Types of Damages in A Personal Injury Case

Accidents like car wrecks and slip-and-falls can change your life in the blink of an eye.  Don't let the negligence of someone else affect your future. Work with an attorney to see how you may be entitled to compensation for your injuries. At Law Offices of Spencer M. Fein, P.C., we provide knowledgeable legal guidance to clients on issues such as car accidents and premises liability. We represent individuals throughout New York, including Ossining, Briarcliff Manor, Yonkers, Mount Kisco, and White Plains. RYou or a loved one can suffer an injury in just about any situation throughout the day. Car, truck, bicycle, motorcycle, construction, worksite, slip and fall, and many other accidents can lead to serious and life-changing injuries.   So the question then becomes what type of damages could this injured person be entitled to:

Economic

The term “economic loss” means any pecuniary loss resulting from harm to the extent recovery for such loss is allowed under applicable State law. Economic damages are any loss suffered that can be quantified by an invoice, bill, or receipt. The most common economic damages in personal injury cases include the following:

• Medical bills: The cost of medical treatment, surgery procedures, medication prescribed by a treating doctor, medical transportation costs,  visits to the emergency room, admission for hospital stays and purchases of medical equipment.

• Damage to Property:  If your car was damaged in a crash, you can be reimbursed for any repair costs to get it back to normal.

• Lost earnings: You can be compensated for the money you would have made had you not missed going to work because of your injury.

• Cost of rehabilitation: Rehabilitation costs include physical therapy, cognitive therapy, speech therapy, and occupational therapy.

• Expenses paid out-of-pocket: Out-of-pocket expenses include money spent to modify your home or vehicle due to the injuries suffered in the accident.

Non-Economic Damages

The term “non-economic damages” means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses. Non-economic damages are those that cannot be quantified with a bill, invoice, or receipt. Instead, an in-depth evaluation of how the injury impacted your life will need to take place. Non-economic damages are subjective. They include the following:

• Pain and suffering

• Physical impairment or disfigurement

• Emotional distress

• Loss of consortium

• Loss of enjoyment of life

To be able to claim these damages you will be required to show substantial evidence as to how your life has changed in any of the above categories in order to recover compensation.  This is where an experienced personal injury attorney in Westchester County is useful.

Punitive Damages

Punitive damages are also called “exemplary damages,” which are damages assessed in the legal process to punish a defendant for negligence.  Punitive damages are not common in every personal injury case. They are a special category of damages that must be awarded by a judge.  Punitive damages are meant to deter a defendant from similar actions in the future.  Examples of when punitive damages might be awarded include the following:

• Drunk driving accidents

• Defective products

• Gross negligence

• Medical malpractice

In the case of personal injury cases courts may choose to apply punitive damages. However, they will typically only do so if the plaintiff can prove that the defendant engaged in an intentional matter and/or engaged in wanton and willful misconduct.

Recovering the Above Types Damages

At the Law Offices of Spencer M. Fein P.C., we provide legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. We represent the legal interests of those individuals who have sustained orthopedic injuries, spinal cord injuries and other personal injuries. The office handles cases that have resulted from car accidents, truck accidents, trip and falls, slip and falls, dangerous premises, construction accidents, police brutality, assault and other acts of negligence. Our law firm stands up against the corporate interests of the insurance companies, on behalf of our injured clients.

Suffering injuries in an accident and deciding to hire a lawyer can be overwhelming. At the Law Offices of Spencer M. Fein P.C., we are known for our aggressive advocacy approach to personal injury law. In addition to focusing solely on helping injury victims, the keys to our success include a painstaking attention to detail, a willingness to work long hours, and the refusal to accept less than the maximum compensation for each client. We are compassionate with clients and aggressive with the opposition.  We are committed to making sure you understand and feel comfortable with the way we handle your case. We do what it takes to achieve the best results for our clients.

Circumstances are different for every case. If you or a family member were injured due to someone else's fault, please contact us to discuss the details. We will evaluate your claim and explain your options at no charge.