If you intend to file a personal injury claim in New York, you’ll have to prove the types of damages you’ve incurred and their value. The evidence your attorney will need to support your claim depends on the facts of your case, but generally speaking, the following evidence is often used to prove damages:
- Medical documentation;
- Photos of injuries;
- The victim’s personal injury journal;
- Testimony from caregivers and medical, economic, and vocational experts;
- Documentation of lost income; and
- Receipts and invoices for injury-related expenses.
The types of damages that may be recoverable will depend on the severity of your injury, whether you were sidelined from work, how the injury has affected your general wellbeing, and many other factors. In the state of New York, the following damages may be available in personal injury cases:
- Medical Bills
All expenses associated with treating your injuries may be recoverable. Examples include:
- Ambulance transport;
- Emergency care;
- Hospital stays;
- Prescription medication;
- Diagnostic imaging;
- Anticipated surgeries;
- Physical therapy;
- Home care; and
- Medical equipment.
- Lost Income
If you missed any work while recovering, you can pursue compensation for the wages you lost. If the injuries prevent you from returning to work at all, you can include lost benefits and loss of future earning capacity in the settlement negotiations, as well.
- Property Damage
The cost of repairing or replacing any property that was damaged in the accident might be recoverable. If you were hurt in a car accident, for example, you may be entitled to compensation for vehicle repairs or replacement.
- Other Objectively Verifiable Damages
Depending on the severity of your injuries, you may need help with child care, transportation, and/or daily chores until your condition improves. Fortunately, all such expenses may be recoverable as long as they were reasonable, necessary, and a direct result of the accident.
- Non-Economic Damages
In the state of New York, personal injury claimants can pursue compensation for non-economic damages like pain and suffering, mental anguish, physical impairment and disfigurement, and hedonic damages. Since such damages will not be accompanied by any receipts or invoices, they can be challenging to prove without the help of a skilled personal injury attorney.
Evidence of non-economic damages may include photographs of injuries, statements from experts, and your own journal entries. Photographs can be used to prove scarring and disfigurement while statements from experts can explain any permanent disabilities. Journal entries can supplement medical records by contextualizing the recovery process.
- Punitive Damages
In the state of New York, punitive damages are rarely awarded in personal injury cases; however, there are scenarios in which they are warranted. An injury victim may pursue a punitive award if the liable party’s conduct constituted willful negligence, wanton recklessness, maliciousness, or fraud.
Call 212-421-0300 to Speak with a Personal Injury Attorney in New York City
If you want to file a personal injury claim in New York, contact The Law Office of Richard M. Kenny to discuss your case. We have recovered more than $100 million for our clients in successful settlements and verdicts. Call 212-421-0300 or use our Online Contact Form to set up a free consultation with a personal injury lawyer in New York City.
