The 3 Types of Damages You Can Recover in a Personal Injury Lawsuit in New York

Personal injury lawsuits are among the most prominent legal cases in New York. Predicated on the fundamental principles of negligence or intentional misconduct, personal injury cases allow a person to sue for money damages including medical bills, lost wages, pain and suffering, and loss of life’s ordinary pleasures. Simply put, the injured party has the right to seek compensatory damages stemming from another’s harmful conduct.

When pursuing a personal injury lawsuit, a plaintiff may be entitled to various types of damages, each serving a unique purpose. However, getting the compensation you deserve requires the help of a good lawyer with knowledge and experience. Here at Selingo Guagliardo, our personal injury lawyers in New York are ready, willing, and able to help you get the justice you deserve. 

You don’t have to suffer in silence; contact us today for more information about recovering damages.

3 Types of Damages for Personal Injury Cases

There are three main types of damages you may be awarded in a New York personal injury lawsuit: economic damages, non-economic damages, and punitive damages.

To help you better understand your situation so you can go forward and live your best life, the expert legal team at Selingo Guagliardo has put together the following helpful guide to the main types of damages. Below, we’ll delve deeper into each of these categories, detailing their purpose, the types of losses they encompass, and how they are calculated.

By better understanding the personal injury damages that may be recoverable, you will be better equipped to pursue fair and appropriate compensation.

1. Economic Damages

Economic damages, also referred to as special damages, are primarily intended to compensate plaintiffs for quantifiable monetary losses incurred as a result of the injury. These damages serve to make the injured party whole by covering out-of-pocket expenses directly related to the injury.

Common types of economic damages include medical expenses, lost wages, loss of earning capacity, property damage, and future medical costs. Medical expenses can encompass both past and future costs, ranging from emergency care at the onset of the injury, to ongoing treatment, therapy, and rehabilitation. Lost wages represent the income the plaintiff would have earned had they not been incapacitated by the injury.

In cases where the injury impacts the plaintiff's ability to work in the future, such as in some car accidents or slip and fall accidents, loss of earning capacity may be claimed. If the injury resulted in damage to the plaintiff's property, they may be compensated for repair or replacement costs.

Calculating economic damages typically involves a straightforward process. Evidence such as medical bills, pay stubs, tax returns, and even expert testimony may be used to determine and prove the extent of the financial loss.

2. Non-Economic Damages

Non-economic damages, often referred to as general damages, compensate plaintiffs for non-monetary losses that are often subjective and harder to quantify. These damages recognize the physical and emotional toll an injury can take on a person's life beyond mere financial impacts.

Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium are among the types of non-economic damages. Pain and suffering encompasses both the physical pain and emotional distress experienced by the plaintiff as a result of the injury.

Emotional distress can be awarded for psychological impacts such as anxiety, depression, or post-traumatic stress disorder (PTSD). Loss of enjoyment of life compensates the plaintiff for the inability to enjoy hobbies, exercise, and other activities they once took pleasure in, while loss of consortium is awarded for the negative effects an injury has on a plaintiff's relationship with their spouse or family.

Quantifying non-economic damages can be challenging due to their subjective nature. In many cases, the jury has a significant degree of discretion in deciding on a fair amount to be awarded to the injured party. Factors such as the severity of the injury, the extent of physical or mental suffering, and how the injury affects the plaintiff's daily life may influence the final award.

3. Punitive Damages

Punitive damages diverge from the compensatory nature of personal injury lawsuits. They are not intended to reimburse the plaintiff for loss or injury, but instead, they serve a dual purpose: to punish the defendant for particularly reprehensible conduct and to deter similar behavior in the future.

In New York, punitive damages are awarded only in certain circumstances, generally when the defendant's conduct is shown to be malicious, outrageously reckless, or particularly egregious. This may include instances of gross negligence, intentional infliction of harm, or fraudulent behavior. Unlike economic and non-economic damages, punitive damages are not tied directly to the harm suffered by the plaintiff; instead, they are related to the nature of the defendant's misconduct.

