What Types of Compensation Can You Recover in a New York Car Accident Claim?
When you are involved in a car accident in New York, the immediate aftermath can be overwhelming and confusing. In addition to the physical injuries and emotional distress, the financial implications of an accident can be substantial. Understanding the types of compensation available to you is crucial in ensuring that you can adequately recover and rebuild after an accident. At Leandros A. Vrionedes, P.C., we are dedicated to helping clients navigate the complexities of car accident claims in New York and strive to secure the full compensation they deserve. Call today to speak with a dedicated and experienced New York personal injury lawyer.
Serious Injury Threshold
The first thing to know about recovering compensation in a New York car accident is the difference between fault-based and no-fault claims. Unless you are seriously injured, your financial recovery will be limited to benefits under your no-fault personal injury protection (PIP) coverage. This insurance coverage covers reasonable and necessary medical expenses plus a portion of lost wages (80%) while you are out of work due to the injury. Wage replacement can last for up to three years and is capped at $2,000 per month, and medical bills plus lost wages combined top out at $50,000 on a basis PIP policy.
If you suffered a serious injury as defined in New York Insurance Law 5102(d), you can recover a fuller amount of compensation for the many damages you have incurred due to the accident. You’ll have to be able to prove the other driver was negligent and caused your injuries, and you’ll have to demonstrate what those injuries are. Legal assistance is necessary to prove your case and negotiate a full and fair settlement with the other driver’s insurance.
Assuming your injuries are serious and that you can prove your case successfully, here are some of the different categories of compensation you may be able to recover:
1. Medical Expenses
One of the primary types of compensation available in a car accident claim is for medical expenses. This includes costs incurred from the emergency services at the scene of the accident, hospital stays, surgeries, medication, rehabilitation, physical therapy, and any future medical treatments related to your injuries.
2. Lost Wages and Earning Capacity
If your injuries prevent you from working, you can claim compensation for lost wages. This compensation covers the earnings you have lost while recovering from the accident. Additionally, if your injuries impact your ability to work in the future, you may be entitled to compensation for the loss of earning capacity. This considers the difference in your earning potential pre- and post-accident.
3. Pain and Suffering
Pain and suffering compensation is awarded for the physical pain and emotional distress you experience due to the accident and your injuries. Unlike economic damages like medical expenses and lost wages, pain and suffering are considered non-economic damages and are subjective. The amount awarded depends on the severity of your injuries, the impact on your daily life, and the prognosis of your recovery.
4. Property Damage
Compensation for property damage covers the costs to repair or replace your vehicle and any other personal property damaged in the accident.
5. Loss of Consortium
In more severe cases, a car accident can affect your relationship with your spouse or partner. Loss of consortium damages compensate for the loss of companionship, affection, and other elements of a relationship affected by the accident. These damages are usually claimed by the non-injured spouse.
6. Punitive Damages
While less common, punitive damages may be awarded in cases where the at-fault party’s behavior was particularly reckless or egregious. These are not meant to compensate the victim but rather to punish the defendant and deter similar conduct in the future. Although more difficult to prove, our team at Leandros A. Vrionedes, P.C., is dedicated to pursuing all avenues of compensation and will fight for punitive damages in appropriate situations.
Legal Assistance for Your New York Car Accident Claim
Navigating the legal landscape of a New York car accident claim can be challenging, especially while you are dealing with the physical and emotional toll of the crash. At Leandros A. Vrionedes, P.C., we understand the intricacies of New York law and are committed to advocating for the rights of our clients to ensure they receive the maximum compensation possible.
If you or a loved one has been seriously injured in a car accident in NYC, call us today at 213-889-9362 for a free consultation to discuss your case and explore your legal options. Our experienced team is ready to guide you through every step of the claims process, ensuring your rights are protected and your recovery is prioritized.
