Littman & Babiarz, personal injury attorneys in Ithaca, Auburn, Elmira and Syracuse NY, want you to know about the various types of damages for which you may be eligible to receive financial compensation in a personal injury case. One of the main questions our clients ask us about in personal injury cases is who to receive financial compensation. All cases vary, and outcomes do as well, so no specific claims can or will be made. If you have been injured in an accident, contact Littman & Babiarz, your personal injury lawyers in Central, New York, for a free consultation. You may be entitled to financial compensation.
All personal injury cases begin with establishing negligence. The party or entity being charged must have had a recognized legal duty and must have breached that legal duty. Causes of the injuries sustained will be examined, and a judgment rendered about whether or not the accused is guilty of negligence.
Damages are the last part of a plaintiff’s case that must be established. The injured party can potentially recover damages in a personal injury suit if he or she is able to prove three things:
- that a person, entity, or company was negligent
- that the negligence of the person, entity, or company was the cause of the injuries sustained
- that the injured party’s conduct was not negligent
After passing those three hurdles, your personal injury lawyers in Auburn, NY, can proceed to sue for damage compensation. Damages fall into two basic classifications in a personal injury lawsuit: Compensatory Damages and Punitive Damages. There are no guarantees that a claimant will be able to recover both types of damages. Let’s examine both types.
Compensatory Damages
These damages are for payment or compensation for the injured party’s losses and injuries sustained. Compensatory damages include economic damages (loss of things that cost money) and non-economic damages (intangible types of losses).
- Medical damages are calculated on past, present, and future medical needs relating to the injuries sustained in the accident.
- Damages for pain and suffering are calculated based on the intensity of physical pain that a person endures, along with their loss of quality of life.
- Damages for lost wages and/or income can be recovered if a person misses work because of an injury. If the injury will prevent the victim from working in the future, damages may also be found for lost earning capacity.
- Emotional damages are awarded in certain circumstances if a person suffers severe emotional distress. The laws surrounding these types of damages are complex.
- Loss of consortium can be awarded when the victim is so disabled as to lose the ability to engage in normal companionship activities experienced with loved one.
- Property damages are awarded when an accident causes damage to property that must be repaired or replaced.
Punitive Damages
All personal injury cases are not awarded punitive damages. Punitive damages are neither economic damages nor non-economic damages because they do not compensate for any loss. These damages are used in limited situations to punish the party who caused the injury. Lawmakers have established punitive damages to address behavior that is considered to be so reckless or hazardous that the conduct demonstrates malice or a willful disregard for others’ safety, health, and rights.
Certain criteria must be met concerning the circumstances of the case, including the level of negligence, any willful intent, and the seriousness of injuries sustained, among others. If you have been injured in an accident and are considering a personal injury lawsuit, consult with Littman & Babiarz, personal injury attorneys in Ithaca, NY, about your case.
Personal Injury Attorneys in Auburn, NY
Calculating damages is part technical calculations and part art form. It requires a knowledge of New York personal injury law and precedent, experience, and input from experts. Littman & Babiarz is a law firm which focuses on helping disabled and injured people with personal injury litigation. We strive to provide the best personal injury representation in Central New York.
Contact us for your free initial consultation. We can explain the process to you and help you get the benefits, compensation, and medical treatment you need and deserve. Call today at 607-277-7527 or contact us online.