The process of determining the amount of punitive damages to be awarded is highly discretionary and is not rooted in concrete calculation methods. Courts typically consider several factors, such as the severity of the defendant's conduct, the defendant's wealth or financial condition (since the intent is to punish and deter), and the harm suffered by the plaintiff. 

It's crucial to note, however, that the Supreme Court has held that excessively high punitive damage awards can violate the Due Process Clause, implying there is a constitutional limit to these awards.

Selingo Guagliardo Can Help You Recover Damages in NY

Understanding the different types of damages isn’t always easy. That’s why it’s important for anyone seeking compensation to secure expert legal counsel. Selingo Guagliardo’s experienced attorneys can guide you through this complex process, ensuring you understand your rights, the potential damages you may recover, and the most effective strategies for presenting your case.

Whether you’re hoping to recover personal injury damages for an on-the-job accident, medical malpractice, or another type of personal injury case, Selingo Guagliardo is here to help. With our legal guidance, you can maximize your potential compensation and bring your journey towards healing and restoration one step closer to completion.

Reach out to Selingo Guagliardo today so you can go forward with your life.

How is Personal Injury Liability Determined in New York?

Personal injury cases come in many different shapes and sizes, from slip and fall incidents to medical malpractice. One thing all personal injury cases have in common, though, is the principle of liability. Personal injury liability is what separates a faultless accident from a preventable act of criminal negligence.

Here at Selingo Guagliardo, we know how difficult it can be to navigate the fallout of a personal injury. You may be left struggling with medical expenses and lost wages, not to mention pain and suffering. Pursuing legal action could help ease your burdens. Doing that, however, requires determining who is or isn’t liable for your damages.

To help you go forward and reclaim your life, we’ve written this handy guide to help you understand how personal injury liability is determined in New York. If you were injured through no fault of your own, contact Selingo Guagliardo today. We can get you the compensation you deserve.

Negligence and Fault in New York Personal Injury Law

Negligence is a foundational concept in personal injury law. Essentially, negligence occurs when an individual or entity fails to exercise the level of care that a reasonable person would in similar circumstances. This failure leads to injury or harm to another person. 

Negligence is composed of four elements that must be established to successfully pursue a personal injury claim:

• Duty of Care: The defendant owed the plaintiff a legal duty to act in a certain way. For example, drivers have a duty to obey traffic laws and not cause harm to others on the road.

• Breach of Duty: The defendant breached this duty. For instance, a driver speeding or driving recklessly is breaching the duty of care.

• Causation: The defendant's breach of duty caused the plaintiff's injury. It must be shown that the defendant's action (or inaction) directly led to the injury.

• Damages: The plaintiff suffered harm or damages, such as physical injury, emotional distress, or financial loss, as a result.

In New York, the system of 'comparative negligence' is applied. This means that a party can recover damages even if they are partially at fault for the incident. However, the compensation will be reduced by the percentage of their fault. For example, if a plaintiff is found to be 20% at fault, they can still recover, but their damages will be reduced by 20%.

The Role of Evidence in Determining Liability

Evidence plays a pivotal role in establishing liability in personal injury cases. It serves to substantiate the claims made by the injured party, linking the defendant's actions or omissions to the damages incurred. Examples of evidence may include photographs of the accident scene, medical records, witness testimonies, and police reports.

The evidence should provide clear proof of the four elements of negligence: duty, breach, causation, and damages. In New York, like other jurisdictions, the burden of proof rests with the plaintiff, meaning it's their responsibility to present convincing evidence that demonstrates the defendant's liability.

New York's Statute of Limitations for Personal Injury Claims

The statute of limitations is the timeframe within which a personal injury lawsuit must be filed. In New York, the statute of limitations for most personal injury cases is three years from the date of the accident. However, for medical malpractice, the limit is two and a half years.

