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What Kinds of Damages Are Recoverable in New York Car Accident Claims? January 11, 2019

Batavia, Genesee
What Kinds of Damages Are Recoverable in New York Car Accident Claims?, Batavia, New York

It’s easy to underestimate the financial impact of a car accident. Even if you have adequate auto coverage and health insurance, the unanticipated expenses associated with treating the resulting injuries can add up quickly. Fortunately, you may be able to recover compensation for all of them by suing those liable for the wreck. Here are the kinds of damages that can be recovered by filing a personal injury claim in New York. 

Economic Damages

Economic damages are tangible, calculable losses like ambulance fees, medical expenses, home care, domestic help, and property damage. They may also include lost wages due to missed work and, if the claimant is unable to return to work at all, loss of earning capacity. Estimating the total economic damages that an injured party incurs is fairly straightforward because most of them are accompanied by receipts, records, or invoices. 

Non-Economic Damages

car accidentNon-economic damages, while intangible, are every bit as real for accident victims as the monetary losses they incur. In the state of New York, claimants may recover compensation for non-economic damages like pain and suffering, disfigurement, loss of enjoyment of life, permanent disability, and loss of consortium. There are a few widely accepted formulas for calculating non-monetary losses, including the per diem method and the multiplier approach. 

Punitive Damages

In certain scenarios, claimants may be entitled to punitive damages. Unlike compensatory damages, which aim to compensate the plaintiff for both monetary and non-monetary losses, punitive awards intend to punish the defendant. In New York, injured parties must prove the defendant acted with total disregard for their safety or life in order to recover a punitive award. In other words, most car accidents do not warrant punitive damages. Collision scenarios that might call for more than compensatory damages include those involving drunk drivers, street racers, and other grossly negligent motorists. 

 

If you were hurt in a car accident in New York, turn to Daniel R. McComb Attorney at Law for help pursuing the above damages. Located in Genesee County, NY, this personal injury attorney has nearly four decades of experience helping accident victims regain their financial footing. He also assists clients with estate planning, Social Security disability, debt relief, divorce, workers’ compensation, and child custody. To learn more about his experience in personal injury law, visit his website. To schedule a meeting to discuss your car accident, call (585) 343-2250. 

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