienced due to the incident.

1. Economic Damages

The first type of compensatory damages are economic damages. They are usually quantifiable and tangible.

Examples of economic damages are the following:

  • Medical bills
  • Lost wages or income
  • Property damage
  • Rehabilitation costs

2. Non-Economic Damages

In contrast to economic damages, non-economic damages compensate for intangible losses. They are comparatively difficult to calculate.

Here are some examples of non-economic damages:

  • Pain and suffering
  • Reduced quality of life
  • Shame or guilt
  • Emotional distress
  • Loss of consortium

Is There a Limit to Compensatory Damages?

Most US states implement a limit on the amount of compensatory damages a victim can sue for. That limit is also known as a damage cap.

However, there are no damage caps in New York City. Therefore, you can, theoretically, sue for as much as you want.

But to ensure the success of your claim, the amount you sue for must be backed by evidence. For example, you must present proof of economic damages, such as medical bills and receipts from professionals.

A personal injury attorney may also best advise on how much you can sue for and how to proceed with your claim.

Punitive Damages

Most people are familiar with the concept of compensatory damages. However, few may have heard of punitive damages.

These types of damages aim to punish the at-fault party and deter future offenders. In comparison, compensatory damages are for the benefit of the victim or plaintiff.

Punitive damages are rarely awarded by New York City courts for personal injury cases. However, if they do so for your claim, it is important to know that there is no cap for these damages.

Can Recoverable Damages Be Reduced in New York?

Although New York City does not limit the amount you can claim for personal injury, it does consider contributory negligence.

That is, if the at-fault party or defendant can prove that the victim contributed to the accident, then the amount they will receive in damages may be reduced.

The reduction is proportionate to the victim’s fault. For example, a victim is asking for $100,000 as damages for a personal injury. However, they were found to be 30% at fault, thus, they may only receive $70,000.

Note, though, that although New York City recognizes contributory negligence, it follows the pure comparative fault doctrine. Thus, even if you are 10% or 99% at fault, you will receive damages, just reduced by the victim’s proportion of fault.

In contrast, a few states do not allow victims to collect damages, even if they are only 1% at fault. Meanwhile, most states prevent victims from receiving damages if they are 50% or more at fault.

Is There a Deadline to Recover Damages Through a Personal Injury Claim?

Part of ensuring a successful personal injury claim is to file it on time. In New York, the “deadline” or statute of limitations for personal injury cases varies.

Specifically, the statutes for car accidents, slip and fall, and product liability are the same: three years after the accident. However, for medical malpractice, it is two years and six months.

Therefore, to know the exact deadline for your personal injury claim, it is best to inquire with a personal injury attorney. They can determine the exact date based on your case and evidence, and they may also advise on how to file the claim.

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