Notably, if a claim isn't filed within these periods, the injured party generally loses the right to sue. Understanding these time limits is crucial as they can significantly impact the ability to receive compensation for injuries.

The Process of Determining Personal Injury Liability in New York

Determining personal injury liability in New York is a meticulous process that typically begins with an investigation of the incident. This can involve examining the accident scene, interviewing witnesses, reviewing police reports, and collecting other relevant evidence.

Next, the plaintiff's attorney will typically engage in negotiations with the defendant's insurance company in an attempt to reach a fair settlement. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will review the evidence and make a final decision on liability and damages.

Throughout this process, the principles of negligence and the doctrine of comparative negligence play a crucial role in determining the final outcome.

Selingo Guagliardo Will Help You Prove Personal Injury Liability

Understanding how personal injury liability is determined in New York can be complex. It involves navigating intricate legal principles such as negligence, comparative fault, and statutes of limitations. The importance of evidence in proving a claim and the process of recovering damages further add to the intricacies of these cases.

Fortunately, the personal injury lawyers at Selingo Guagliardo have the knowledge and experience necessary to help you make sense of New York’s personal injury liability laws. We can help you untangle the legal complexities and find the evidence you need to prove negligence. You don’t have to do this alone. We’re happy to be there, right by your side.

Contact us today to go forward and get the compensation you deserve.

What is the Personal Injury Statute of Limitations in New York?

Sometimes, when tragedy strikes, it can feel like the whole world is frozen in place. Life seems to slow to a crawl as you struggle to recover and reacclimate. The truth, however, is that time doesn’t stop. The clock is always ticking.

If you’ve suffered a personal injury as a result of someone else’s negligence, such as in a slip-and-fall case, you may be entitled to compensation. Our justice system exists in part to help those who have been unjustly hurt. That help comes with a time limit, though. If you don’t act quickly enough, you could miss your chance to pursue legal action.

Don’t wait until it’s too late to get yourself a good lawyer. Call Selingo Guagliardo today!

Understanding New York’s Personal Injury Time Limit

A statute of limitations is a law that specifies how much time a plaintiff has to initiate legal proceedings from the date of their grievance. Each state has its own different statutes of limitations for different offenses. For example, in the state of New York, the statute of limitations for wrongful death is two years, while the statute of limitations for fraud is six years.

Currently, the negligence statute of limitations in New York is three years from the date of the accident. This means that, if you have been injured due to someone else’s negligence, you have three years from when you were injured to file a lawsuit.

That said, there are some exceptions to this rule. If you’re worried about filing before the personal injury time limit has expired, it’s important to contact an attorney as soon as possible. The personal injury lawyers at Selingo Guagliardo have the knowledge and experience necessary to make sure your claim is filed quickly and correctly. Call us to learn more!

Exceptions to the New York Personal Injury Statute of Limitations

When is the New York personal injury statute of limitations not the final word on when you can file? Here are a few instances where the personal injury time limit in New York is extended or otherwise altered:

Discovery

In cases where the damages suffered by the plaintiff may not be immediately obvious, the personal injury statute of limitations may extend not from the date when the damage occurred, but from the date when they were discovered.

A good example of this is a medical malpractice lawsuit. The statute of limitations for filing a medical malpractice is usually, two years and six months from the date of the malpractice. However, there are many instances where patients are initially unaware that their health has been negatively impacted.

In these kinds of cases, plaintiffs may have 2 years and six months from the date of their discovery of malpractice, rather than from the date of malpractice itself.

Age

Another situation where a plaintiff may be allowed to pursue legal action even after the usual statute of limitations has expired is when the person injured was a legal minor at the time.

Under New York law, anyone under the age of 18 is considered too young and experienced to be able to fully comprehend legal matters. As a result, the personal injury statute of limitations in New York is tolled for them until they turn 18. This means that, in New York, a person who was previously injured due to another person’s negligence has three years from the date of their 18th birthday to pursue legal action.

