A serious injury is never just a single event. It’s the stone dropped in the calm water of your life, and the ripples spread further than you could ever imagine. The first ripple is the immediate pain and the chaos of the accident scene. The next are the hospital stays and the confusing medical jargon.
Soon, they reach your kitchen table in the form of mounting bills, your job with calls about when you can return, and your family as plans are canceled and routines are shattered. While you’re trying to focus on healing, these ever-widening circles of stress and uncertainty can feel like they’re pulling you under.
How do you begin to calm the waters? The first step is understanding that you are not expected to bear these burdens alone. The law provides a path to hold the responsible party accountable for every single ripple they caused. This is done by seeking “damages”—a legal term for the financial resources needed to cover your losses, restore your stability, and give you the space to finally focus on your recovery.
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Key Takeaways about What Kind of Damages You Can Sue For
- Damages in a personal injury case refer to the financial compensation awarded to an injured person for the losses they have suffered.
- There are three main categories of damages: economic (for measurable financial losses), non-economic (for intangible suffering), and punitive (to punish extreme wrongdoing).
- Economic damages include concrete costs like medical bills, lost wages, and future lost earning capacity.
- Non-economic damages cover intangible harms such as physical pain, emotional distress, and loss of enjoyment of life.
- New York law allows injured parties to recover compensation even if they are partially at fault, though their award may be reduced.
- The value of a claim depends on many unique factors, including the severity of the injury and the strength of the evidence presented.
Understanding "Damages": The Law's Way of Making Things Right
In the context of a personal injury lawsuit, "damages" is the legal term for the money awarded to an injured person (the plaintiff) to compensate them for the harm caused by another party's (the defendant's) negligence. The fundamental goal of awarding damages is to, as much as possible, restore you to the financial position you were in before the accident occurred.
Think of it as an attempt to balance the scales. While no amount of money can erase the trauma or reverse a serious injury, it can provide the critical financial stability needed to cover your expenses, access proper care, and alleviate the burdens placed on you and your family. This allows you to focus on what truly matters: your recovery.
The Building Blocks of Your Claim: Economic Damages
The most straightforward types of damages to understand are economic damages, sometimes called "special damages." These represent the tangible, out-of-pocket financial losses you have incurred or will incur because of your injury. They are the losses that can be calculated and proven with receipts, bills, and pay stubs.
Covering Your Medical Care
An injury can set off a cascade of medical expenses that quickly become overwhelming. Economic damages are designed to cover all reasonable and necessary medical treatment related to the accident, both now and in the future.
- Emergency Services: This includes the cost of the ambulance ride from the scene, emergency room treatment, and initial hospital stays.
- Ongoing Medical Treatment: Follow-up doctor’s appointments, surgeries, diagnostic tests like MRIs and X-rays, and prescription medications are all covered.
- Rehabilitative Care: This encompasses physical therapy, occupational therapy, and any other form of rehabilitation needed to regain function and mobility.
- Future Medical Needs: For catastrophic injuries, damages can also account for anticipated future medical costs, such as additional surgeries, long-term care, in-home nursing assistance, or specialized medical equipment.
Calculating these future costs often requires detailed analysis from medical and financial professionals to create a comprehensive life care plan, ensuring your needs will be met for years to come.
Recovering Your Lost Income
A serious injury almost always means time away from work. For many New Yorkers, missing even a few paychecks can create immense financial strain. Economic damages address this by compensating you for lost income. This isn't limited to the time you've already missed; it also considers the injury's long-term impact on your ability to work.
- Lost Wages: This is the income you lost while you were unable to work during your recovery.
- Loss of Earning Capacity: If your injury prevents you from returning to your previous job or limits you to lower-paying work, you can seek damages for the difference in your potential future earnings. This is particularly crucial in cases of permanent disability.
This compensation accounts for not just your salary but also lost benefits, bonuses, and retirement contributions you would have earned had the accident not happened.
Addressing Other Financial Burdens
Life doesn't stop after an injury, but it often becomes more expensive. Economic damages can also cover other miscellaneous costs that arise directly from your accident. This could include the cost of modifying your home to be wheelchair accessible, paying for transportation to and from medical appointments if you can no longer drive or navigate the MTA, or repairing or replacing property that was damaged in the incident, such as your car.
Accounting for the Unseen Costs: Non-Economic Damages
While economic damages cover the calculable losses, some of the most profound effects of a serious injury aren't found on a spreadsheet. Non-economic damages, or "general damages," are intended to compensate you for the intangible, personal, and emotional suffering you have endured. These losses are subjective, but they are incredibly real and can have a devastating impact on your quality of life.
What is "Pain and Suffering"?
This is perhaps the most well-known type of non-economic damage. It encompasses the physical pain, discomfort, and emotional distress caused by the injury and its aftermath. This includes, but is not limited to:
- The immediate physical pain from the injury itself.
- Chronic pain that may persist long after the initial recovery.
- The discomfort and pain associated with medical treatments and rehabilitation.
- The emotional and psychological trauma, which can manifest as anxiety, depression, fear, insomnia, or post-traumatic stress disorder (PTSD).
