Types of Damages in an Accident or Injury Claim

If you are hurt in an accident that was caused by another person, you might be considering what to do about your claim. An insurance adjuster may have approached you and offered you a settlement. But how do you know if the settlement reflects the true value of your case?

In a New York personal injury lawsuit, you might be able to recover two types of compensation: compensatory and punitive damages. Compensatory damages include money for both economic and non-economic damages. Our Long Island personal injury lawyers can advise you about the value of your case. If you decide to hire our law firm, we will work hard to get you maximum compensation for your injuries.

The Odierno Law Firm Accident and Injury Lawyers represent victims of all types of accidents in Nassau and Suffolk Counties, including car accidents, bicycle accidents, truck accidents, slips and falls, and dog bites. We offer free initial consultations and never charge a fee unless we recover money for you. Contact our law offices today to schedule an appointment with a member of our legal team.

What Are Damages?

If a person is injured because of something that another person did (or failed to do), they might be able to file a special type of civil lawsuit known as a personal injury claim. Through a personal injury lawsuit, the injured victim (known as the plaintiff) can recover financial compensation for their losses. This compensation is referred to as damages.

Damages are paid by the at-fault party (defendant) in a lawsuit. Typically, the defendant’s insurance company will pay this money after a negotiated settlement or a verdict at trial. Depending on the type of claim at issue, this money may come from a person’s auto insurance policy, homeowner’s insurance policy, renter’s insurance policy, or another type of liability policy.

The overwhelming majority of personal injury claims are resolved outside of the courtroom. In fact, according to the U.S. Department of Justice, just 3% of personal injury cases go to trial. This means that if you file a personal injury claim, the odds are good that you won’t have to go to court.

Of course, there is still plenty of work that must be done to get to a settlement. In many cases, it will be necessary to file a lawsuit so that your rights are protected under the statute of limitations. Your Long Island personal injury lawyer will also likely exchange information with the defendant’s legal team through the discovery process. You might have to testify in a deposition, answer questions, or provide documentation in response to discovery requests.

The goal of all of this work is to build the strongest case possible for compensation. When the insurance company knows that you have a valid claim and that you are ready, willing, and able to take your case to court, it is more likely to offer you a fair settlement. Our attorneys will advocate for you through each step of the process, with the ultimate goal of getting you the money that you deserve for your injuries.

Types of Damages in a New York Accident or Injury Claim

There are 2 types of damages in a personal injury case: compensatory damages and punitive damages. Compensatory damages include two subcategories: economic and non-economic damages. Below, we explain more about each type of damage and what you might be able to recover in your case.

Compensatory Damages

Compensatory damages are designed to compensate an accident victim for their losses. Essentially, this money is meant to put you back in a similar position that you were in before the accident. For example, it might cover your medical bills and the damage to your vehicle after a motor vehicle accident.

Of course, no amount of money can necessarily make up for the losses that you have suffered. This is particularly true when it comes to the types of losses that don’t come with a bill, like trauma. While we know that compensatory damages can’t turn back the proverbial hand of time, they can help you move forward with your life after an accident.

Economic Damages

Economic damages pay for a person’s direct financial losses after an accident. They are sometimes referred to as “special” damages. 

While each case is different, the following economic damages are often part of a personal injury settlement:

• Property damage: If any of your personal property was damaged as a result of an accident, you will be able to recover money to repair or replace these items. For example, if your car was totaled in a crash, then you will likely receive the fair market value of the vehicle. It is possible to get compensation for other types of property damage as well, such as a laptop that was destroyed in a car accident or clothes that were ruined after a slip-and-fall accident.
• Medical treatment: Almost every personal injury damages award will include money for the plaintiff’s medical expenses. This should include both reimbursement for the costs that you have already incurred, as well as money for future medical treatment. This can include everything from hospital bills to prescription drugs to adaptive devices. Because it can be hard to know right away what your medical needs will be in the future, your Long Island personal injury attorney will likely recommend that you wait to begin settlement negotiations until you have reached “maximum medical improvement.”
• Lost income: After an accident, it isn’t uncommon to need to take some time off of work to heal, attend doctor’s appointments, and otherwise focus on your recovery. An economic damages award should include money for both your lost wages as well as the money that you may not make in the future due to your injuries. This is typically broken down into 2 parts: lost wages and reduced earning capacity. If your ability to work is compromised by the accident, you might be able to seek compensation for this loss of earning capacity.

