Understanding Compensation in New York Personal Injury Cases

Understanding Compensation in New York Personal Injury Cases

Being involved in a personal injury case can be traumatic and challenging, both physically and emotionally. It can also be overwhelming to navigate the legal process of determining compensation. Understanding how compensation is calculated in a personal injury case is essential for anyone pursuing legal action. In this blog post, we will take a closer look at how compensation is calculated in New York personal injury cases, the factors that New York courts consider and who is responsible for paying accident victims.

First and foremost, it’s essential to understand that compensation in personal injury cases aims to reimburse accident victims for their financial losses, including any medical expenses and income lost due to the injury. It is also designed to compensate for any emotional damage and harm caused. Compensation in personal injury cases is often referred to as “damages.”

In New York, compensation is calculated based on various factors, including medical expenses, lost income, and future earning potential, as well as damages for pain and suffering, disability, disfigurement, and loss of enjoyment of life. All these factors are considered for both economic and non-economic damages. Economic damages are things like lost wages, medical bills, and other out-of-pocket expenses. Non-economic damages refer to things like pain and suffering or loss of companionship, which are harder to quantify.

When determining compensation, the court takes into account how the accident has affected the victim’s life. Factors like the length and severity of the injury, the level of pain and suffering, and the effects of the accident on the victim’s work and personal life are considered.

Ultimately, the amount of compensation awarded in a personal injury case is dependent on the specific circumstances of the case, and the decision is primarily made by the courts. In New York, the courts follow the principle of comparative negligence, which means compensation is calculated based on the proportion of fault applied to each party. This means that if the victim is partially at fault for the accident, their compensation may be reduced.

Who Pays Compensation To The Victims?

Depending on the nature of the accident, different parties may be held responsible for paying compensation to the victim. Liability insurance typically covers most personal injury cases. However, if the party responsible for the accident is uninsured or underinsured, the victim may need to refer to their own insurance company, such as a health insurance policy, to cover medical expenses.

In some cases, an employer may be held responsible for the actions of their employees. For example, if a delivery truck driver causes an accident while on the job, the employer could be held liable for the accident.

In conclusion, when you or a loved one has suffered harm due to an accident, it is important to understand how compensation is calculated in New York personal injury cases. The Menkes Law Firm is here to help the New York public with personal injury matters. Our lawyers are knowledgeable and experienced in personal injury law, and we can guide you through the legal process and help you recover the compensation you deserve. Contact us today to schedule a consultation.