Specific Cases

Not all fall under the general personal injury statute of limitations. The negligence statute of limitations states that a plaintiff must file within three years of the date of their injury. However, certain specific cases have their own personal injury time limits.

• General personal injury statute of limitations – three years

• Assault or battery statute of limitations – one year

• Car accident statute of limitations – three years

• Medical malpractice statute of limitations – two years and six months

• Product liability statute of limitations – three years

• Wrongful death statute of limitations – two years from the date of death

• Intentional harm statute of limitations – one year

• Defamation statute of limitation – one year

• Personal injury to a minor statute of limitation – three years from the plaintiff’s 18th birthday

The Clock is Ticking! Call Selingo Guagliardo Now

If you’re thinking about filing a personal injury lawsuit of any kind, it’s important to know New York’s personal injury statute of limitations. The legal experts at Selingo Guagliardo are here to help. No one is better equipped to identify which statutes of limitations your claim falls under and how much time you have left to file.

Here at Selingo Guagliardo, we know how difficult it is to deal with the aftermath of a personal injury. Our goal is to help you go forward and live your life to its fullest. We can get you the compensation you deserve. Call us today. We’re always here for you.

How a Medical Mistakes Lawyer in Pennsylvania Can Help You

Medical mistakes can be disastrous for entire families. When the stakes are so high, settling for a lawyer that is less than stellar can set you back and make things even more difficult. Luckily, Selingo Guagliardo can offer the guidance you need to find a good lawyer in Pennsylvania.

But how exactly is a medical mistakes lawyer supposed to help? Isn’t the worst of the damage already done? Don’t be so sure. While lawyers can’t reverse the original mistake, we can help in several ways when you’re considering a lawsuit.

If you or a family member needs a good medical mistakes lawyer, direct them to the resources offered by Selingo Guagliardo, including the guide below. Take the first step toward justice and learn how we can help you get what you deserve so you can go forward with your life.

They Can Interpret Law

Lawyers are, in part, interpreters of the law. It goes without saying that lawyers bring a certain level of expertise to a courtroom setting that non-lawyers will almost always have trouble articulating clearly. Not all states share the same laws, so finding a good lawyer in New Jersey is a different process than finding one in Pennsylvania.

For those pursuing a medical mistakes lawyer in Pennsylvania specifically, recognize that the lawyer you choose will almost definitely be able to determine where you have a case. Interpreting laws and presenting them in a court of law is a process best handled by professionals.

They Can Bring Experience

Not everyone who steps into a courtroom is guaranteed to have been in that intimidating setting before. Lawyers bring an experience to the table that can help relieve their clients. They need to think quickly on their feet while also having a clear path for making a case prepared. These skills can only be developed through years of experience.

Using a medical mistakes lawyer as your representative in an often overwhelming experience is a fantastic resource to have on your side. In addition, it takes experience for someone to take the details of your story and craft a coherent, convincing argument on your behalf. Put your mind at ease and enlist the help of an experienced lawyer at Selingo Guagliardo.

They Can Offer Support

Medical malpractice cases are notoriously difficult to manage because, in addition to the typical stresses of a lawsuit, many will have the physical scars of medical malpractice. In addition to the people you are closest with, such as your friends and family, a trusted attorney can serve as an additional source of comfort and support during a difficult time.

Finding friends who care about you as a person is an absolute necessity. If your well-being is not a priority to them, it may be time to move on. Think of your lawyer in the same way. They may not be able to heal the mistakes that are physically ailing you, but they can at least provide you with an extra set of ears to make your plight known.

They Can Win the Case

Hiring a lawyer is to win back what you are owed. Winning a case without hiring a lawyer is technically possible, but having an expert on your side significantly increases your chances of success. Finding someone who has the right mix of law insight, experience, and personal support is incredibly helpful when it comes down to it.

