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When pursuing a Personal Injury claim in New York City, understanding the factors that influence compensation is vital. The compensation awarded in Personal Injury cases aims to address the physical, emotional, and financial impact of the injuries sustained. In this article, we will delve into the key factors that can affect compensation in Personal Injury cases in New York City, helping you gain insights into what to expect during the legal process.
Severity of Injuries
The extent and severity of your injuries play a significant role in determining the compensation you may receive. Severe injuries that lead to long-lasting or permanent disabilities, extensive medical treatments, or significant pain and suffering generally result in higher compensation.
Medical Expenses
The medical expenses incurred as a result of your injuries are an essential component of compensation. This includes current medical bills, future medical treatments, prescription medications, rehabilitation, and therapy costs. To maximize your compensation, it is important to keep records of all medical expenses related to your injury.
Lost Wages and Earning Capacity
If your injury has caused you to miss time from work or has impacted your ability to earn a living in the future, you may be entitled to compensation for lost wages and reduced earning capacity. Documentation, such as pay stubs, tax returns, and statements from employers, will help establish the extent of your financial losses.
Pain and Suffering
Pain and suffering refer to the physical and emotional distress caused by the injuries. Although it is challenging to assign a monetary value to pain and suffering, courts consider various factors, such as the nature and severity of the injuries, duration of pain, emotional trauma, and impact on daily life when determining compensation.
Comparative Negligence
New York State follows the rule of Comparative Negligence, which means that if you are found partially at fault for the accident that caused your injuries, your compensation may be reduced accordingly. However, even if you are 99% at fault you can still pursue a Personal Injury claim and recover damages proportionate to the other party’s liability.
Insurance Coverage
The insurance coverage available plays a significant role in determining potential compensation. Whether it is the at-fault party’s liability insurance, your own insurance coverage, or other sources of compensation, understanding the policy limits and coverage details is important in estimating the compensation you may receive.
What type of compensation you can receive?
Navigating the complexities of Personal Injury claims in New York City can be challenging. The compensation you receive is influenced by various factors, including the severity of your injuries, medical expenses, lost wages, pain and suffering, comparative negligence, and insurance coverage. To ensure you receive fair compensation for your injuries, it is advisable to consult with a reputable personal injury attorney who can assess the specifics of your case, guide you through the legal process, and advocate for your rights effectively. The attorneys at Shalom Law can do just that. We are prepared to fight hard for you to ensure your rights are protected and you receive the maximum compensation you deserve.
Call us today for a free consultation: (718) 971-9474.