Proving pain and suffering often involves testimony from you, your family, and mental health professionals, as well as thorough documentation in your medical records.
Loss of Enjoyment of Life
A serious injury can rob you of the ability to participate in activities and hobbies that once brought you joy. This is known as loss of enjoyment of life, or "hedonic damages." It recognizes that your life has been fundamentally altered. Perhaps you can no longer play catch with your kids, take long walks through Central Park, participate in your weekly sports league, or pursue a passion like painting or playing music. This compensation acknowledges the profound loss of being unable to live your life to the fullest.
The Impact on Your Relationships
In some cases, a catastrophic injury can severely affect the relationship between the injured person and their spouse. "Loss of consortium" refers to the loss of companionship, affection, support, and intimacy within a marriage. A spouse may file a claim for these damages, recognizing that they, too, have suffered a significant loss as a result of the defendant's negligence.
When Negligence is Extreme: Punitive Damages
In very rare circumstances, a third type of damages may be awarded: punitive damages. Unlike economic and non-economic damages, which are designed to compensate the injured person, punitive damages have a different purpose. They are intended to punish the defendant for conduct that was particularly reckless, malicious, or fraudulent and to deter them and others from engaging in similar behavior in the future.
Punitive damages are not awarded in typical negligence cases, such as a simple car accident or slip and fall. They are reserved for situations involving extreme misconduct, such as a company knowingly selling a dangerous product or a driver intentionally causing harm. The standard of proof is much higher, and these awards are uncommon in New York personal injury law.
How is the Value of a Claim Determined in New York?
There is no simple calculator to determine the exact value of a personal injury claim. Every case is unique, and the final amount of damages depends on a complex interplay of specific facts and legal principles. One important principle in New York is the rule of pure comparative negligence. This means that even if you are found to be partially at fault for the accident, you can still recover damages. However, your total award will be reduced by your percentage of fault. For instance, if you are awarded $100,000 but found to be 20% at fault, your recovery would be reduced by 20% to $80,000.
Unlike some states, New York does not place a cap on the amount of economic or non-economic damages a person can recover in a personal injury case. This is especially important for individuals who have sustained catastrophic, life-altering injuries, as it allows for a recovery that fully reflects the immense scope of their losses.
Several key factors are considered when evaluating the potential damages in a claim:
- The Severity and Permanence of the Injury: A more severe and long-lasting injury will generally result in a higher valuation.
- The Total Amount of Medical Bills: Both past and projected future medical expenses are a cornerstone of the calculation.
- The Amount of Lost Income and Impact on Future Earnings: A clear demonstration of financial loss is crucial.
- The Strength of the Evidence: The ability to clearly prove the other party's negligence is fundamental to any recovery.
- The Credibility of All Parties and Witnesses: How a jury perceives the people involved can significantly influence the outcome.
Because so many variables are at play, understanding the potential value of your case requires a thorough and personalized analysis by a legal professional.
FAQs: Damages You Can You Sue For
Here are answers to some common questions people have about seeking compensation after a serious injury.
What is the difference between a settlement and a verdict?
A settlement is a voluntary agreement reached between the injured person and the at-fault party (or their insurance company) to resolve the case for an agreed-upon amount of money, usually before a trial begins. A verdict is a decision made by a judge or jury at the end of a trial, which determines who is at fault and the amount of damages to be awarded. The vast majority of personal injury cases are resolved through settlements.
Do I have to pay taxes on the money I receive?
According to the Internal Revenue Service (IRS), compensation for physical injuries or physical sickness is generally not considered taxable income. This applies to both economic and non-economic damages. However, punitive damages are typically taxable, as is any portion of a settlement that compensates for lost wages that would have been taxed. Tax implications can be complex, and it is wise to consult with a financial professional.
How long do I have to file a personal injury lawsuit in New York?
This time limit is called the statute of limitations. For most personal injury claims in New York, you have three years from the date of the accident to file a lawsuit. There are exceptions to this rule, so it is essential to understand the specific deadline that applies to your situation.
Can I still claim damages if my injury made a pre-existing condition worse?
Yes. Under a legal principle known as the "eggshell skull" rule, a negligent party is responsible for all the harm they cause, even if the injured person was more susceptible to injury due to a pre-existing condition. You can seek damages for the aggravation or worsening of that condition caused by the accident.
Queller Fisher: A Trusted Lawyer for Your Journey Ahead
At Queller Fisher, we are committed to providing compassionate guidance and relentless representation for those who have been seriously harmed by negligence. We are not a high-volume law firm; instead, we focus on a select number of significant injury cases, allowing us to give each client the personalized attention and thorough preparation their case deserves.
With decades of combined experience, our personal injury attorneys have a long track record of holding negligent parties accountable and recovering the resources our clients need to rebuild their lives.
If you or a loved one has suffered a life-changing injury, we are here to listen to your story. Contact us today at (212) 406-1700 or through our online form for a free, confidential consultation to discuss your legal options and learn how we can help you pursue the justice you deserve.