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What type of damages can I get in a personal injury case?

by Seth Azria on 5/15/2018

New York law allows a person injured by someone else’s negligence to file a lawsuit and ask for damages.  But the type of damages that you can recover depends on how the injury affects your life. In a personal injury case, those damages are typically thought of in two ways: non-economic damages and economic damages.

Non- Economic Damages: “Pain and Suffering”  

Non-economic damages are what you typically hear people refer to as “pain and suffering.”  If you are injured as result of somebody else’s negligence, you have a right to be compensated a monetary award for your pain and suffering.  

Past and Future Pain and Suffering

Damages may  include, not just pain and suffering in the past, but if it turns out your condition will result in pain and suffering in the future, you are entitled to recover for that pain and suffering too, even though it has not yet occurred.  

Psychological Effects of Injuries

You are also entitled to recover for psychological effects associated with physical injuries.  Many people experience post-traumatic stress disorder when a traumatic event causes a physical injury.   This is what many people refer to as mental pain and suffering. You are entitled to recover for your mental pain and suffering as well as your physical pain and suffering.

Loss of Quality of Life

Pain and suffering damages also include your loss of quality of life.  For example, if as a result of your injury you are no longer able to do your regular activities or hobbies, such as hunting, fishing, sports, housework, yardwork, or even if you have difficulty caring for your children or grandchildren, this loss of quality of life is something for which you can be compensated.

 

Economic Damages: Lost Income and Medical Expenses

Economic damages are damages you can recover as a result of lost wages or medical expenses that are the result of the injuries you sustained.  If you are forced to miss work as a result of your injuries or have to alter or change your work and make less money as a result, you are entitled to be compensated for that loss of income.  

Severe Injuries Recover Lifetime of Lost Wages

People who are unfortunately injured severely enough that they are disabled are entitled to recover a lifetime of lost wages even if those wages would not be earned for many years.

Regardless of the type of damages you sustained, it is important that you speak with a lawyer who can advise you about what damage you can seek in your case, and that can help you during a difficult time.  

The attorneys at Azria & Bruffett can help you navigate the process and get you the recovery you deserve. Please call (315) 364-1155 for a free consultation.

 





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