What Is “Compensation” For Personal Injury Claims?

"Compensation" For Personal Injury Claims

According to the Centers for Disease Control and Prevention (CDC), the US economic cost of injuries in just one recent year was over $4.2 trillion. If someone harms you by negligence or intentional wrongful actions, tort laws allow you to pursue a personal injury claim for compensation. A lawyer can help you seek the money by filing a personal injury claim against the party who caused your accident and injuries. 

Most Manhattan personal injury claims are settled out of court through negotiations with the at-fault party or their insurer. If you and the person (or entity) who caused your injuries cannot agree on a fair settlement amount, your lawyer may recommend filing a lawsuit and taking your case to court. 

It is important to understand the types of compensation available to you when filing a personal injury claim so that you know how much your case is worth. Our Manhattan personal injury lawyers at Cellino Law are here to help you seek maximum compensation for your losses. Contact us today at (888) 888-8888 or complete the online form to schedule a free consultation. 

Personal Injury “Tort” Laws in Manhattan Allow You to Pursue Compensation for Your Injuries

Personal injury law, also referred to as tort law, is the body of law that applies when someone harms you. Tort laws allow you to file claims for compensation against individuals who have injured you or otherwise caused you to experience some type of loss. 

The purpose of a personal injury case is to restore an individual to the state he or she was in before the accident happened. 

Types of Compensation for Manhattan Personal Injury Claims

The most common of personal injury damages are “compensatory,” meaning they are designed to compensate the injured victim for what was lost due to the accident. The goal is to make the injured party “whole” again from a monetary standpoint. 

There are two types of compensatory damages that can be awarded in personal injury cases: economic and non-economic. Consider the following list of some damages that may be awarded in Manhattan personal injury cases. 

Medical expenses

If someone else has caused you harm, you can file a claim to receive compensation for medical expenses related to the incident. This can include the cost of any future medical treatments or long-term care. 

Examples of medical expenses in an injury claim include:

  • Ambulance rides
  • Emergency room visits
  • Diagnostic tests and lab work
  • Surgeries
  • Hospital stays
  • Prescription medications
  • Rehabilitative therapies
  • In-home care

Loss of income

Compensation for lost wages is common in personal injury claims. Are you unable to work because of your injuries?

You may be able to recover compensation for loss of income that considers your:

  • Hourly wages
  • Salaries
  • Commissions
  • Bonuses
  • Earned vacation or sick time
  • Loss of earnings from self-employment

Diminished earning capacity

This type of compensation refers to a decrease in income due to an injury that impacts your ability to continue doing your current job or else robs you of future career prospects. 

As an example, suppose a truck driver may need to give up driving due to a shoulder injury from a truck accident. He or she might be able to work in the office or some other aspect of the trucking industry. However, if those jobs pay less and the collision was to blame for your reduced wages, you can pursue compensation for the decrease in income. 

Property damage

Compensation for property damage may also be awarded in personal injury cases. For example, if you were in a car collision, you may be able to recover the cost of having your vehicle repaired or replaced. 

Your personal injury lawyer can help you calculate the current market value of your damaged property and include it in your total damages calculation. 

Replacement services

After sustaining an injury, you may not be able to perform tasks around your home that you were able to do before the accident. You may need to hire people to assist you around your home. 

Compensation for the following services could be included in your personal injury claim:

  • Lawn care
  • Housecleaning
  • Grocery shopping 
  • Childcare

Pain and suffering

A serious physical injury can leave a person suffering discomfort and pain. Of course, no amount of money can take a person’s pain away. Damages awarded for pain and suffering are meant to provide you with fair compensation for having to live with just that.

The amount of money you receive for pain and suffering will depend on the extent of your physical injuries and the emotional harm you have suffered. An accident victim whose injuries are minor will likely receive far less compensation than a person whose injuries require long-term care. 

Emotional distress

A severe accident can affect you not only physically but also mentally and emotionally, which the existence of pain and suffering damages acknowledges. These damages may also be awarded to you when someone’s actions caused you mental and emotional harm.

Symptoms of emotional distress include:

  • Depression
  • Anxiety
  • Nightmares
  • Insomnia
  • Humiliation

Proving that you are suffering emotional distress due to a personal injury accident can be difficult to prove. Nonetheless, a Manhattan personal injury lawyer can help you gather the evidence needed to receive compensation including emotional distress damages. 

Wrongful death

When someone dies because of another person’s negligence, the loved ones of the deceased may be able to bring a wrongful death claim. 

Compensation awarded in cases involving wrongful death may include:

  • Medical bills
  • Lost wages
  • Burial expenses
  • Funeral costs
  • Loss of support
  • Loss of consortium

A Manhattan Personal Injury Lawyer Can Help You Recover Compensation for Your Injuries

If you were harmed in an accident caused by someone else, you may be deciding whether to pursue compensation on your own or hire a personal injury attorney. Be assured, there are many benefits to having a Manhattan personal injury lawyer handle your case. 

One advantage of hiring a lawyer is that he or she will know how to calculate the value of your personal injury claim accurately. Your lawyer will know which damages you can pursue and how much your case is worth. 

Another benefit is that experienced personal injury attorneys are skilled negotiators. An insurance company may try to pressure you into accepting a low settlement offer, but your lawyer can handle all negotiations with the insurance company on your behalf. His or her skills and experience can be put to work in pursuing maximum compensation for your injuries

Insurance companies are more likely to settle for a fair amount if you have a lawyer representing you. One reason for this is that insurers want to avoid the time and expense of a personal injury lawsuit being filed and the case going to court. 

Schedule a Free Consultation With a Manhattan Personal Injury Lawyer Today

If you were injured in an accident in Manhattan due to another party’s negligence, you should not have to pay for your medical bills and other losses out of pocket. Our personal injury lawyers are here to help you recover maximum compensation for your injuries. 

Over the past 60+ years, we have helped our clients recover over $2 billion in compensation for personal injuries. You too deserve to have your best interests advocated by skilled legal representatives, no matter your current financial situation.

We understand that trying to recover compensation after being injured in an accident is stressful, but you don’t need to handle the legal processes on your own or shoulder the legal expenses out of pocket. Contact us today at (888) 888-8888 to schedule your free consultation with the Cellino Law team. We are here to assist you. 

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