What is the value of my personal injury claim?
The answer to this question is very subjective – it is based on your unique set of circumstances. Let’s take a look at some of the applicable factors.
Economic damages
Economic damages, also called special damages, refer to clear and calculable losses / expenses that have resulted from your accident and subsequent injuries.
- Current and future medical bills: Expenses for diagnosis, care and treatment of your injury related to the accident.
- Lost income / earning capacity: The wages your injury has caused you to lose and the projected future loss of income, where applicable
- Misc. financial losses: Other out-of-pocket expenses caused by your injury, such as home help and transportation costs you incurred to receive necessary medical care.
- Damage to property: This can be applied in car accidents.
These expenses are the easiest to determine in a personal injury claim.
Non-economic damages
These general non-economic damages are more complex and more difficult to calculate. Meticulous documentation can help support your case in claiming these non-tangible damages. Some examples include:
- Pain and suffering
- Emotional stress
- Decreased quality of life.
- Permanent disfigurement
- Permanent disability
- Loss of companionship / consortium
- Psychological / mental disability
Recovery for punitive damages may also be possible for non-economic damages, but it is extremely rare in New York.
Fault and contributory negligence
What if you were partially at fault for your accident? For example, you were injured in a car accident because the other driver ran a red light. If you were speeding, which contributed to your ability to stop in time to avoid the collision, you may be partially at fault for the collision.
The law still allows you to pursue damages, but the amount you can be awarded will be reduced based on your percentage of fault. Article 14-A, section 1411 of the New York laws and regulations of civil practice addresses contributory negligence in personal injury cases.
Ending
Each case involves a review of these individual criteria to help determine the monetary value of the claim. Various valuation models and methods are then applied to help calculate the dollar amounts of noneconomic losses.
Don’t worry if you still have questions. At Mejias Milgrim Alvarado, we have experience handling personal injury claims and lawsuits in New York. Get in touch to request a consultation and discuss your case with our responsive legal team.
In 2013, Long Island Pulse recognized Dave as a Top Ten Legal Eagle, winning the Family Law category. The awardees are recognized by a select group of attorneys who review the experience and skills of their colleagues in Nassau and Suffolk counties.