When you are injured in an accident caused by someone else’s negligence, you are entitled to file a personal injury lawsuit. This will allow you to recover the full amount of compensation that is necessary to repay all of the actual economic and non-economic losses you suffered.
If you do file a lawsuit, your personal injury lawyer should assess all of your feasible present and future losses to recover the largest compensatory damages award that you are entitled to receive. For over four decades, Kantrowitz, Goldhamer & Graifman P. C. has fought vigorously to help injured parties. Contact us to schedule a free case review.
What kinds of losses are included in a compensatory damages award?
The most immediate financial strain for an accident victim is the cost of medical care to treat their injuries. The total claim for direct economic losses and non-economic damages, however, will generally include much more:
- Costs of prospective future medical treatment
- Expenses for commuting to and from appointments with doctors and therapists
- Wages and salaries that are not earned while the accident victim recuperates
- Compensation to account for lost employment and promotion opportunities
- Payments for occupational and rehabilitation therapy
- Expenses incurred to modify living quarters to accommodate reduced mobility due to injuries
- Compensation for the victim’s pain and suffering, psychological stress caused by disfigurement, and the impact of injuries on the victim’s ability to enjoy time with family and friends
- Payment for losses and damage to personal property.
Are punitive damages considered part of an accident victim’s compensatory damages?
Accident victims in personal injury lawsuits will rarely recover an award of punitive damages. Compensatory damages reimburse the individual for their losses. However, punitive damages are not a function of the victim’s losses. Instead, they are a direct civil penalty assessed against the defendant for egregious, willful, or wanton negligence or misconduct.
Both New York State and New Jersey impose very high bars for the recovery of punitive damages in a personal injury lawsuit. However, the unavailability of punitive damages should not discourage a victim from filing a lawsuit where a serious accident and injury occurred. Compensatory damages can be substantial.
What an attorney can do for you
The specific amount of damages that may be recoverable in a personal injury lawsuit depends on the facts of the accident and the extent of the accident victim’s losses and injuries. The insurance companies responsible for paying those damages might tell you that you can only recover your medical expenses or some other token amount. However, never accept an offer from them. Instead, speak with an attorney so that you may receive the full and fair amount you deserve.
Contact us for a free case review The personal injury attorneys at Kantrowitz, Goldhamer & Graifman represent accident victims in Rockland and Bergen Counties and elsewhere in New York and New Jersey. Contact us as soon as possible after your accident. Our intake specialists will connect you with one of our highly experienced lawyers, who can give you a thorough assessment of the compensatory damages in your case.