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Bronx Personal Injury & Real Estate Blog

Wednesday, June 23, 2021

What Monetary Recovery Is Allowed in a Personal Injury Claim?

Yes, getting hurt in an accident can be extremely painful. Yes, it can upturn life as you know it and, yes, it can be extremely costly on a number of levels. The monetary impacts of being injured in a car accident can far and away exceed any initial expectations or preconceptions you may have. The medical bills can seem endless. The inability to return to work and miss out on income can be frustrating and scary. The prospect of returning to any semblance of normal may seem completely obstructed by the financial problems on the road before you. That is where a personal injury claim comes into play. Through a personal injury claim, you can seek compensation for the harm you have suffered in an accident caused by someone else. What exactly can you seek compensation for in a personal injury claim? We will discuss some of the details with you here.

What Monetary Recovery Is Allowed in a Personal Injury Claim?

To start off on a discussion of what monetary recovery is allowed in a personal injury claim, it is good to first discuss the nature of compensatory damages. Compensatory damages make up the bulk, if not the entirety, of damages in a personal injury claim. Compensatory damages are those damages that seek to make the injured party “whole” after an accident. They are the damages aimed at compensating you for your losses as best as possible to put you in a situation as close to the same as you would be in had the accident not occurred at all. Punitive damages may also be available in the rarest of cases. The intent of punitive damages, however, is to punish the wrongdoer. It merits emphasizing that punitive damages are extremely rare and reserved for those cases of particularly egregious behavior on the part of the at-fault party.

Compensatory damages can be further categorized into economic and non-economic damages. Economic damages are named so because they can be calculated with relative ease based on concrete figures. Economic damages include medical expenses that can be calculated using things such as medical bills and receipts for medical equipment. They can also include the cost of future medical care which can be based on your current medical expenses, projected future care needs, and life expectancy. You can also seek recovery of lost wages and loss of future earning capacity. Lost wages can be calculated based on what you earn and the time you have missed work due to your injuries. If your injuries prevent you from returning to work and force you into accepting job opportunities that pay less, you can seek that loss of future earning capacity based on the difference in your earning capacity pre-accident versus post-accident.

Non-economic damages, on the other hand, prove much more elusive in terms of calculation. Non-economic damages include things like pain and suffering resulting from an accident. How do you put a figure on pain and suffering? There are multiple ways courts attempt to do this and a variety of factors that can be included in the analysis. Such factors include the extent of your injuries, the level of treatment your injuries required, and the impact your injuries have had on your relationships and everyday life.

New York Personal Injury Attorney

At the Law Office of Ryan Goldstein, we are thorough in our investigation of how an accident has impacted you and your life. We are detailed in our analysis of the harm you have suffered. We do this to help ensure that you are properly compensated for all losses sustained as a result of the accident. Contact us today.


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