Personal injury victims can endure a great deal of physical pain and emotional suffering. Fortunately, plaintiffs in personal injury lawsuits may recover compensation for non-economic damages related to the harm they suffered.
Non-economic damages in a New York injury lawsuit refer to subjective, non-monetary losses suffered by the plaintiff. When calculating non-economic damages, courts will typically look to the overall impact an injury has had on a victim’s life. The assistance of our attorneys can be highly beneficial when fighting for the maximum amount of non-economic damages available in your case.
If you were injured because of someone else’s negligent actions in New York, get help recovering the financial compensation you deserve. Reach out to our experienced Westchester personal injury lawyers by calling The Martello Law Firm at (914) 685-6950. Our attorneys will provide a free case review.
Types of Non-Economic Damages Available in New York Injury Lawsuits
Non-economic damages are damages that are not tied to verifiable, financial losses. There are multiple types of non-economic damages that can be accounted for in New York injury lawsuits. The following are all types of non-economic damages that may be awarded in your case:
Many types of personal injuries can produce immense physical pain. For instance, victims who suffer injuries like broken bones, burns, and spinal cord damage can experience excruciating pain. Our New Rochelle personal injury lawyers can help plaintiffs pursue non-economic damages for the physical pain they endured.
Some personal injuries can produce symptoms that cause victims to suffer a great deal of emotional suffering. Emotional suffering can come in many forms. For example, a plaintiff with a spinal cord injury may experience emotional suffering because they are unable to participate in the same activities that they enjoyed before their accident. Further, a plaintiff that suffers a traumatic brain injury may have difficulty engaging in certain hobbies with their friends. Fortunately, you can recover compensation for the emotional suffering you endured because of your personal injury.
Calculating damages for emotional suffering can be a difficult task. The assistance of our attorneys can be highly valuable when negotiating for fair compensation in your case.
Furthermore, personal injury victims can also undergo debilitating psychological distress. Accidents like car accidents, falling accidents, and construction site accidents can all be traumatic experiences. Accordingly, victims can experience psychological effects like anxiety and depression. Furthermore, plaintiffs may undergo fearful flashbacks and nightmares because of their accidents.
Multiple different types of evidence can be used to support a claim for emotional distress. For instance, a plaintiff may acquire testimony from loved ones or an evaluation from a medical health professional that attests to their change in personality. You can contact our Mount Vernon personal injury lawyers for help supporting a claim for non-economic damages related to your psychological distress.
Loss of Consortium
Loss of consortium is another type of non-economic damages suffered by personal injury victims in New York. Loss of consortium refers to a victim’s inhibited ability to engage in familial relationships. Plaintiffs who suffer a loss of consortium can experience a loss of affection, companionship, and emotional support. Accordingly, such losses can be devastating for victims. Fortunately, personal injury plaintiffs can recover payment for their loss of consortium.
Scarring and Disfigurement
Lastly, plaintiffs in New York injury lawsuits can also recover non-economic damages related to any scarring and disfigurement they incurred. There are many harmful effects that bodily disfigurement can have on a victim’s life. For example, someone who sustains facial scarring may suffer from humiliation that will inhibit their social activities and restrict their enjoyment of life. Our experienced New York personal injury lawyers can help fight for non-economic damages related to scarring and disfigurement in your case.
Factors Used to Calculate Non-Economic Damages in a New York Injury Lawsuit
Calculating non-economic damages is not a straightforward task. Typically, courts will examine the overall impact an injury has had on a plaintiff’s life. There are several factors that must be analyzed to determine such an impact. These factors can include:
- The severity of your injuries
- The amount of physical pain related to your injury
- The amount of physical pain related to the medical care required to treat your injury
- The emotional impacts your injury produced on your enjoyment of life
- The psychological impacts of the physical pain you endured
Accordingly, a substantial amount of analysis is required in order to calculate non-economic damages. During your free case review, our White Plains personal injury lawyers can help assess the amount of damages that may be available to you.
Methods for Calculating Non-Economic Damages in a New York Injury Lawsuit
Courts will usually choose between two different methods when calculating non-economic damages in New York injury lawsuits. Either of the following methods may be applied in your case:
The multiplier method is a common system used to calculate non-economic damages in personal injury cases. Under this method, the economic damages suffered by a plaintiff will be multiplied by a value between 1.5 and 5. The more impactful an injury, the greater the multiplier will be.
For example, if you suffered a particularly catastrophic injury, you may receive a multiplier of 4.5. In that case, if your economic damages totaled $10,000, then you would receive $45,000 in non-economic damages. Our New York personal injury lawyers can help explain how the multiplier method may be applied in your case.
Per Diem Method
Also, the per diem method can be utilized when calculating non-economic damages in personal injury lawsuits. According to this method, a specific dollar amount will be assigned to each day a plaintiff experienced physical pain and emotional anguish. Determining a proper per diem rate can be a complicated process. The assistance of our experienced attorneys can be helpful when fighting for a fair per diem rate in your case.
If You Suffered a Personal Injury in New York, Our Attorneys Can Help
If you were injured because of someone else’s negligent actions, seek guidance and support from our experienced Yonkers personal injury lawyers by calling The Martello Law Firm at (914) 685-6950 for a free review of your case.