If you’ve been hurt in an accident in New York, you may be entitled to more than just compensation for your medical bills and lost wages. Personal injury law also allows you to seek non-economic damages. These damages cover the personal, emotional, and psychological effects of an injury—things that don’t come with a receipt but still have a big impact on your life.
This article will explain what non-economic damages are, how they’re calculated, and what to expect if you’re filing a personal injury claim in New York. We’ll break down everything into easy-to-understand terms to help you feel more confident as you move forward with your case.
Non-economic damages are financial compensation for the intangible losses caused by an accident. While economic damages cover measurable losses like hospital bills and lost income, non-economic damages cover how the injury has affected your quality of life.
Examples of non-economic damages can include:
Non-economic damages are just as real and serious as physical injuries and should be treated with the same level of care in your personal injury case.
There is no fixed formula for calculating non-economic damages in New York. Unlike economic damages that come with bills and receipts, non-economic damages are more subjective and harder to quantify.
Several factors can affect the amount of non-economic damages you may be eligible for, including:
Juries and judges often rely on this type of evidence to come up with a fair number. In some cases, attorneys may use the “multiplier method” by multiplying your economic damages by a number (often between 1.5 and 5) to estimate your non-economic losses.
Every case is unique, and the value of non-economic damages depends on the evidence and arguments presented.
Unlike some other states, New York does not cap non-economic damages in personal injury cases. That means there is no legal limit on how much you can recover for things like pain and suffering.
However, there has been talk of introducing limits in medical malpractice cases, and certain government-related claims may have restrictions.
It’s always important to check the type of case you’re filing and talk to an attorney about any limits that might apply. The lack of a damage cap in most cases gives injured people in New York a better chance at receiving full compensation for their suffering.
Many accident victims will tell you that the worst part of their injury wasn’t the medical bill—it was the pain, stress, and changes to their daily life. Non-economic damages recognize that reality. Without this type of compensation, people might only receive money for their physical expenses, but not for the full suffering they’ve endured.
Non-economic damages are meant to help balance that out by accounting for the human cost of being injured. These damages are also important because they encourage accountability. When companies, drivers, or property owners know they can be held responsible for more than just bills, they may take greater care to avoid causing harm.
It’s not enough to say you’re in pain or stressed. You’ll need to show proof to get non-economic damages awarded.
Helpful evidence includes:
An experienced personal injury lawyer can help gather and organize this evidence so your case is as strong as possible.
Non-economic damages play a major role in helping accident victims recover, not just financially, but emotionally and psychologically. While they can be harder to measure, they’re just as important as any hospital bill or paycheck.
If you’ve been hurt in an accident in New York, don’t overlook the suffering you’ve endured. Talk to a Utica personal injury lawyer at Passalacqua & Associates, LLC about your rights and how you can pursue compensation for the full impact of your injuries.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.