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Non-Economic Damages in New York
Non-economic damages represent the intangible losses injured individuals sustain during an accident
Many of the losses a person suffers during an accident are visible and obvious. Broken bones, burns, and spinal cord injuries are just a few of these. Accident victims also suffer invisible losses, such as pain, suffering, and mental distress that do not come with an invoice or receipt. These losses are known as non-economic damages. While they are not as perceptible as physical injuries, they are still real and compensable under the law in New York.
If you or someone you love has been hurt in an accident caused by another person’s negligence, it is important to speak to our Buffalo personal injury lawyer. We can review the facts of your case and accurately assess all of your damages so you receive the full compensation you are entitled to.
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More than $100 million recovered in verdicts and settlements for those injured in New York.
How We Can Help
- Why choose O’Brien & Ford PC?
- Economic damages
- Non-economic damages
- Calculating pain and suffering damages
- How to prove non-economic damages
- Does New York Law cap non-economic damages?
- FAQs about non-economic damages in Buffalo
- How to find a Buffalo personal injury lawyer near me
- Contact our personal injury lawyer in Buffalo for a free consultation
Why choose O’Brien & Ford PC?
At O’Brien & Ford PC, our Buffalo personal injury lawyers take the necessary time to get to know you. During a free, one-hour consultation, we can review the facts of your case and ensure we understand your goals so we can lead with them throughout every step of your claim or lawsuit. Our team of skilled negotiators has a long track record of successfully helping our clients obtain full and fair settlements. When that is not enough and disputes cannot be resolved, we are willing and ready to take your case to trial.
We measure success by the impact on each case and always strive to maximize recovery. Unlike ‘slash and cash’ firms, we purposely limit our caseload so we can give each and every client our full attention.
When you work with us, you never pay anything unless you receive a fair settlement or favorable verdict. Call us now to speak to one of our experienced attorneys within two minutes and to learn more about how we can help in the coming weeks and months.
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What Our Clients Say About Us
“I cannot say enough good things about Chris Pannozzo and this law firm! From start to finish, the professionalism, communication, and dedication was exceptional. I always felt supported, comfortable, listened to, and confident that I was in good hands. My case was handled with the utmost care and attention, and I couldn’t be happier with the way everything was resolved. I would highly recommend the firm to anyone.”
“The professionalism I received from the entire staff was great. Christopher Pannozzo, Annat and John worked tirelessly to get me the justice I deserve. Even Patrice the receptionist was professional and always a joy to talk to. Thank you guys for the hard work and taking my case.”
“I highly recommend O'Brien & Ford, P.C. to anyone who has been injured and needs someone they can trust. I’m extremely thankful for everything Anant and his team did for me and for the way I was treated throughout the entire process. They were professional, knowledgeable, and always took the time to explain things clearly and answer my questions. I would highly recommend this law firm.”
Economic damages
The compensation available in personal injury claims is divided into two main categories. Economic damages are one type, and they compensate you for the quantifiable financial losses sustained during an accident. Economic damages are supported by documentation, and so they are easier to measure. Common examples of these losses include:
- Current and future medical expenses for surgery, treatment, and rehabilitation
- Lost wages if your injuries prevented you from returning to work right away
- Loss of future earning capacity if your injuries prevent you from returning to the same line of work in the future
- Property damage, such as the cost of repairing your vehicle after a crash
Calculating economic damages is relatively straightforward. Pay stubs, tax returns, medical invoices, and expert testimony explaining future costs can all provide direct evidence of the financial losses incurred.
Non-economic damages
Non-economic damages cover the human toll of your injuries that are less visible, but that are also still actual losses. These damages are harder to prove. Chronic pain and suffering and emotional distress do not have receipts or bills. As such, measuring them requires a different approach. Personal injury lawyers will value these losses after considering many factors. These include the severity of the injury, the duration of your suffering, and the overall impact on your daily life.
There are many different types of non-economic damages awarded in personal injury cases. They are as follows:
Pain and suffering
These damages are meant to cover the physical discomfort and emotional distress caused by your injuries.
Mental anguish
Damages for mental anguish compensate you for the psychological harm caused by your injuries. Anxiety, depression, and post-traumatic stress disorder (PTSD) are common forms of mental anguish. After a car crash, for example, an accident victim may be afraid to drive, or even be an occupant in a vehicle.
Loss of enjoyment of life
Your injuries may not allow you to enjoy the hobbies, activities, and experiences you once did. For example, if you are an avid cyclist, a broken leg may prevent you from riding for months.
