Damages in a New York Personal Injury Case
When an individual is injured due to someone else’s negligence or wrongdoing, they may have the right to seek compensation through a personal injury claim. The financial compensation awarded in these cases is known as “damages.” Damages aim to restore the injured party, as much as possible, to the condition they were in before the accident. Damages typically fall into two main categories: economic damages and non-economic damages, with each classification including several sub-categories. Less commonly, another category of damages known as punitive damages may also be awarded.
Below we explain the different kinds of damages that may be appropriate in a personal injury claim. For help after a car or truck accident, slip and fall, construction accident or other instance of another’s negligence in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., for help from a skilled and experienced Goshen personal injury lawyer.
Economic Damages
Economic damages, also known as special damages, compensate for financial losses incurred due to an injury. These are tangible losses that can be objectively documented and calculated. The main kinds of economic damages include the following:
- Medical Expenses: Includes past and future costs for hospital stays, surgeries, doctor visits, prescription medications, physical therapy, and assistive devices. For example, a construction worker injured in a scaffold collapse may require extensive rehabilitation and ongoing medical care.
- Lost Wages: If an injury prevents the victim from working, they may recover compensation for lost income. For instance, a truck accident victim who suffers a spinal injury and is unable to work for months may receive reimbursement for lost wages.
- Loss of Earning Capacity: If the injury leads to a long-term or permanent disability that limits earning potential, compensation may be awarded. A delivery driver who sustains a severe back injury in a car accident may no longer be able to perform their job duties, significantly impacting their future earnings.
- Property Damage: When an accident damages a victim’s personal property, such as a vehicle in a car accident, they may be entitled to compensation for repairs or replacement.
Non-Economic Damages
Non-economic damages, also known as general damages, compensate for intangible losses that do not have a direct financial cost but significantly impact the victim’s life. Calculating non-economic damages is a more subjective process tied to the nature and extent of harm and other circumstances surrounding the accident and its aftermath.
- Pain and Suffering: This includes physical pain and discomfort caused by the injury at the time of the accident, during recovery, and into the future. A slip and fall victim who fractures a hip may endure chronic pain that affects their daily activities.
- Emotional Distress: Serious accidents can lead to anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological effects. A victim of a traumatic truck accident may suffer from nightmares and fear of driving. A car accident victim trapped in a vehicle with injured family members can experience severe distress that can and should be compensated.
- Loss of Enjoyment of Life: If an injury prevents a victim from participating in hobbies, sports, or activities they once enjoyed, they may be compensated for the impact of the injury on their quality of life. For example, a cyclist who is permanently disabled due to a construction site accident may no longer be able to enjoy their passion for biking.
- Loss of Consortium: If an injury affects the victim’s relationship with their spouse, compensation may be awarded for loss of companionship, affection, or support.
Punitive Damages
Unlike economic and non-economic damages, punitive damages are not intended to compensate the victim but rather to punish the wrongdoer and deter similar misconduct in the future. These damages, also known as exemplary damages, are awarded in cases involving egregious negligence or intentional misconduct. Gross negligence or conduct showing a reckless disregard for public safety can provide the basis for a punitive damages claim.
For example, if a trucking company knowingly allows unqualified drivers to operate large commercial vehicles, leading to a catastrophic crash, the court might impose punitive damages. Similarly, if a property owner repeatedly ignores dangerous conditions that lead to a severe slip and fall accident, they could be held liable for punitive damages.
Seeking Compensation for Your Injuries in Goshen and Orange County
Personal injury cases can be complex, and determining the full extent of damages requires a thorough evaluation of medical records, employment history, and expert testimony. Insurance companies often try to minimize payouts and rarely include the full range of damages in their settlement offers, making it essential to have skilled legal representation to advocate for fair compensation.
If you or a loved one has been injured due to someone else’s negligence in Orange County or the Hudson Valley, the experienced personal injury attorneys at Dupée & Monroe, P.C. are here to help. We will fight for your rights and work tirelessly to secure the compensation you deserve. Contact us today for a free consultation and learn how we can assist with your personal injury claim.
