Types of Damages Available in a New York Personal Injury Case

Don’t settle for less; learn how to maximize your injury compensation

In personal injury cases, the term “damages” refers to the money paid to an injured person by the individual or entity found legally at fault for the accident. 

Damages can be awarded as a result of a negotiated settlement or as a result of a civil trial. 

The aim is to make the injured person financially whole, as if the accident never happened. However, the specific damages you can claim depend on the details of your case and the laws of the state where your lawsuit is filed. 

Let’s explore the damages you might be able to recover in a New York personal injury case.

Compensatory damages in New York

Compensatory damages, sometimes referred to as “actual damages,” are intended to compensate an injury victim for all of the harm, losses, or injuries they suffered due to their accident. 

Consider the following example:

What would it take to return Tony to the position he was in before the car accident?

First, Tony’s car would need to be returned to its pre-accident condition (at a cost of $10,000). Second, his neck would need to be treated until it was healed (at a cost of $100,000). Lastly, he would need to be compensated for his missed time at work (at a cost of $6,000). 

Accordingly, a compensatory damage award of $116,000 would cover Tony’s monetary losses. 

But what about the pain and emotional distress caused by the accident? 

Fortunately, New York allows injury victims to recover both economic and non-economic damages. Let’s take a closer look.

What are economic damages?

Economic damages (also called “special damages”) are intended to compensate a plaintiff for the monetary losses caused by their accident. 

These damages are objectively verifiable, meaning they can be proven by showing something like a medical bill or an estimate from an auto mechanic. 

Common economic damages include:

• Medical expenses: Medical expenses include everything from doctor visits to psychological therapy. What’s more, New York allows plaintiffs to recover past medical expenses (the medical expenses incurred at the time the lawsuit was filed) as well as future medical expenses (the medical expenses caused by the accident that the plaintiff reasonably expects to incur over the course of their life).
• Lost income: Lost income includes the income you missed out on because you were recovering from your accident. This may be because you were unable to work or because your injury forced you to take a lesser paying position. Just like medical expenses, lost income includes past income (the income you lost up to the date you filed the lawsuit) as well as future income (the income you reasonably expect to lose in the future because of the accident).
• Property damage. You’re entitled to recover the costs of fixing or replacing any property damaged in your accident. The most common example is the cost of repairing or replacing your vehicle after a car accident.

What are non-economic damages?

Non-economic damages (sometimes called “general damages”) are intended to compensate you for the non-monetary consequences of your accidents. 

Non-monetary damages commonly include:

• Pain and suffering: Pain and suffering refers to the physical discomfort caused by an accident. Physical pain is subjective and difficult to prove. As a result, insurance companies, judges, and juries have to rely on a number of factors when attempting to determine how to compensate you for your pain and suffering. These factors include the type of injury, the type of medication prescribed, the length of recovery, and the permanence of the injury.
• Emotional distress (sometimes called “mental anguish”): Accidents don’t just cause physical pain; they almost always take some emotional toll. Similar to pain and suffering, emotional distress is difficult to quantify. Medical records of therapy sessions and witness statements from friends can help support a claim for emotional distress. 
• Loss of consortium: Loss of consortium refers to the loss or reduction of the intangible benefits of a relationship. If a loved one has been in an accident and, as a result, has lost the ability to provide you with the love, affection, and companionship you’re used to, you can recover damages for these losses.

Punitive damages in New York

Punitive damages (sometimes called “exemplary damages” are distinguishable from compensatory damages. Whereas compensatory damages attempt to compensate the plaintiff for their losses, punitive damages are intended to punish the defendant for their wrongdoing and deter similar misconduct in the future. 

Punitive damages are similar to criminal fines except that the plaintiff, rather than the state, is entitled to the money. 

Not every state allows punitive damages in personal injury cases. In New York, punitive damages are only available if the plaintiff can prove by “clear and convincing” evidence that the defendant acted with wanton disregard or recklessness that borders on criminal behavior.

“The nature of the conduct which justifies an award of punitive damages... is conduct having a high degree of moral culpability. The conduct does not have to be intentionally harmful but may consist of actions which constitute willful or wanton negligence or recklessness.”

-Home Insurance v. American Home Products Corp., 75 N.Y.2d 196, 551 N.Y.S.2d 481, 550 N.E.2d 930 (N.Y. 1990)

Damage caps in New York

In contrast to many states, New York doesn’t set a maximum limit on the compensation for pain and suffering in personal injury cases. This allows the jury significant leeway to decide on damages according to the facts of the case. 

The fact that there are no damage caps increases the need for an experienced personal injury case to ensure you receive the compensation you deserve.

Understanding the effect of comparative fault on your personal injury compensation

New York is a pure comparative negligence state, which means each party is assigned a percentage of fault and the plaintiff’s damage award is reduced by their percentage of fault.

Consider the following example:

Understanding personal injury laws in New York, especially how damages and fault affect your compensation, can be complicated. To make sure you get the compensation you're entitled to, consider speaking with a knowledgeable New York attorney. Contact one today to get help with your case.