Types of Recoverable Damages in a New York Personal Injury Auto Accident Case
February 25, 2013 By Law Offices of Jay S. Knispel, LLC
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If you have suffered injuries as the result of an accident due to someone else's negligence, you may be entitled to financial compensation. There are two general types of damages that an injured party can recover: compensatory and punitive.
Compensatory damages pay for past and future economic losses, while punitive damages are designed to further punish the defendant for their extreme lack of care. Punitive damages are meant to deter recidivism in cases of excessive speed, intoxication and knowledge that the defendant is engaging in behavior that put others at risk.
The following is a list of compensatory damages that may possibly be available to you:
• Disfigurement: When an accident or injury has left a victim permanently disfigured, the injured person may seek damages for mental suffering and anguish that the disfigurement has caused.
• Medical Expenses: Any medical costs related to your accident or injury. This includes doctor consultations, prescriptions, treatments, surgeries, etc. Often times permanent injuries will require long-term care. You may also need to add future medical expenses, which your doctors can help you calculate.
• Pain and Suffering: The amount paid for these damages is based on the type of injury endured, how long the affects will last, and the prognosis for the future. This includes physical, emotional and psychological damage that has been done.
• Lost Wages and/or Loss of Employment: Any time that you had to take off work, and money that you would have earned had the accident not occurred, will be included in these damages. Past, present and projected future loss of wages will be calculated.
• Loss of Consortium: If your injury has affected your marriage in regards to emotional or sexual relations you can recover damages for loss of affection.
• Loss of Enjoyment of Life: When the ability of a victim to enjoy daily life pleasures, monetary compensation for loss of enjoyment of life may be awarded. In some states this is a form of pain and suffering.
• Permanent Disability: Proven by medical testimony, some courts have concluded that permanent disability damages can include not only disabilities that are objectively defined, but also disabilities that the plaintiff subjectively perceives.
• Special Damages: This category covers all monetary losses, and requires detailed proof that the losses were sustained and must show how much money was involved
If you have been injured and have any questions related to the damages you may be able to recover you are urged to contact a personal injury attorney.
ABOUT THE AUTHOR: Jay Knispel
Jay Knispel is the founding partner of the New York personal injury Law Offices of Jay S. Knispel, LLC with offices in Brooklyn and the Bronx. He specializes in handling a wide range of different injury and accident cases including but not limited too: Car accidents, motorcycle accidents, bicycle accidents, truck accidents, slip and fall accidents, brain injuries, burn injuries, construction accidents, and more. Contact Jay Knispel for a free legal consultation if you or someone you love have suffered serious injuries in an accident caused by the negligence of someone else.
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More information about Law Offices of Jay S. Knispel, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The following is a list of compensatory damages that may possibly be available to you:
• Disfigurement: When an accident or injury has left a victim permanently disfigured, the injured person may seek damages for mental suffering and anguish that the disfigurement has caused.
• Medical Expenses: Any medical costs related to your accident or injury. This includes doctor consultations, prescriptions, treatments, surgeries, etc. Often times permanent injuries will require long-term care. You may also need to add future medical expenses, which your doctors can help you calculate.
• Pain and Suffering: The amount paid for these damages is based on the type of injury endured, how long the affects will last, and the prognosis for the future. This includes physical, emotional and psychological damage that has been done.
• Lost Wages and/or Loss of Employment: Any time that you had to take off work, and money that you would have earned had the accident not occurred, will be included in these damages. Past, present and projected future loss of wages will be calculated.
• Loss of Consortium: If your injury has affected your marriage in regards to emotional or sexual relations you can recover damages for loss of affection.
• Loss of Enjoyment of Life: When the ability of a victim to enjoy daily life pleasures, monetary compensation for loss of enjoyment of life may be awarded. In some states this is a form of pain and suffering.
• Permanent Disability: Proven by medical testimony, some courts have concluded that permanent disability damages can include not only disabilities that are objectively defined, but also disabilities that the plaintiff subjectively perceives.
• Special Damages: This category covers all monetary losses, and requires detailed proof that the losses were sustained and must show how much money was involved
If you have been injured and have any questions related to the damages you may be able to recover you are urged to contact a personal injury attorney.
ABOUT THE AUTHOR: Jay Knispel
Jay Knispel is the founding partner of the New York personal injury Law Offices of Jay S. Knispel, LLC with offices in Brooklyn and the Bronx. He specializes in handling a wide range of different injury and accident cases including but not limited too: Car accidents, motorcycle accidents, bicycle accidents, truck accidents, slip and fall accidents, brain injuries, burn injuries, construction accidents, and more. Contact Jay Knispel for a free legal consultation if you or someone you love have suffered serious injuries in an accident caused by the negligence of someone else.
Copyright Law Offices of Jay S. Knispel, LLC
More information about Law Offices of Jay S. Knispel, LLC
View all articles published by Law Offices of Jay S. Knispel, LLC
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
