How Compensation is Calculated in Personal Injury Cases on Long Island

• 26 Jun 2023
• Long Island Personal Injury Attorney

If you or a loved one have experienced a personal injury on Long Island, understanding how compensation is calculated can greatly assist you in navigating the legal process and pursuing a fair resolution. This blog post will delve into the factors considered when determining compensation in personal injury cases on Long Island.

Now, let us delve into how compensation is calculated in personal injury cases on Long Island and empower you to navigate this challenging legal landscape with a greater understanding of the process.

Understanding Damages in Personal Injury Cases

When calculating compensation in personal injury cases on Long Island, it is crucial to understand the concept of damages. Damages refer to the losses and injuries suffered by the victim due to the accident or incident. They are the basis for determining the monetary compensation that the injured party may be entitled to receive.

Economic Damages

Economic damages are quantifiable losses that have a direct monetary value. They include medical expenses, both past and future, related to the injury. This includes hospital bills, doctor’s visits, surgeries, prescription medications, rehabilitation costs, and necessary assistive devices such as crutches or wheelchairs. Additionally, economic damages may cover lost wages or loss of earning capacity if the injury has caused the victim to be unable to work temporarily or permanently.

Non-Economic Damages

Non-economic damages are intangible losses that do not have a precise monetary value. They encompass the physical and emotional pain and suffering endured by the victim due to the injury. This includes the physical discomfort, mental anguish, and emotional distress experienced due to the accident. Non-economic damages also account for the impact on the victim’s quality of life, loss of enjoyment, and any permanent disfigurement or disability resulting from the incident.

Punitive Damages

In rare cases, punitive damages may be awarded in personal injury cases. Unlike economic and non-economic damages, punitive damages are not meant to compensate victims for their losses. Instead, they are intended to punish the defendant for their egregious behaviour and deter others from engaging in similar misconduct. Punitive damages are typically awarded when the defendant’s actions are deemed particularly reckless, malicious, or intentional.

It is important to note that New York State has certain limitations on the damages that can be awarded in personal injury cases. For example, medical malpractice cases have a cap on non-economic damages. Consulting with a knowledgeable personal injury attorney on Long Island is crucial to understanding the specific regulations and limitations that may apply to your case.

In the next section, we will explore the factors that influence the calculation of compensation in personal injury cases on Long Island. Understanding these factors is essential for determining the potential value of your claim and building a strong case to support your claim for damages.

Factors Affecting Compensation Amount

Calculating the compensation amount in personal injury cases on Long Island is a complex process considering various factors. While each case is unique, the following are common factors that can significantly impact the final compensation amount:

The severity of the Injury:

The severity of the injury is a crucial factor in determining the compensation amount. Generally, more severe injuries that result in long-term or permanent disabilities will attract higher compensation. This includes traumatic brain injuries, spinal cord injuries, loss of limbs, or severe burns. The extent of medical treatment required and the impact on the victim’s ability to work and enjoy life is also considered when assessing the severity of the injury.

Medical Expenses:

The medical expenses incurred due to the injury play a significant role in calculating compensation. This includes past medical bills, ongoing medical treatments, physical therapy, rehabilitation, and the cost of any necessary future medical care. The total medical expenses will be a key component in determining the compensation to cover these costs.

Lost Wages and Loss of Earning Capacity:

If the injury prevents the victim from working temporarily or permanently, the compensation will include the lost wages during the recovery period and the projected loss of future income. This calculation considers factors such as the victim’s occupation, age, skill set, and earning potential.

Impact on Quality of Life:

The impact of the injury on the victim’s quality of life is an essential consideration. This includes pain and suffering, emotional distress, loss of enjoyment of life, and any permanent disfigurement or disability. Compensation for these non-economic damages aims to address the intangible losses suffered by the victim and their overall reduction in quality of life.

Comparative Fault:

Under New York’s comparative fault law, the compensation amount can be influenced by the degree of fault assigned to each party involved in the accident. If the victim is found partially responsible for the incident, their compensation may be reduced proportionately. It is important to note that New York follows a pure comparative negligence rule, meaning that even if the victim is deemed primarily at fault, they may still be eligible for compensation, albeit reduced.

Insurance Coverage:

Insurance coverage plays a significant role in determining the compensation amount. The available insurance policies, such as auto or liability insurance, will dictate the maximum amount that can be recovered. In cases where the at-fault party is uninsured or underinsured, additional legal strategies may be required to pursue full compensation.

Wrapping Up

Calculating compensation in personal injury cases on Long Island involves carefully evaluating various factors, including the severity of the injury, medical expenses, lost wages, impact on quality of life, comparative fault, and insurance coverage. Understanding these factors is crucial for victims seeking fair compensation for their losses.

Navigating the legal landscape of personal injury cases can be daunting, especially when dealing with the physical, emotional, and financial burdens resulting from an accident. That’s why having a knowledgeable and experienced personal injury attorney by your side is essential to guide you through the process and advocate for your rights.

If you or a loved one have suffered a personal injury on Long Island, we encourage you to seek the assistance of a reputable law firm like Radow Law Group. With their expertise in personal injury law and their dedication to serving clients on Long Island, they can provide the legal support and representation you need to pursue your rightful compensation.

Don’t face the legal complexities alone. Contact Radow Law Group today for a free consultation to discuss your case and learn how they can assist you. By taking the first step and seeking legal advice, you can gain the support and expertise needed to navigate the personal injury claims process and pursue the compensation you deserve.

Remember, time is of the essence in personal injury cases. Reach out to Radow Law Group today and let them help you on your path to justice and recovery.