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What Types of Damages can I sue for After Incurring a Serious Injury as a Result of a Car Accident?

Once we establish that another party was responsible (negligent) for your accident and that you suffered a “Serious Injury” or an economic loss beyond what No-Fault insurance may have paid, we can then determine the types of damages we can pursue for you.

Recoverable damages are divided into two categories: economic and non-economic damages.

Economic Damages

In New York, economic damages provide accident victims, such as you, with compensation for all of your direct, out-of-pocket losses that are not covered by No-Fault insurance. Examples of verifiable and calculable losses you could recover include:

  • Medical Bills – any medical expenses you have because of the accident, including any future medical costs you may incur
  • Past Lost Wages – the wages or salary you missed out on when you couldn’t work because of your injuries
  • Future Lost Wages – the wages or salary you will miss out on if you cannot return to work or pursue a potential career due to your injuries
  • Property Damage – any of your personal property that was destroyed or otherwise damaged in the accident
  • Rehabilitation Costs – you may require physical, occupational, speech, and/or other types of rehabilitation
  • Assistive Services – If you need to hire help because you can no longer do the things you used to do yourself after the accident
  • Medical Equipment – Items such as hospital beds, wheelchairs, crutches, and walkers
  • Home Accommodations – Items such as ramps, wider doorways, grab rails and handles, leveled thresholds, stair lifts, raised toilets, zero-entry showers, and other handicap-accessible alterations you require due to your injuries
  • Prescription Medications – These can be expensive and often required to manage pain, infection, and other medical needs after an injury
  • Other Costs – We can request compensation for any out-of-pocket money you have to spend because of the accident

Non-Economic Damages

In New York, you can sue for non-economic damages, which are subjective and not easily calculable like your economic damages, for the harm you suffer due to an accident. There are several types of non-economic damages and since these damages are hard to estimate, you should have the help of a lawyer, like the team at Kammholz Law, to ensure you are receiving a fair amount. Types of non-economic damages which could be include in your claim are:

  • Pain and Suffering – To compensate you for any physical or mental pain and suffering that impacts your life after your injuries
  • Emotional Distress – If you are suffering emotionally after your accident, you may be entitled to compensation for your distress
  • Disfigurement – To compensate you if you suffered disfigurement or permanent scarring because of your injuries
  • Loss of Enjoyment of Life – To compensate you for when you can no longer participate in activities you enjoyed before the accident
  • Loss of consortium – To compensate you for changes in your relationship due to your injuries, such as inability to derive pleasure, comfort, sexual relations, protection, financial benefits, or the ability to bear children

Sadly, until you have experienced a serious car accident, it is impossible to imagine how it can impact your life in so many ways. You or your loved one deserves a fair settlement to regain independence, financial security, health, and the things needed to care for your family. Every claim, just like every person, is unique and cannot be valued the same, which is why you should consult with us to help you through this difficult process.