Types of Compensation Available in Personal Injury Cases

Accident Victims are Entitled to Numerous Forms of Compensation for Their Injuries

Accidents can have serious implications for a person’s physical, psychological, and financial well-being. These accidents often cause people to incur a variety of different costs. According to the National Safety Council, “The calculable costs of motor-vehicle crashes are wage and productivity losses, medical expenses, administrative expenses, motor-vehicle damage, and employers’ uninsured costs.” Accident victims are entitled to numerous forms of damages through a personal injury claim.

1. Economic Damages

Accident victims are able to receive compensation for all of the financial losses that they incur. The financial losses associated with an accident can take many different forms.

• Medical Expenses: Most accident victims will incur costs related to hospital stays, surgeries, medication, and other medical bills related to their direct care. These expenses include all of the likely future costs that it will take to treat an injury.
• Lost Wages: When an injury is serious, it may require the victim to miss time away from work. All of the lost wages that a person suffers as a result of an injury can be taken into consideration for the total value of compensation that they receives.
• Loss of Earning Capacity: An accident may leave a victim with a permanent injury that impacts their ability to work. When an accident results in a person having a diminished earning capacity, they are able to be compensated accordingly.
• Property Damage: Accident victims can be compensated for all of the damage to property. This will usually entail at least some cost to repair a vehicle in the event of a car accident.

Determining the value of all of the economic damages that a person sustained can be difficult. It often requires monitoring physical injuries over time. Even a seemingly moderate injury can have serious, long-term implications for a person’s physical and financial well-being.

2. Non-Economic Damages

In addition to economic damages, accident victims will typically also be able to receive non-economic damages. These are damages for the non-financial losses and harms that a person incurs.

• Pain and Suffering: An accident can leave a person with physical pain and mental anguish. In many cases, the pain and suffering that a person endures can dramatically impact their ability to work or simply perform daily activities.
• Loss of Enjoyment: Serious injuries can prevent a person from being able to participate in all of the hobbies and activities that they love. For example, a person may have been an avid hiker before their injury. But the extent of their injuries could prevent them from ever going hiking again.
• Loss of Consortium: An injury can impact every part of a person’s relationships with their spouse or other family members.

All of these intangible harms can be taken into consideration. There is not a set formula on how to best calculate the value of non-economic damages. This is why it is so important to have an experienced personal injury attorney advocate on your behalf and put your case in the best possible light.

3. Punitive Damages

In rare cases, the actions of a defendant may be so egregious that a court could choose to award a defendant punitive damages. These are damages designed to punish bad behavior in order to deter similar misconduct in the future. What follows are a few different situations where punitive damages may be awarded.

• A company may knowingly sell a product that was dangerous.
• A nursing home may intentionally mistreat residents or fail to take action after they knew certain employees posed a danger.
• A driver may have been heavily intoxicated and charged with multiple DUIs before crashing their vehicle and injuring a pedestrian.

Punitive damages differ from mere negligence. The actions of a defendant in these cases tend to be reckless, intentional, or outrageous. Evidence of recklessness is typically crucial when punitive damages are being sought.

Getting Legal Help With a Personal Injury Case

Have you or someone that you care about been injured in a New York accident? The personal injury attorneys at GLK Law are here to help in any way that we can. We are committed to getting accident victims all of the economic, non-economic, and punitive damages that they’re entitled to under the law. We care deeply that defendants are held accountable for their wrongful actions. Whether you just have legal questions or are thinking about hiring an attorney, we are here for you. You can contact us anytime at (516) 908-9792.