Permanent disfigurement
If your injuries resulted in disfigurement, permanent scarring, or other visible changes to your body, these damages can help cover the physical limitations as well as the shame or embarrassment they cause.
Loss of consortium
Loss of consortium is a separate claim, filed by a spouse, when an injury impacts the relationship they shared with the victim. This type of compensation addresses the loss of affection, companionship, intimacy, and support.
Calculating pain and suffering damages
Compensation for pain and suffering is one of the most common types of non-economic damages. New York law does not outline a specific formula or strategy for valuing these losses. Without a quantifiable value for this type of compensation, Buffalo personal injury lawyers consider the specific circumstances of the injury and awards in comparable cases when valuing these damages.
One possible negotiating approach is the multiplier method. This approach multiplies the total value of economic damages by a specific number. The number used is based on the severity of the injury and the impact it has had on your life.
The second approach is to assign a daily dollar amount to the level of your suffering and multiply it by the number of days you will experience suffering. However, case law in New York has treated this method as improper in some cases.
Both methods used are only starting points. A lawyer can also consider the specific circumstances in your case and the strength of the evidence. If your case goes to trial, a jury will be instructed to consider the evidence presented and award non-economic damages that are fair and reasonable.
How to prove non-economic damages
It is more difficult to prove non-economic damages because, unlike economic losses, they are not as visible. They also do not have extensive documentation to support a dollar value. Instead, you must paint a complete picture about how the injury has impacted the different parts of your life. Some of the strongest types of evidence include:
- Medical records that outline the severity and duration of your physical injuries, as well as how long your expected recovery will be and what it will entail
- Mental health records from psychiatrists, psychologists, and therapists that support arguments for anxiety, depression, or other emotional distress
- Your own pain diary or personal journal that details the impact your injuries have had on your routine, as well as other issues you are experiencing, such as your level of pain or trouble sleeping
- Testimony from friends, family members, and co-workers who can testify about the changes in your mood and personality
- Expert testimony from vocational experts or life-care planners who can explain the long-term psychological impact of your injury
Strong documentation is critical when strengthening your personal injury claim. The more evidence you can collect early on in the process, the more difficult it becomes for the negligent party, or insurance company representing them, to challenge your non-economic damages.
Does New York law cap non-economic damages?
The laws in some states outline specific caps, or limits, on the amount of non-economic damages accident victims can receive. In the majority of New York personal injury cases, there are no caps. However, a $100,000 cap now applies to non-economic damages in certain motor vehicle cases involving specified unlawful conduct by an at-fault injured driver.
FAQs about non-economic damages in Buffalo
What are non-economic losses in personal injury claims?
Non-economic damages in personal injury claims provide compensation for the invisible losses you suffer during an accident. You can typically pursue these damages if your accident was caused by another person’s negligence, although motor vehicle claims may also require a serious injury. The most common types of non-economic damages include loss of enjoyment of life, emotional distress, and pain and suffering. These losses cannot be documented through receipts or other financial records.
Do non-economic damages differ from punitive damages?
Do non-economic damages differ from economic losses?
Are non-economic damages capped in Buffalo personal injury cases?
How do lawyers value pain and suffering?
How can a Buffalo personal injury lawyer help me successfully obtain non-economic damages?
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How to find a Buffalo personal injury lawyer near me
Our law offices are located at 4549 Main Street, Suite 201, and 701 Seneca Street, Suite 208, in Buffalo, New York, and our team is available from 7:00 a.m. to 7:00 p.m. seven days a week. When you call, you will be connected with an experienced attorney within just minutes. We are also happy to serve clients in surrounding areas, including Kaisertown, Lovejoy, Riverside, Front Park, Black Rock, Allentown, Cold Spring, and Elmwood Village.
O’Brien & Ford, P.C.
4549 Main Street, Suite 201
Buffalo, NY 14226
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701 Seneca Street, Suite 208
Buffalo, NY 14210
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Contact our personal injury lawyer in Buffalo for a free consultation
Non-economic damages are available in most personal injury cases, but proving them and obtaining the full compensation you deserve is rarely easy. At O’Brien & Ford PC, our Buffalo personal injury lawyer can explain this type of compensation, advise on the necessary evidence to establish your losses, and guide you through the process. We’re here to answer all of your questions and to prepare you for every step of your claim. Call us now or contact us online to schedule a free review of your case.