What Damages Can You Recover After a Vehicle Accident in New York?

Vehicle accidents are an unfortunate reality for many drivers, passengers, and pedestrians in New York. Whether it’s a minor fender bender or a severe collision, accidents often result in injuries, property damage, and emotional distress. Beyond the immediate impact, victims may also face medical bills, lost wages, and ongoing treatment costs. Understanding what damages you can recover after a vehicle accident is essential to protecting your rights and pursuing fair compensation. The Law Offices of Ted A. Novick has extensive experience assisting accident victims in New York to navigate the complex legal landscape and secure the compensation they deserve.

What Are Damages in a Vehicle Accident Case?

In legal terms, “damages” refer to monetary compensation awarded to a victim for losses suffered due to another party’s negligence or wrongful actions. In a vehicle accident case, damages can cover both economic and non-economic losses.

• Economic damages are quantifiable financial losses, such as medical bills, repair costs, and lost income.

• Non-economic damages refer to intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.

The goal of damages is to make the victim “whole” again, as much as possible, by compensating them for the harm caused by the accident.

Economic Damages You Can Recover

Economic damages are often the easiest to document because they involve actual financial losses. Some common recoverable economic damages include:

1. Medical Expenses: Any costs related to treating injuries caused by the accident are recoverable. This includes hospital visits, surgeries, medications, physical therapy, medical devices, and ongoing treatment.

2. Property Damage: Vehicle repairs or replacement costs, as well as damage to personal belongings inside the vehicle, can be claimed.

3. Lost Wages: If the accident prevents you from working, you may recover compensation for income lost during recovery.

4. Loss of Earning Capacity: In cases where injuries cause long-term or permanent disability, victims may be entitled to compensation for reduced ability to earn a living in the future.

5. Out-of-Pocket Expenses: Additional costs directly resulting from the accident, such as transportation to medical appointments or hiring help for household tasks, may also be recoverable.

Non-Economic Damages You Can Recover

Non-economic damages are more subjective but are just as important in a vehicle accident case. They aim to compensate victims for the personal toll of the accident:

1. Pain and Suffering: Compensation for physical pain, discomfort, and the impact of injuries on daily life.

2. Emotional Distress: Many victims experience anxiety, depression, or PTSD following a serious accident. Non-economic damages can address these psychological effects.

3. Loss of Enjoyment of Life: If injuries limit your ability to participate in hobbies, recreational activities, or social interactions, you may be entitled to compensation.

4. Loss of Consortium: In some cases, family members of an injured person may seek compensation for the loss of companionship or support.

Punitive Damages in New York

In rare cases, punitive damages may be awarded. These are intended to punish the at-fault party for particularly reckless or egregious behavior, such as driving under the influence. While not common, punitive damages can provide additional compensation beyond economic and non-economic losses.

How Fault Affects Your Recovery

New York follows a comparative negligence system, meaning that if you are partially at fault for the accident, your compensation may be reduced in proportion to your share of fault. For example, if you are found 20% responsible, your damages award would be reduced by 20%. This makes documenting the other party’s negligence critical for maximizing recovery.

Steps to Take After a Vehicle Accident

To ensure you can recover the full amount of damages available, it’s important to take the right steps after an accident:

• Seek Medical Attention: Even minor injuries should be evaluated. Documentation of medical treatment is critical for proving damages.

• Document the Accident: Take photos, gather witness statements, and collect police reports.

• Keep Track of Expenses: Save all receipts, invoices, and records of costs related to the accident.

• Consult an Experienced Attorney: The Law Offices of Ted A. Novick can review your case, calculate potential damages, and guide you through the claims process.

Why Working With an Attorney Matters

Recovering damages after a vehicle accident can be complicated. Insurance companies may try to minimize payouts, dispute liability, or undervalue non-economic losses. An experienced personal injury attorney can:

• Assess the full scope of your damages

• Negotiate with insurance companies on your behalf

• File legal claims if necessary

• Protect your rights throughout the process

Having skilled legal representation helps ensure that victims receive fair compensation for both financial and personal losses.

Final Thoughts

Vehicle accidents in New York can result in serious injuries, financial burdens, and emotional stress. Understanding the types of damages available and taking the right steps to document and report your losses is crucial for a successful claim. Economic damages cover medical expenses, lost wages, and property damage, while non-economic damages address pain, suffering, and emotional distress. In serious cases, punitive damages may also apply. By working with experienced professionals like the Law Offices of Ted A. Novick, accident victims can maximize their recovery and navigate the legal process with confidence.

Recovering damages after a vehicle accident not only helps victims cover the costs of their injuries but also ensures they can move forward and rebuild their lives after a traumatic event.