In matters where an individual decides to move forward and file a personal injury lawsuit to recover damages related to injuries suffered in an accident, it's important to understand exactly what that means.
In general, damages can be recovered for injuries and losses that result from one's involvement in a car accident. New York State has a contributory negligence law meaning that an individual may sue to recover damages suffered in a car accident even if he or she was assigned a percentage of fault in causing or contributing to the accident. It's important to note, however, that any damages that may be recovered are reduced based upon the proportion of blame attributed to a plaintiff.
In a motor vehicle accident case, compensation may be awarded for damages related to physical injuries. For example, medical expenses may include costs associated with transportation via ambulance, hospital stay, medical procedures, ongoing therapies and treatments, in-home services, and disability.
Additionally, in many cases, injuries suffered in a motor vehicle accident prevent an individual from being able to return to work and may also adversely impact an individual's future earning capacity. These types of damages are encompassed under the term lost wages and, when making decisions related thereto, a jury takes a number of factors into consideration including an individual's age, occupation, education, skill set, and life expectancy.
In cases where a plaintiff is married, his or her spouse may also be able to recover damages related to loss of consortium or loss of affection. However, these types of damages can only be recovered if the plaintiff is awarded compensation related to his or her injuries.
While the damages mentioned above are frequently sought in motor vehicle accident cases, every case is unique and an attorney will work to investigate and evaluate your case to determine what types of damages you suffered and, therefore, deserve to be compensated for. If you have questions about your legal options following a car accident, contact our firm to speak with a car accident lawyer today 212-268-3222.