The answer to this question is very subjective – it is based on your unique set of circumstances. Let’s take a look at some of the applicable factors.
Economic Damages
Economic damages, also called special damages, refer to clear and calculable losses/expenses that have resulted from your accident and subsequent injuries.
- Current and future medical bills: Expenses for diagnosis, care and treatment of your accident-related injury
- Loss of income/earning capacity: Wages your injury has caused you to lose and projected future loss of earnings, where applicable
- various financial losses: Other out-of-pocket expenses caused by your injury, such as home care expenses and transportation costs you incurred to receive necessary medical care
- Damage to property: This may apply in car accidents
These expenses are the easiest to determine in a personal injury claim.
non-economic damages
These non-economic general damages are more complex and difficult to calculate. Careful documentation can help support your case when claiming these non-tangible damages. Some examples include:
- Pain and suffering
- emotional stress
- decreased quality of life
- permanent disfigurement
- permanent disability
- Loss of company/consortium
- Psychological/mental disability
Recovery of punitive damages may also be possible under non-economic damages, but is extremely rare in New York.
Contributory fault and negligence
What if you were partially at fault 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 crash, you may be partially at fault for the crash.
The law still allows you to claim damages, but the amount you can be awarded will be reduced based on your percentage of fault. Article 14-A, section 1411 of the New York Laws and Civil Practice Rules addresses contributory negligence in personal injury cases.
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Each case involves a review of these individual criteria to help determine the monetary value of the claim. Various valuation methods and models are then applied to help calculate dollar amounts of non-economic losses.
Don’t worry if you still have questions. At Mejias Milgrim Alvarado, we have experience handling personal injury claims and lawsuits in New York. Contact us to request a consultation and discuss your case with our responsive legal team.
In 2013, Dave was recognized as one of the Top Ten Legal Eagles by Long Island Pulse and won the Family Law category. Awardees are recognized by a select group of attorneys who review the experience and skills of their peers in Nassau and Suffolk counties.
