In a personal injury case, there are generally two types of damages that an injured person may be entitled to: economic damages and non-economic damages.
Economic damages, as mentioned earlier, refer to the quantifiable financial losses incurred by the injured person, such as medical expenses, lost wages, property damage, and other out-of-pocket expenses. These damages can be calculated based on bills, receipts, and other evidence of actual expenses and losses.
Non-economic damages, on the other hand, are more subjective and are meant to compensate the injured person for intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These damages are not as easy to quantify as economic damages and are often subject to negotiation and litigation in court. A personal injury lawyer will typically rely on their experience, past cases, and the specific facts of the case to estimate the amount of non-economic damages that may be appropriate.
It’s worth noting that some states place caps on non-economic damages, meaning there is a limit on the amount of non-economic damages that can be awarded in a personal injury case. Fortunately, New York is not one of those states. An experienced personal injury lawyer can advise on the specific laws and regulations that apply to your case and help maximize your recovery of damages.
What types of economic damages are there?
Economic damages in a personal injury law firm refer to the monetary losses that a person has incurred as a result of an accident or injury caused by someone else’s negligence or wrongdoing. These damages are designed to compensate the injured person for their actual out-of-pocket expenses and financial losses.
Economic damages can include a wide range of expenses and losses, such as:
- Medical expenses: This includes the cost of medical treatment, such as hospitalization, surgery, prescription medications, rehabilitation, and therapy.
- Lost wages: If the injury has prevented the person from working, they may be able to recover lost wages, including future lost wages if they are unable to return to work.
- Property damage: If the person’s property, such as their car, was damaged in the accident, they may be able to recover the cost of repairs or replacement.
- Other out-of-pocket expenses: This can include expenses such as transportation costs to medical appointments, home healthcare services, and other expenses related to the injury.
The amount of economic damages that a person can recover will depend on the specific circumstances of their case and the extent of their losses. Miller, Montiel & Strano, P.C. can help evaluate a person’s damages and seek the maximum compensation available.
What types of non-economic damages are there?
Non-economic damages in a personal injury law firm refer to the intangible losses that a person has suffered as a result of an accident or injury caused by someone else’s negligence or wrongdoing. These losses are more subjective and may not have a precise monetary value, but they are still very real and can significantly impact a person’s life.
Non-economic damages may include:
- Pain and suffering: This refers to the physical and emotional distress that a person experiences as a result of their injury. It may include ongoing pain, discomfort, and limitations in daily activities. Emotional distress: This refers to the psychological impact of an injury, such as depression, anxiety, and post-traumatic stress disorder (PTSD).
- Loss of enjoyment of life: This refers to the loss of the ability to participate in activities that a person enjoyed before the injury, such as hobbies or recreational activities.
- Loss of consortium: This refers to the loss of companionship and support of a spouse or partner.
- Disfigurement or scarring: This refers to any permanent physical scarring or disfigurement that a person experiences as a result of the injury.
The amount of non-economic damages that a person can recover will depend on various factors, such as the severity of the injury, the impact on the person’s life, and the specific laws in their state. At Miller, Montiel & Strano, P.C., we can help evaluate a person’s non-economic damages and seek the maximum compensation available.
Can you sue for compensation of damages in NY?
Yes, in New York, you may be able to sue for both economic and non-economic damages in a personal injury case.
New York law allows injured persons to recover compensation for economic damages such as medical expenses, lost wages, and property damage. New York also permits recovery of non-economic damages, such as pain and suffering, loss of enjoyment of life, and emotional distress. It’s important to note that New York has specific laws and regulations regarding personal injury lawsuits, including limitations on the amount of damages that can be recovered, depending on the circumstances of the case. For example, in motor vehicle cases, No-Fault insurance covers medical bills, lost wages, and some other economic losses, to the extent of the coverage purchased.
If you are considering filing a personal injury lawsuit in New York, we recommend that you consult with our team of experienced personal injury attorneys to evaluate your case and determine the types of damages you may be able to recover.
Why is it important to have an attorney represent someone seeking economic or non-economic damages in a personal injury case?
There are several reasons why it’s important to have a lawyer to represent you when seeking economic or non-economic damages in a personal injury case:
- Knowledge and experience: An experienced personal injury lawyer has the knowledge and experience to navigate the complex legal system and ensure that your rights are protected. They have an in-depth understanding of personal injury laws and can help you understand your legal options.
- Evidence gathering: A personal injury lawyer can help gather evidence to support your case, such as medical records, witness statements, and expert opinions. They can also work with investigators to gather additional evidence, such as surveillance footage or accident reconstruction reports.
- Negotiation skills: A personal injury lawyer has strong negotiation skills and can negotiate with insurance companies and defense attorneys on your behalf. They can work to obtain a fair settlement for your damages or pursue your case in court if necessary.
- Maximize your compensation: A personal injury lawyer can help you determine the full extent of your damages, both economic and non-economic. They can work with medical experts and financial professionals to calculate the long-term costs of your injuries and ensure that you receive the maximum compensation you deserve.
- Reduce stress: Dealing with the aftermath of a personal injury can be stressful and overwhelming. A personal injury lawyer can handle the legal aspects of your case, allowing you to focus on your recovery and your family.
MMS Personal Injury Can Help You
Economic and non-economic damages can have a significant impact on a person’s life after a personal injury. That’s why it’s important to have an experienced personal injury lawyer on your side who can help you navigate the complex legal system, gather evidence, negotiate with insurance companies and defense attorneys, and fight for your rights. Miller, Montiel & Strano, P.C. personal injury attorneys are well-equipped to handle personal injury cases and have a proven track record of securing maximum compensation for their clients. With extensive knowledge and experience, we can provide you with the best possible representation and help you obtain the compensation you deserve. Contact us today for a free consultation.
Note: This page was written with the assistance of artificial intelligence software, but was reviewed for accuracy and approved by attorney Steven Miller, Esq.