When it comes to New York personal injury law and understanding damages in your personal injury case, there are numerous unfamiliar terms used in the countless legal and medical documents in a personal injury case that can seem overwhelming to just about anyone.
One area that can be confusing for many personal injury law clients is the compensation they are entitled to after they have been injured due to the negligence and conduct of someone else. An example of these types of compensable personal injuries could include those that result from automobile accidents, motorcycle crashes, truck wrecks, and slip and falls just to mention a few. Speaking to a Syracuse personal injury lawyer like those at McMahon, Kublick & Smith law office, who have decades of experience with personal injury cases can be invaluable. The following may give you a rough idea how much your case may be worth.
The compensation that a personal injury victim is entitled to legally is referred to as “damages.” Special damages in a personal injury case is broken down into three main categories which are economic damages, non-economic damages and permanent impairment and disfigurement. In certain cases, punitive damages and/or loss of consortium damages may also be available.
Economic Damages in Personal Injury Law Cases
Economic damages also come into consideration when it comes to understanding damages in your personal injury case, The easiest to calculate is the economic damages. These are typically quantifiable, in the sense that they can be calculated. These damages include any past and future medical expenses due to personal injury, lost wages and diminished earning capacity, prescription drug costs. The economic damages are often established through medical bills and invoices, as well as expert testimony.
Non-Economic Damages in Personal Injury Claims
Non-economic damages are a little more difficult to quantify. They commonly refer to human losses, and are often the most serious injuries in a case. Non-economic damages include the pain and suffering, loss of enjoyment of life, mental stress and anguish, inconvenience, and loss of sleep that is directly caused by the negligence of another. Non-economic damages are usually established through the testimony of those who are close to a personal injury victim. Non-economic damages are not capped by statute in the state of New York. This means that a jury could award a personal injury victim an amount that fairly compensates them for their non-economic losses based upon the individual circumstances of the case.
Permanent Impairment and Disfigurement Considerations
Permanent impairment and disfigurement are damages to compensate a victim when they have suffered a permanent impairment or disfigurement. Examples of these impairments include permanent loss of range of motion, pain that lasts multiple years, metal hardware and screws in the body, cognitive impairment, loss of vision or hearing, etc.
Disfigurement often refers to scarring, but can overlap with permanent impairment where, for example, limbs have been lost. These types of damages depend heavily on the facts of the case and the severity of the injury.
Punitive Damages in Personal Injury Cases
Punitive damages may be awarded in personal injury cases where a person that has caused harm acted in a willful or malicious way. These damages are intended to punish the defendant for their conduct and deter others in society from behaving the same way in the future. Punitive damages are not available in every case.
Loss of Consortium Damages
The loss of consortium damages are damages that are available for the loss of familial benefits suffered by the spouse or family member of a person who has been injured or killed as a result of a defendant’s negligent, intentional, or otherwise wrongful acts.
Syracuse Personal Injury Lawyers
At McMahon, Kublick & Smith law office, our Syracuse personal injury lawyers understand that the terms and nuances of a personal injury case are very complex. Let our experienced personal injury attorneys help you every step of the way to ensure that you fully understand your case, and receive the compensation you deserve. For more information on how we can help you and a free case evaluation, contact the veteran Syracuse personal injury attorneys at McMahon, Kublick & Smith at (315) 424-1105 or by email.
