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What Damages Are Available to Injured Victims in a New York Car Accident Settlement?
Have you or a loved one been tragically injured in an auto accident in New York? You should not be the party responsible for associated medical bills, vehicle repair costs, and other related expenses. With the help of an experienced car accident attorney, you can pursue economic, non-economic, and potentially punitive damages from the at-fault party or their car insurance provider.
Economic damages help compensate car accident victims for financial losses. Damages may include past and future medical expenses, property damage and vehicle repairs, lost wages and earning capacity, funeral expenses, physical therapy expenses, and more.
Punitive damages are only awarded when a judge believes that the at-fault party’s conduct was malicious, especially reckless, or egregious. They are meant to punish the defendant for their conduct and deter others from repeating such acts.
Non-economic damages are meant to cover losses that are difficult to quantify financially. These damages can include compensation for pain and suffering, loss of companionship or consortium, diminished quality of life, emotional distress, mental anguish, and wrongful death.
What Are Pain and Suffering Damages?
Financial recovery for pain and suffering in a personal injury claim is meant to address physical pain, psychological damage, mental anguish, and emotional distress. A personal injury victim may suffer from physical and mental pain and suffering due to their severe injuries, loss of limbs, disfigurement or disability, death of a loved one, or other hardships related to the car crash.
After a serious accident, some survivors develop severe post-traumatic stress disorder, which can lead to disruptions in their daily lives. Financial compensation for pain and suffering is meant to ease the burden of non-economic damage.
To sue for pain and suffering, you must meet specific criteria. Your personal injury lawsuit must demonstrate that your injuries are serious and have significantly impacted your life for at least 90 days or otherwise resulted in permanent impairment.
How Does New York Law Define a ‘Serious Injury?’
To file a lawsuit seeking pain and suffering compensation, your case must pass the threshold, and your injuries must be considered serious.
According to state law, the following may be considered serious injuries that qualify:
- Dismemberment or forced amputation
- Loss of a fetus
- Permanent and consequential restriction of use of a bodily member or organ
- Permanent loss of use of bodily function, organ, system, or member
- Permanent restriction of a bodily system or function
- Serious bone fractures that limit daily activities for at least 90 days
- Substantial disfigurement
- Wrongful death and fatal injuries
- Any serious injury that prevents the claimant from performing regular daily tasks for at least 90 days within the first 180 days following the car accident
Some of these medical conditions, such as the loss of limbs, are easier to prove when filing a personal injury claim. However, other injuries are more complicated to quantify. A New York car accident attorney at our law firm can help gather supporting evidence to prove your severe injury in hopes of helping you recover compensation for pain and suffering.
Do NY’s No-Fault Laws Impact Financial Compensation?
New York is a no-fault state. Car insurance policies must provide personal injury protection (PIP) coverage for medical bills, lost income, and other basic economic losses, regardless of who is at fault for a motor vehicle accident.
New York requires a minimum coverage of at least $50,000 per injured person, but additional coverage can be purchased.
Injured motorists can also take legal action against the at-fault party for their injuries by filing a personal injury lawsuit, regardless of New York’s no-fault laws. So long as their injuries qualify as serious under New York’s insurance law, victims can file a lawsuit against the at-fault party.
Does NY Limit the Amount of Compensation Recoverable in a Car Accident Lawsuit?
Some states cap the financial compensation that can be recovered in a car accident case. New York does not. There is no formal limit on the amount of pain and suffering damages that could be awarded to a car accident victim.
If the auto accident case goes to court, a jury will decide whether the financial recovery is sufficient for the victim or their family.
While no cap on damages can be recovered, appellate courts have the right to review any award for pain and suffering. Based on the evidence presented during the trial, they may reduce awards that they believe are not fair and reasonable.
Can You Sue Someone Personally After a Car Crash?
While many car accident cases are resolved by acquiring settlements from insurance companies, sometimes it is possible to sue someone personally after a car collision in New York.
Instances when filing a liability-based insurance claim or personal injury lawsuit may be prudent include the following:
- Your car accident injuries meet the severity threshold set by New York State statutes
- Your accident expenses exceed the limits of your PIP policy
- Your loved one tragically lost their life because of the car wreck
- You meet some other exception to the no-fault law
To determine whether you qualify to sue the at-fault driver who caused your accident or whether you can file a lawsuit against any other liable party, you must speak with a personal injury lawyer about your case and your injuries. Please get in touch with our Middletown law office to schedule your free case review today.
How Are Pain and Suffering Settlements Calculated?
Compensating for pain and suffering in a personal injury case can be difficult. Your car accident attorney will take several factors into account when attempting to quantify an appropriate settlement.
Factors that may influence what your case is worth include the following:
- Any long-term impact on your life, well-being, and daily activities
- The severity and extent of your car accident injuries
- Emotional or psychological effects caused by the collision, such as depression, anxiety, or fear
- The level of pain you are continuing to experience
- Potential physical limitations caused by the car accident
- The approximate cost of future medical treatment, physical therapy, medication, and surgical procedures
Don’t hesitate to contact our NY law firm to schedule a free, no-obligation case evaluation with our legal team.
How to Prove Pain and Suffering in a Car Accident Case?
If your injuries are serious and qualify you to step outside the no-fault system and make a claim for pain and suffering, your case will proceed like any other New York personal injury lawsuit. Typically, you will be forced to contend with the other party’s insurance company or the other driver’s legal representation.
Various pieces of evidence, including detailed medical records, doctor’s notes, testimony from eyewitnesses, medical expert testimonies, and photographic evidence showing the severity of your pain and suffering, can help support your personal injury claim.
In a no-fault state such as ours, your legal options for recovering pain and suffering damages are more limited. A skilled lawyer can help.
Schedule a Free Consultation with a New York Personal Injury Attorney Today
Your personal injury lawyer will evaluate several factors when seeking compensation for pain and suffering in a car accident claim. These factors will determine the total compensation you stand to recover. To learn more, don’t hesitate to contact our New York law firm to schedule a free initial consultation with the attorney.
Our personal injury law firm has years of experience representing the needs of injured victims and their families seeking fair and full compensation for their injuries and other losses. As your legal representation, we will fight tirelessly on your behalf to get you the settlement you require.
Please contact our Middletown-based law firm to schedule your free initial consultation. You can reach us at 845-668-4774.
