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Calculating Damages in Car Accident Cases in New York

Car accidents can have far-reaching consequences, causing physical injuries, emotional distress, and financial hardships. When seeking compensation for these losses, understanding how damages are calculated is crucial. Damages refer to the monetary awards provided to accident victims to compensate for their injuries and related expenses. From economic damages that cover measurable financial losses such as medical bills and property damage, to non-economic damages that address intangible losses like pain and suffering, each element plays a crucial role in determining the overall compensation. Additionally, comparative negligence may affect the final damages awarded. By gaining insight into the factors considered and the complexities involved in calculating damages, individuals can navigate the legal process more effectively and pursue fair compensation for their car accident injuries. To navigate this complex process and ensure the best possible outcome, it is advisable to seek the guidance of an experienced New York car accident lawyer. By working with a trusted legal professional, you can have peace of mind knowing that you have a dedicated advocate fighting for your best interests throughout the damages calculation process.

Economic Damages

Economic damages aim to compensate victims for measurable financial losses incurred due to the accident. Under New York law, economic damages encompass measurable financial losses incurred as a result of the accident. Statutes such as Section 5102 of the New York Insurance Law (ISC § 5102) provide guidelines for establishing the extent of these damages. Economic damages typically include:

  • Medical Expenses: This includes costs associated with hospitalization, emergency treatment, surgeries, doctor's visits, prescription medications, physical therapy, and ongoing medical care.
  • Lost Wages: If the accident resulted in the victim's inability to work, they may be entitled to compensation for the income they would have earned during the recovery period. This includes both past and future lost wages.
  • Loss of Earning Capacity: In cases where the victim's ability to earn a living is permanently affected, compensation may be awarded for the diminished earning capacity.
  • Other Financial Impacts: This includes out-of-pocket expenses related to the accident, such as transportation costs for medical appointments and home modifications required due to injuries.
Non-Economic Damages

Non-economic damages are more subjective in nature and aim to compensate victims for intangible losses. These include:

  • Pain and Suffering: Compensation for physical pain, emotional distress, and psychological trauma experienced as a result of the accident and injuries sustained.
  • Loss of Enjoyment of Life: Compensation for the inability to participate in activities or hobbies previously enjoyed due to the injuries caused by the accident.
  • Loss of Consortium: If the accident resulted in a loss of companionship or ability to maintain a normal marital relationship, compensation may be awarded to the affected spouse.
  • Emotional Distress: Compensation for psychological effects such as anxiety, depression, or post-traumatic stress disorder (PTSD) caused by the accident.
  • Scarring and Disfigurement: If the accident resulted in permanent scarring or disfigurement, victims may be entitled to compensation for the physical and emotional impact.
Punitive Damages

In exceptional circumstances where the actions of the at-fault party are found to be especially egregious or reckless, punitive damages may be awarded. These damages serve a dual purpose of punishing the responsible party and deterring similar conduct in the future. However, it is crucial to understand that punitive damages are not typically awarded in car accident cases and are reserved for cases involving gross negligence or intentional misconduct.

Under relevant statutes, such as §160.10 of the New York Civil Practice Law and Rules, punitive damages require the presentation of substantial evidence to demonstrate that the at-fault party's behavior was not only negligent but also exhibited a wanton disregard for the safety of others. This high standard reflects the intention to reserve punitive damages for the most severe cases where the defendant's actions transcend ordinary negligence. An experienced New York car accident lawyer can evaluate the circumstances of the accident and the evidence to determine if demanding punitive damages is warranted in your case.

Camparative Negligence

In New York, the concept of comparative negligence applies, meaning that if the victim is partially at fault for the accident, their overall damages award may be reduced. The relevant statute, §1411 of the New York Civil Practice Law and Rules, outlines how damages are apportioned based on the degree of fault. For example, if the plaintiff is found to be 20% at fault, their overall damages award would be decreased by 20%. Seeking the guidance of an experienced car accident attorney in New York is essential to navigate these complexities and pursue fair compensation.

Insurance Coverage

In many car accident cases, compensation is initially sought through insurance claims. New York is a no-fault state, which means that regardless of who was at fault for the accident, victims typically first turn to their own insurance coverage to seek compensation for medical expenses and lost wages. However, if the injuries meet certain criteria, victims may be able to pursue a personal injury lawsuit against the at-fault party to seek additional compensation for damages not covered by insurance.

Contact Stephen Bilkis & Associates

Calculating damages accurately requires a thorough understanding of New York's laws and legal precedents. Consulting with an experienced car accident attorney serving New York is highly recommended to ensure your rights are protected and you receive the full compensation you deserve. An attorney will carefully review the details of your case, gather evidence, work with medical experts to assess the extent of your injuries, and negotiate with insurance companies or represent you in court, if necessary. Remember, every car accident case is unique, and the specific damages awarded will depend on the circumstances surrounding the accident and the resulting injuries. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Staten Island, Suffolk County, Brooklyn, Long Island, Queens, Manhattan, Bronx, and Westchester County.

Client Reviews
When my mom, who is suffering from dementia, faced a slip and fall personal injury lawsuit, I contacted Stephen Bilkis of the Law Offices of Stephen Bilkis & Associates. Not only did he provide a strategy for defending the claim, he also advised me on steps to take to avoid future personal liability. Whether you are the defendant or plaintiff in an injury case, I highly recommend Mr. Bilkis. S.M.
From the very first phone call to Stephen Bilkis' office, the staff was extremely polite and helpful in assisting me. Mr. Bilkis was honest and upfront with me from the beginning in what he projected the outcome of my case would be; in the end we got better results than either of us anticipated. He was very genuine and compassionate in understanding my situation and how this legal matter could effect not only myself but my family as well. I highly recommend this law firm and will most definitely continue using them for any future legal needs. Jarrett
I had my first encounter with Mr. Stephen Bilkis three years ago over the phone. He and his staff have been nothing but courtesy and professional. Their hard work ended with a large six-figure settlement for my case. I would highly recommend you contact his office. I want to give a special THANK YOU to Ms. Tricia Krapf. She always made me feel like a priority and was always kind and professional over the phone and email. I highly recommend them to anyone in need of legal representation. Celesta