From distracted drivers to construction injuries, accidents are inevitable. When you find yourself derailed by a serious injury, seeking compensation from negligent parties is imperative to safeguard your rights and financial security, as well as make a swift recovery.
Sadly, wealthy entities like insurance companies and large employers have a reputation for short-changing plaintiffs in personal injury lawsuits, from pressuring them to accept lowball settlements to using unnecessarily complex legal jargon.
Fortunately, there are ways for New Yorkers to pursue maximum compensation after a wrongful injury. To calculate the value of your claim, it’s essential to understand which recoverable damages may be available to you by consulting with an experienced lawyer.
Keep reading to learn how to maximize the damages available to you in a personal injury lawsuit.
Recoverable Damages in Personal Injury Claims
A qualified lawyer can help you maximize compensation by ensuring you’re well-prepared for your case, increasing your chance of obtaining maximum compensation. First, it’s critical to understand the different types of damages that may be recoverable in your claim.
Your attorney can collaborate with you to calculate the value of your claim and ensure all damages are appropriately considered. In New York personal injury claims, recoverable damages can include:
Economic Damages
Economic damages are intended to compensate victims for financial losses. They cover quantifiable monetary amounts, such as:
- Property damage
- Rehabilitation costs
- Medical expenses (current and future)
- Lost wages and potential loss of earning capacity
- Any other financial losses directly resulting from the accident
Non-Economic Damages
Non-economic damages, on the other hand, are meant to compensate victims for non-financial losses that aren’t easily quantified. Some common types of non-economic include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Scarring and disfigurement
- Loss of consortium or companionship
Punitive Damages
Punitive damages are awarded in rare cases involving extreme negligence, malice, or intentional wrongdoing by the at-fault party. Your lawyer can help you identify all liable parties and thoroughly investigate the circumstances of the accident to maximize the compensation available to you.
How to Maximize Compensation in a Personal Injury Claim
An unexpected accident can happen anywhere, at any time. In the event that it results from negligence, such as an intoxicated driver or careless property owner, injured parties may be entitled to file a personal injury claim and seek compensation for damages, from hospital bills to lost wages.
Some common types of personal injury claims include:
- Car Accidents: From rear-end collisions to rollovers to hit-and-runs, car accidents are a common source of severe injuries and even fatalities.
- Motorcycle Accidents: Because they're more exposed on the road, motorcyclists face more risks than car and truck operators, increasing the likelihood of sustaining a wrongful injury in a motorcycle accident.
- Catastrophic Injuries: Catastrophic injuries, such as traumatic brain injuries (TBIs) and spinal cord injuries, can result from a variety of accidents, from slips and falls to workplace accidents. They typically require an extensive recovery period, making it all the more important to seek compensation as soon as possible.
- Pedestrian Accidents: On-foot commuters can suffer serious harm in pedestrian accidents due to negligent drivers and other motorists, leading to wrongful injuries.
- Truck Accidents: From fatigued driving to inadequate training, truck accidents can result in serious harm to passengers and fellow motorists. The sheer size and force of impact involved in eighteen-wheeler collisions can lead to injuries.
Below are some general guidelines to help victims pursue fair compensation after a wrongful injury:
Seek Immediate Medical Attention
Promptly seek medical care after an accident, even if you feel fine initially, to protect your well-being and ensure your injuries are well-documented by appropriate medical personnel. Make sure to follow through with all recommended treatments and attend all medical appointments to strengthen your case with as much compelling evidence as possible.
Gather Essential Evidence
Collect and preserve evidence related to your accident, such as photographs, videos, witness statements, and accident reports. Maintain a detailed record of all medical expenses, lost wages, and other financial losses incurred due to the accident.
Collaborate with a Skilled Personal Injury Lawyer
Engaging an experienced personal injury attorney can significantly enhance your chances of receiving maximum compensation. A skilled attorney will navigate the legal complexities, negotiate with insurance companies, and build a strong case on your behalf.
Document the Impact on Your Life
Keep a journal documenting how the accident has affected your daily life, including pain, emotional distress, and limitations on activities. Gather testimonies from family, friends, and coworkers regarding the impact of the injury on your personal and professional life.
Be Cautious with Insurance Companies
Avoid providing recorded statements or signing any documents without consulting your attorney. Insurance companies often attempt to minimize claims, which is why it's best to let your attorney handle communications with insurers and other involved parties.
Avoid Settling Too Early
It’s essential to avoid rushing into an early settlement without fully understanding the extent of your injuries, as well as the long-term consequences of the accident. Your lawyer can advise you when to consider a settlement offer.
Compassionate Counsel for Injured New Yorkers
At the Law Office of Seni Popat, P.C., our firm is committed to helping victims take back their lives after a wrongful injury. With over a decade of experience, Attorney Popat is known for prioritizing the unique needs of every client he serves. Our Queens lawyer can advocate for your best interests while protecting your rights throughout your case. If you were wrongfully injured, turn to our team for the personalized representation you deserve.
If you were harmed due to negligence, our Queens attorney can help you pursue fair compensation. Call (718) 340-3385 to schedule a free consultation.
