Understanding Compensation Calculations in Personal Injury Cases in New York

April 26, 2023

Understanding Compensation Calculations in Personal Injury Cases in New York

Injuries can significantly impact one's life, leading to economic and non-economic losses. A personal injury case is a legal matter where an injured party seeks compensation for the losses sustained due to another party's negligence. Understanding how compensation is calculated in a personal injury case can be crucial, particularly if you're a victim of an accident. This blog post will guide you through the compensation calculation process in New York, the factors considered by courts, and who pays compensation to the victims.

Economic Losses:

Economic losses or damages refer to monetary losses incurred, such as medical bills, lost wages or earnings, and property damage. In New York, courts consider economic losses and expenses when determining compensation in a personal injury case. The injured party needs to provide evidence that supports the monetary value they seek to recover. The victim's attorney can work with financial experts, medical professionals, and other relevant professionals to ensure that all the losses incurred are covered.

Non-Economic Losses:

Non-economic losses, also called pain and suffering, are another important factor considered when calculating compensation in personal injury cases in New York. Pain and suffering refer to physical, mental or emotional distress, loss of enjoyment of life, and inconvenience resulting from the injury. Calculating pain and suffering compensation can be quite challenging since there are no set guidelines or procedures. Courts use various factors such as the severity of the injury, the age, and the general health of the victim to determine the non-economic losses incurred.

Comparative Negligence:

New York is a comparative negligence state, which means that compensation can be reduced if the injured party contributed to their injuries in any way. The rule dictates that the damages awarded will be reduced in proportion to the plaintiff's percentage of fault. For example, if the plaintiff is found 30% at fault in the accident, their compensation will be reduced by 30%.

Who Pays Compensation to The Victims?

The party responsible for the injury will be held liable for compensation to the victim. In most cases, the responsible party has insurance coverage, and the insurance company will pay the compensation. If the responsible party does not have insurance or insufficient coverage, the victim's attorney can consider other options, such as filing a lawsuit against the party's assets.

Law Offices of Jason B. Kessler, PC Can Assist You with Personal Injury Cases in New York:

At Law Offices of Jason B. Kessler, PC, we offer legal services with personal injury cases in New York. Our team has vast experience in dealing with different types of personal injury cases, from car accidents to slip and fall cases. Our lawyers can represent your interests in court and ensure that you receive the maximum compensation you deserve. We work on a contingency basis, which means that we only receive payment once you receive compensation.

Compensation calculations in personal injury cases can be complex, and understanding the process can be crucial in ensuring that you receive the maximum compensation you deserve. The factors considered by New York courts when determining compensation include economic and non-economic losses, comparative negligence, and the party responsible for the injury. Law Offices of Jason B. Kessler, PC can help you navigate through the compensation calculation process and represent your interests in court. If you're in New York and need legal assistance with a personal injury case, don't hesitate to contact us.

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