What Damages Can Be Recovered After a Car Accident?
Car accidents are among the leading causes of injury-related hospitalizations and deaths in New York. Every day, hundreds of people are injured in car accidents – a vast majority of which are caused by entirely preventable factors like alcohol use, distracted driving, and failure to yield the right of way to other motorists.
If you have been injured in a New York car accident, you have the legal right to sue the party responsible for the accident and recover compensatory damages – as long as your injuries meet the criteria for serious injuries under the law. Do not delay in asserting your legal right to important funds!
What Constitutes a Serious Injury under New York Law?
Under New York law, a serious injury is one which results in:
- Significant disfigurement
- Loss of a fetus
- Limitation or loss of use of a body organ, member, function, or system
- Temporary impairment which prevents you from performing activities of daily living for a period of 90 days (within six months from the date of the accident)
If your injury meets any of the aforementioned criteria, you can recover damages from the at-fault party – in addition to receiving no-fault benefits from your own insurance provider.
Damages You Can Recover in a New York Car Accident Claim
Economic damages are meant to compensate you for the quantifiable financial losses you suffered in the accident. These include:
- Medical expenses (including the cost of transportation, diagnostic procedures and lab tests, ER charges, surgery, physician’s fees, hospital bills, pain management treatment, and prescription medications)
- Future medical expenses (the estimated cost of lab tests, surgery, follow-up medical visits, and medications you might need in the future)
- Rehabilitation expenses (physical therapy, occupational therapy, vocational therapy, psychotherapy, and counseling)
- Cost of assistive devices like crutches, prosthetics, and wheelchairs
- Cost of long-term care and assisted living (in the event of a permanent physical or cognitive disability)
- Lost wages (the amount of earnings you have lost as a result of your injuries)
- Loss of earning capacity (estimated earnings, bonuses, promotions, and other perks you stand to lose in the future due to your disability)
- Property damage (the cost of repairing or replacing items that were damaged in the accident)
Non-economic damages are meant to compensate you for the unquantifiable losses you suffered (and stand to suffer in the future) due to the accident. These include:
- Bodily pain and discomfort
- Difficulty in performing day-to-day activities due to a disability, limitation, or loss of use of a body part
- Reduction in life expectancy
- Reduction or loss of cognitive ability
- Mental health problems like anxiety, depression, extreme mood swings, and post-traumatic stress disorder (PTSD)
- Reduced or complete loss of sexual function
- Diminished quality of life
Injured in a Car Accident? Our Experienced Car Accident Attorneys Can Recover the Maximum Compensation for You
At the Law Offices of Michael S. Lamonsoff, we have a team of highly-rated car accident attorneys who have a thorough understanding of New York personal injury law and over 100 years of combined experience. We can accurately calculate the extent of economic and non-economic losses you suffered in the accident, maximize the value of your claim to the extent possible, and fight relentlessly to recover every penny you are owed.