Damages & Compensation for Car Accident Injuries
If you were a car accident victim, you may have experienced significant and debilitating injuries that affect your daily life. You may also have lost time from work and accrued a substantial amount of debt as a result of medical treatment and out of pocket costs. While insurance may cover medical expenses and lost wages up to a certain amount, car accident victims who have suffered a “serious injury” in New York may be entitled to compensation for various damages incurred as a result of another’s negligence.
Unreimbursed Medical Expenses
Car accident victims may suffer from serious injuries that require extensive medical treatment. Although no-fault insurance may cover up to $50,000, treatment can quickly exceed this amount. If this is the case, you may be entitled to recover for past unreimbursed medical expenses, as well as future medical expenses.
If you have suffered a serious injury in a car accident, you likely had to take time off from work to physically recover. No-fault insurance will cover 80% of your lost wages up to $2,000 a month up to three years. However, if you make more than $2,000 a month, you may be entitled to reimbursement for the remaining lost wages, as well as loss of future earning capacity.
Out of Pocket Expenses
Other economic damages that may be recoverable from a car crash include out of pocket expenses related to the accident that exceed no-fault coverage. These expenses may include those related to medical care such as transportation costs to and from medical appointments.
Loss of Consortium
If your car accident injuries affect your relationship with your emotional and physical relationship with your spouse, you may be able to be financially compensated for loss of consortium. In awarding damages for this cause of action, the court may consider aspects such as loss of services, financial support, and loss of the marital relationship.
Pain and Suffering
Depending on the facts and circumstances of the case, a New York jury may award a car accident victim damages for conscious pain and suffering. Putting a dollar amount on pain and suffering damages can be complex and require tangible evidence of your injuries through medical documentation, testimony, employment records, and any other evidence that can demonstrate how your injuries impacted your life.
If a loved one was lost in a car accident, the estate of the deceased may bring a wrongful death action. Compensation may be recovered for medical bills, funeral expenses, and lost wages, as well as the economic damages to which the deceased was entitled, and the pain and suffering experienced by their loved one prior to the time of death.
Car accident victims may not only experience physical injuries – they may suffer severe emotional injuries that may require therapy or psychological medical treatment. Car accident victims may experience anxiety, depression, sleeplessness, panic disorder, and post-traumatic stress disorder. If it can be shown through medical evidence that you have suffered from emotional distress in connection with the car accident, you may be entitled to compensation.
Punitive damages are not compensatory. Rather, they are meant as a deterrent and may be awarded to a plaintiff if the defendant’s conduct was egregious. For example, a plaintiff may be awarded punitive damages if the defendant’s behavior was intentional or reckless, such as in the case of driving under the influence.
Contact an Experienced Personal Injury Attorney
If you have been in a car accident, it is best to contact a personal injury attorney as soon as possible following the accident as there are strict statutes of limitation in place. An experienced car accident attorney can advise you of your legal rights and remedies. Scott Baron & Associates, P.C. has been helping car accident victims obtain the maximum compensation they deserve for their injuries for nearly three decades. Call today to schedule a consultation.
Attorney Advertising. For informational purposes only. The content herein is not meant to take the place of legal advice or form an attorney-client relationship. Prior results do not guarantee similar outcomes.