Determining the Value of Your NY Personal Injury Case

Lever & Ecker, PLLC February 7, 2022 Personal injury

Personal injury accidents often happen when you least expect it, and they may cause you or a loved one to suffer severe injuries and damages. The pain and suffering, hospital fees, treatment costs, loss of income, and other financial burdens can cause you to feel overwhelmed and frustrated. However, you can obtain legal assistance and representation if your accident results from another person’s careless, negligent, or reckless actions.

Suppose you are crossing the street and a driver fails to stop at the intersection and hits you. With the help of a personal injury lawyer, you can seek compensation for the losses you suffer from the accident. They will work for you to determine your losses and pursue the legal process on your behalf to obtain compensation for your pain and suffering and other damages.

What Types of Damages Can I Recover from My Personal Injury Case?

While a personal injury lawyer can give you specific details about your case, you may be wondering how much you can recover from an accident. The damages you suffer in an accident are recoverable when you seek to hold the responsible party accountable for their negligence. The following are two categories your damages can fall under:

Compensatory Damages

Most of the damages in a personal injury case are going to fall under compensatory damages. Compensatory damages are intended to make an individual “whole,” meaning compensation for your pain and suffering, as well as financial and other losses incurred due to the accident and injuries sustained. Some compensatory damages, such as property damage or medical bills, are easier to quantify than others, such as pain and suffering. Compensatory damages can include:

  • Pain and suffering (including surgeries, and both until the present and into the future, if applicable)
  • Lost income (both until the present and into the future, if applicable)
  • Lost work capacity
  • Medical treatment, including out-of-pocket expenses
  • Property loss

Physical injuries and damages are the only types of compensatory damages. Many people suffer from emotional distress and post-traumatic stress disorder following their incident, and compensatory damages may include the psychological impact of the injury, and/or the loss of enjoyment of life.

Punitive Damages

In cases where the defendant’s conduct is especially shocking or reckless, punitive damages can be awarded to the individual who suffers injuries. Punitive damages are meant to punish the negligent party as a deterrent to prevent others from committing similar acts. While punitive damages are only awarded in specific circumstances, you can talk with a lawyer at Lever & Ecker, PLLC to discover if you may be able to recover punitive damages.

Every case is unique, so speaking with a New York personal injury lawyer can help accurately determine the value of your claim. The sooner you contact a personal injury attorney, the more time they have to gather the information and documents needed to investigate your claim.

Can New York’s “No-Fault” Insurance Rules Affect My Personal Injury Case?

New York is a no-fault state, which means that if you are injured in a car accident, you can receive reimbursement for the cost of your causally related and medically necessary medical bills and lost wages, regardless of who is at fault for the collision. All automobile insurance policies must have personal injury insurance that covers medical expenses, loss of income, and other incidental non-medical expenses in case of an accident.

However, this does not mean that an individual cannot take legal action against a negligent driver for the harm, pain, and suffering they cause due to their negligent conduct. If you suffer serious injuries (as defined under the law) due to the negligence of another, you have the right to pursue a personal injury claim for the injuries and damages you suffer. Working with a personal injury attorney can help provide you with the tools and resources for a successful personal injury claim.

Contact an Experienced New York Personal Injury Lawyer at Lever & Ecker, PLLC

The physical, emotional, and financial losses you suffer after an accident can cause you to struggle and can take your focus away from recovering. With an experienced personal injury lawyer at Lever & Ecker, PLLC representing you, you can recover your losses and hold the person or entity responsible for their negligent behavior. Our goal is to provide you with the best possible outcome, so our firm provides legal services tailored to you and your case.

Our team has 60+ years of combined experience working with New York residents to recover the compensation they deserve. We are proud to show our positive past results and testimonials, so you can trust that we will do everything in our power to help you with your legal situation.

To schedule a free consultation and learn more about how our team can help you, call us today at (914) 350-6328 or (718) 550-6924 and fill out our contact form.