Selingo Guagliardo has a proven track record of winning cases on behalf of those who suffered from medical mistakes. If you need a medical mistakes lawyer, our record of success can serve as an example of what a good lawyer can do for you. Let us support you and your family during this undoubtedly difficult time.

Selingo Guagliardo’s Medical Mistakes Lawyers Can Help

Contact us if you have questions regarding the services offered at Selingo Guagliardo. We are happy to offer as much information and support to our clients as possible, and we are prepared to help you manage your medical mistakes case in any way we can. Contact one of our offices in Northeast Pennsylvania to get started.

What to Look for in Medical Lawyers in Your Area

Picking a good medical lawyer is a delicate process you should handle with care. The medical establishment in most areas will have the financial resources to step into the courtroom without hesitation, but you may not be so fortunate.

The trick is to find a medical lawyer in your area who you can trust. For example, in Northeast Pennsylvania, you would be hard-pressed to find a medical lawyer with the compassion, expertise, and experience of Selingo Guagliardo. But what should you do if you live somewhere else? How do you know if a law firm is prepared to take on your case?

The best way to answer these questions is to ask. Call up the law firms in your area and pose them with questions that are important to you and your case. In this guide, we will pose four questions to which you should know the answers after hanging up with any prospective medical lawyer. Check out these questions, so you know what to look for in a medical lawyer in your area.

How Well Do They Know Local Hospitals?

When laying out the details of your case, ensure the lawyer you are speaking with has some knowledge of the medical facility you visited. Consider it a massive red flag if the lawyer has no idea what you are talking about or seems insincere. All medical lawyers should have at least some knowledge about the hospitals and medical facilities in their area of service.

It is possible that the lawyer or one of their associates has previously dealt with a specific hospital. If this previous bid in the courtroom was successful, they might also have some insight into what needs to be done in your case. As a general rule, prioritize well-connected medical lawyers who bring a wealth of information to the table.

Do They Show Compassion?

If you are seeking out a medical lawyer, there is a good chance that you have recently been the victim of medical malpractice lawyers. This is always a tough situation, and you will need a strong support system behind you to help soften the damage. The lawyer you choose should approach the problem with the same compassion as a family or friend would.

Rather than speaking only about the heavy legal jargon of your case, make sure the person on the other end has a sense of empathy for what you have gone through. Not every lawyer needs to be defined by their ability to “fight” for you. Sometimes a medical lawyer must bring the human element with them as they craft a case.

What Is Their Expertise?

Some law firms are willing to take on medical malpractice cases even if that is not their clear expertise. This can work in some cases, but you may want to test a lawyer’s knowledge of medical malpractice before turning to them, even if they are someone you have worked with at some previous point.

Medical lawyers are distinct in the law world because their focus is on a certain type of case. Explore the options of medical lawyers in your area before jumping into a more convenient arrangement with someone who is just trying to collect any check they can. Medical lawyers, naturally, have more experience in medical malpractice cases, generally making them more qualified. And speaking of experience…

Are They Experienced?

There is nothing wrong with finding a young, enthusiastic lawyer to take on your medical malpractice case, but wouldn’t it be nice to find an equally enthusiastic lawyer with decades of experience? If you can find that person in your area, don’t pass up the opportunity to have them on your side. Having an experienced attorney with a track record of success on your side is genuinely invaluable for local cases.

The lawyers at Selingo Guagliardo bring years of experience to the table, offering a unique perspective on personal injury cases. Use this standard as the benchmark as you scour your local law firm options for a team that can provide you with the service you deserve.

Give Selingo Guagliardo’s Medical Lawyers a Call Today

Selingo Guagliardo brings the knowledge, compassion, and experience you should expect from a medical lawyer in your area. If you live in Northeast Pennsylvania and need a medical lawyer, look no further than Selingo Guagliardo. Give us a call today!