Personal Injury Law is the area of law which governs the award of damages of an individual to make reparation and indemnity for the harm or injury sustained, which is attributable to the act or omission, whether intentional or negligent, of another. Personal Injury Law covers, but is not limited to car accidents, wrongful death, medical malpractice, dog bite incidents, premises liability, and the like. Damages are awarded not only for the purpose of compensation, but also to make the defendant accountable for his acts, to give justice to the injured party, and to deter the defendant and other persons from committing the same act or omission.
To be awarded compensation, a personal injury claim should be filed by the injured party or the plaintiff, which shall comprehensively state the facts establishing the negligence of the defendant or the at-fault party; and that the act complained of is the proximate cause of the harm or injury sustained by the former. Compensation varies depending on the gravity of injury, the harm and pain endured, and the loss suffered. In claiming for compensation, Personal Injury Attorneys in New York may assist you.
Compensation for injuries- general and special damages
Compensatory damages may either be general or special. Regardless of the classification, both have to be proven, and supported with evidence.
General damages are those which are not measurable by calculating devices, harder to prove and establish its value. General damages covers disfigurement, amputation, mental anguish, emotional suffering, loss of consortium, and loss of enjoyment of life. In simpler terms, general damages are non-economic losses.
General damages may also include whiplash claims and payouts, which refers to claims arising from a whiplash injury – or an injury in the neck due to a sudden impact, the occurrence thereof is common in auto-accidents. In New York, the average payouts for whiplash ranges from approximately $10,000 – $100,000, or even higher, depending on factors, such as the duration for recovery and rehabilitation, and severity of the injury. Consulting with Brain Injury Lawyers in assisting you with your claim would really be the best thing you could do.
Special damages, on the other hand, are those which are measurable in its face. Special damages are intended to compensate for the out-of-pocket expenses of the plaintiff, as well as other expenses with monetary value. This includes but not limited to loss of income, loss of capacity to earn, rehabilitation and physical therapy, medical expenses and bills.
The amount of damages to be obtained shall be determined not only by the receipts and reports, but also with reference to, but not limited to the following:
- Length of recovery;
- Established fault;
- Possibility of temporary or permanent disability; and
- Severity of the injury.
Need Personal Injury Lawyers to Assist You? Contact us!
Proper selection of a Personal Injury Lawyer to handle your case would really make a difference. Through competence and expertise nurtured by experience and continuous dedication for laborious study of law, OMNI Injury and Accident Law, P.C. has already assisted a significant number of people and their families obtain justice through helping them get a just and equitable compensation. Giving justice to the aggrieved is our raison d’etre. If you are seeking justice, then you are on the right page. Contact us at 646-503-0404 or at info@omnilawpc.com.
