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.