There may be other types of economic damages that apply in your case as well. For example, if you suffered a catastrophic injury and need to renovate your home to make it accessible, that may be included in your economic damages. Our Long Island personal injury law firm will thoroughly assess your losses and develop a strong compensation claim.

Non-Economic Damages

Non-economic damages pay for your intangible losses. They are sometimes called “general” damages.

In contrast to economic damages, you won’t get a bill or an estimate for these types of losses. Despite this, non-economic damages are almost more important to accident victims when it comes to making them whole again. They may include money for:

• Pain and suffering: If you suffered an injury in an accident, then you can seek compensation for the pain and suffering that you experienced as a result.
• Loss of enjoyment of life: Being injured can affect many areas of our lives. Your injuries may impact your ability to exercise, participate in your hobbies, or otherwise enjoy your life. For example, if you suffer a spinal cord injury, you may not be able to take an after-dinner walk with your spouse or go on bike rides. These losses can be recognized through non-economic damages.
• Emotional distress: Being in any type of accident can be traumatic. If you are dealing with depression, anxiety, sleep loss, or other symptoms of emotional distress after an accident, you may be able to recover financial compensation. These issues are just as real and potentially life-changing as physical injuries.
• Scarring and disfigurement: If you suffered an injury, like a burn, that led to scarring and disfigurement, then non-economic damages can compensate you for it.

Insurance companies often try to downplay non-economic damages. While they are harder to prove compared to economic damages, they are incredibly important to an accident victim’s overall recovery. We will work hard to get you top dollar for your non-economic and economic damages alike.

Punitive Damages

Punitive damages have a different goal than compensatory damages. Rather than compensate an injury victim, these damages are designed to punish someone who engaged in egregious behavior and to deter others from engaging in similar conduct.

Punitive damages are only awarded in cases where the defendant acted intentionally or recklessly. A good example might be a distracted driving accident where the driver crashed into another vehicle while traveling at high rates of speed…and filming a video of themselves driving. If a drunk driver hits a pedestrian who was attempting to cross the street, the driver may be liable for punitive damages.

These damages are not awarded in most personal injury cases, which are usually based on a theory of negligence (carelessness). Your attorney can talk to you about your potential right to seek punitive damages based on the facts of your case.

Hurt in an Accident? Call The Odierno Law Firm Today.

If you have been hurt in any type of accident, you may be entitled to financial compensation from the person(s) who caused your injuries. This may include money for your medical bills, lost wages, emotional trauma, and other losses. Our law offices can work with you to help you get the money that you deserve for your injuries.

From our offices in Melville, New York, The Odierno Law Firm Accident and Injury Lawyers represent clients in personal injury claims throughout Long Island. For each case, we strive to get our clients the maximum compensation that they are entitled to under New York law. To learn more or to schedule a free initial consultation with a Long Island personal injury lawyer, call our law offices today at 631-973-6221 or fill out our online contact form.

What Factors Affect the Value of My Case? 

Each personal injury case is different. While our law firm has a track record of success, these results don’t guarantee a certain outcome. Many different factors can affect the value of your personal injury case, including the severity of your injuries, the level of insurance coverage available, and whether liability is disputed.

During a free initial consultation, we will listen to your story before offering legal advice and a ballpark estimate of the value of your case. This amount may change as the case proceeds and we learn more about the strengths and weaknesses of your claim. If you want to get maximum compensation for your losses, contact The Odierno Law Firm Accident and Injury Lawyers to talk to a Long Island personal injury attorney.

How Long Will It Take to Get a Settlement in a Personal Injury Claim?

The length of time that it takes to resolve any personal injury claim can vary significantly based on the type of injuries that you suffered, the amount of money that you are requesting, and if the insurance company is disputing any aspect of the claim. In some cases, you may get a settlement check in just a few months. If your case is more complicated or goes to trial, it may take over a year to reach a final resolution.

Our legal team will keep you updated at each step of the process. We will also communicate settlement offers to you and talk you through the pros and cons of each offer. To schedule a free initial consultation with a Long Island personal injury lawyer, contact The Odierno Law Firm Accident and Injury Lawyers today.