New York personal injury law permits recovery for both economic and non-economic damages. “Economic damages” refers to damages that can be easily calculated, such as medical bills and property damage. Meanwhile, “non-economic damages” refers to difficult-to-evaluate injuries, such as pain and suffering.

Pain and Suffering | Lost Wages | Medical Expenses | Property Damage | Punitive Damages

The primary non-economic category of damages (not tied to any specific expense) is ‘Pain and Suffering’. There is no set formula for computing this amount of damages. Rather, it is incumbent upon a jury to arrive at a value they believe compensates the injured party for the physical and emotional hardship they’ve endured.

Lost wages are an additional category of economic damages injured parties can seek in the course of litigation. These damages are intended to reimburse the Plaintiff for employment compensation they were deprived of as a result of their injury. This applies to unreimbursed past wages as well as future wages that can no longer be earned. In certain cases, the lost wage component of damages can account for the greatest percentage of overall damages received.

As an example, take a construction worker who permanently loses functional use of his arm and can no longer perform his pre-accident work. At trial, he may be able to recover the full salary he would have earned for the remainder of his professional career if not for the accident.

Injury victims are entitled to recover past medical costs that were paid directly out of pocket (rather than by a third party insurance carrier). They can also seek future medical costs for necessary prospective treatment. This component of future damages will typically be established at trial by an expert witness’ presentation of a life-care report. This report outlines the type of treatment the Plaintiff will need going forward along with the associated costs adjusted for inflation.

In cases where the injured party also suffers damage to their personal possessions, and where that damage is not reimbursed through a collateral source such as a separate insurance policy, the injured individual can also include a claim for property damage in their lawsuit for personal injuries. This can also apply if a separate policy only partially reimbursed the cost of property damaged due to the other party’s actions.

The preceding categories of damages are intended to make victims whole i.e. return them as close as possible to their pre-accident status. Punitive damages on the other hand are an additional category of non-economic damages which are designed not for the express purpose of compensating the injured party, but for punishing the liable party for grossly negligent or reckless conduct.

For example, if an individual knew their brakes were defective and continued driving thereby causing or contributing to an accident which resulted in injury, their conduct may be found to be grossly negligent and the victim may be entitled to seek punitive damages.

I work on the basis of contingency fees and don’t charge clients upfront costs or fees. I do not receive any payment unless and until you settle your claim or win at trial. My goal is always to get you the compensation you are owed, and you never have pressure to accept any deal.

For accident victims, it’s critical to seek treatment as soon as possible, both to address presenting injuries as well as those which may be less apparent or in an early stage of development. In this situation, early detection and treatment is the most beneficial course of action.

Defense attorneys and insurance carriers will also examine your post-accident records as part of their evaluations. They will consider whether you received emergency treatment, if you delayed visiting a doctor for any reason, and whether you made any immediate complaints of pain to the body parts alleged in the lawsuit.

After treatment, the next focus is on securing and preserving vital evidence. While specific information or documents may not be relevant or admissible later on in Court, proactively securing certain information at the outset can provide a strong foundation for establishing your right to damages.

The following can help with proving your claim and maximizing your compensation:

Pictures | Videos | Medical Records | Accident Reports | Witness Information

It can be overwhelming to locate the right physicians and practitioners in order to obtain the necessary treatment, especially when you’ve just experienced a serious loss. Brooklyn Lawyer Brian Berger can help. I’m ready to assist my clients with navigating insurance issues and also facilitate access to a network of doctors.

Beyond getting the treatment needed to heal, ensuring your medical injuries are well documented can lead to a quicker resolution and maximize your case’s overall value.

I understand that one of your concerns is the timeline of the legal process. However, it’s important to note that the duration of a personal injury case can vary significantly depending on various factors, such as the complexity of the accident and the severity of your injuries. While I cannot provide an exact timeframe, I can offer some insights into the general process.

It’s important to note that the majority of personal injury cases are resolved through settlements rather than proceeding to trial. Settlements are often preferred by both parties as they provide a more efficient and predictable resolution, avoiding the potential uncertainties and costs associated with a trial. Several factors influence whether a case goes to trial or settles.

Effective communication and keeping clients informed about the progress of their case are essential priorities. I understand the importance of open and transparent communication throughout the legal process. I can provide some insights into how I ensure that you are well-informed and involved.