If you sustain injuries in New York because of someone else’s negligence or intentional wrongdoing, you are well within your rights to file a personal injury lawsuit against the responsible party to seek monetary compensation for your damages. Unfortunately, when injured through no fault of your own, you may be burdened with various physical, emotional, and financial losses that negatively impact your life. In such situations, you may be wondering what types of compensation you can seek in a personal injury lawsuit for your damages. If you have recently been injured due to someone else’s negligence or wrongdoing, contact a competent New York City & Westchester County Personal Injury Attorney who can help you fight to secure the rightful compensation to which you are entitled. Please continue reading to learn about the different types of compensation you can seek in a personal injury lawsuit.
WHAT ARE THE DIFFERENT TYPES OF DAMAGES AND COMPENSATION I CAN SEEK IN A NEW YORK PERSONAL INJURY LAWSUIT?
If you have suffered injuries due to someone else’s negligence or intentional wrongdoing, you may be entitled to significant compensation for your losses. Generally, when pursuing a personal injury lawsuit, you can seek compensation for your compensatory and punitive damages. Compensatory damages are intended to compensate injured individuals to make them “whole” again. Essentially, it reimburses the tangible and intangible damages they have incurred due to their injuries. Punitive damages, on the other hand, are not aimed toward compensating injured individuals for any losses. Instead, punitive damages are issued to punish those found grossly negligent. An individual or organization is found grossly negligent when their malice actions demonstrate a severe disregard for the safety and lives of other people. The purpose of punitive damages is to punish grossly negligent individuals and deter them from acting similarly.
In all personal injury lawsuits, you can seek compensation for your compensatory damages. Compensatory damages are typically broken down into the following categories:
- Economic, or special damages, refers to compensation for your out-of-pocket monetary losses that are easily quantifiable. Economic damages are calculable losses such as past and future medical expenses, lost wages, household services, rehabilitation expenses, property damages, and other objectively verifiable monetary losses.
- Non-economic, or general damages, refers to compensation for non-monetary losses. Essentially, these damages are not quantifiable as they are subjective losses. Non-economic damages may include pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, loss of consortium, and other non-monetary losses.
As mentioned above, punitive damages are only awarded to an injured individual if the at-fault party used willful or wanton misconduct to cause another person harm. Punitive damages are rarely ordered in personal injury lawsuits.
It is critical to note that you must fulfill the burden of proof before you can collect any compensation for your damages. You must prove that the at-fault parties negligent actions directly caused your injuries and damages. To maximize your chances of satisfying the burden of proof, it is in your best interest to retain the legal services of a skilled New York City & Westchester County personal injury attorney who can help you gather pertinent evidence that can help you hold responsible parties accountable for their negligence.
At The Bàez Legal Group, you can trust our dedicated legal team to assist you in securing the fair compensation you deserve. Allow our firm to represent your interests today.