The answer to this question is highly subjective – it’s based upon your unique set of circumstances. Let’s take a look at some of the applicable factors.
Economic damages, also called special damages, refer to clear, calculable losses/expenses that have resulted from your accident and subsequent injuries.
- Current and future medical bills: Expenses for diagnosis, care, and treatment for your accident-related injury
- Lost income/earning capacity: The wages your injury has caused you to lose and projected future income loss, when applicable
- Misc. financial losses: Other out-of-pocket expenditures caused by your injury, like home aide expenses and transportation costs that you incurred in order to receive your necessary medical care
- Property Damage: This may apply in auto accidents
These expenses are the easiest to determine in a personal injury claim.
These non-economic general damages are more complex and harder to calculate. Meticulous documentation can help support your case when claiming these non-tangible damages. Some examples include:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Permanent disfigurement
- Permanent disability
- Loss of companionship/consortium
- Psychological/Mental Impairment
The recovery of punitive damages may be possible under non-economic damages, as well, but is extremely rare in New York.
Blame and Contributory Negligence
What if you were partially to blame for your accident? For example, you were injured in a car accident because the other driver ran a red light. If you were speeding, which contributed to your ability to stop in time to avoid the collision, you may bear partial fault for the crash.
The law still allows you to pursue damages, but the amount you may be awarded will be reduced by your percentage of blame. Article 14-A, section 1411 of New York’s Civil Practice laws and Rules addresses contributory negligence in personal injury cases.
Each case involves a review of these individual criteria to help determine the monetary value of the claim. Various methods and models of valuations are then applied to help calculate the dollar amounts of the non-economic losses.
Don’t worry if you still have questions. At Mejias Milgrim Alvarado, we’re experienced in handling personal injury claims and lawsuits in New York. Reach out to request a consultation and discuss your case with our responsive legal team.