What Damages Are Available in a NY Personal Injury Case?
When someone is injured due to the negligence or misconduct of another, they may be entitled to recover monetary damages. In New York, these damages are primarily divided into two categories:
- Compensatory damages. These damages aim to compensate the injured person for their losses. They can be further divided into the following categories:
- Non-economic damages.
- Economic damages.
- Punitive damages. While compensatory damages are designed to reimburse the injured party, punitive damages serve to penalize the wrongdoer and discourage future misconduct. These are usually granted in situations where the defendant's behavior was especially egregious, malicious, or reckless.
What Are Economic Damages?
Economic damages are the actual financial losses you suffer due to someone else's negligence. Think of it like this: if a car accident caused by another driver injures you and damages your car, economic damages would cover things like your medical bills, lost wages while you recover, and the cost to repair your vehicle. These are concrete financial losses that can be calculated and compensated.
What You Need to Calculate Your Economic Damages
You should collect the following documents to calculate your economic damages:
- Medical records and bills. This includes all bills and records related to your injury, such as hospital stays, doctor visits, surgeries, medications, and rehabilitation. You should also collect any dental expenses incurred due to the injury, which should be documented.
- Pharmacy receipts. Keep all receipts for prescription medications related to the injury.
- Psychiatric or therapist bills and receipts. Documentation of mental health treatment linked to the injury is important.
- Proof of lost wages. Gather pay stubs, tax returns, W-2 forms, or employment contracts to show lost income. Correspondence with your employer about your leave of absence can also be helpful.
- Proof of property damage. Collect repair estimates, invoices, vehicle repair bills, car rental receipts, replacement item receipts, and before-and-after photos of damaged property.
- Other supporting documents. This includes police reports, witness statements, expert reports (medical, economic), correspondence with insurance companies, and banking records related to lost wages.
By gathering this documentation, you will have a strong foundation for calculating your economic damages. It is important to consult with your attorney about what specific documents you will need as it can vary based on your case and injuries.
Comprehensive Counsel
Law Offices of Charles R. Gueli is backed by over two decades of experience. Our attorney is committed to helping clients calculate their damages and pursue compensation for their injuries.
We handle a range of personal injury claims, including the following:
- Bicycle accidents
- Car accidents
- Construction accidents
- Drunk driving accidents
- Medical malpractice
- Motorcycle accidents
- Pedestrian accidents
- Trucking accidents
- Wrongful death
Our firm works on a contingency fee basis, which means you don’t pay a fee until we win your case. In addition to making ourselves available to our clients 24/7, we can also conduct home and hospital visits to discuss your case if needed.
Our attorney served previously as a trial lawyer for a national insurance company. This experience allows us to anticipate and plan for tactics used by opposing counsel when it comes to trying to lowball clients with their settlement offers.
Each of our clients receives personalized care and attention. We understand how impactful accidents and resulting injuries can be on your health and finances, and we can work tirelessly to get you the compensation you need and deserve.
Contact us at (516) 628-6402 or complete our contact form to schedule an initial consultation.