When Are Insurance Settlements or Damages Available in Different Types of Personal Injury Claims?

What types of financial compensation could you be eligible to receive in a personal injury case in Rochester? And how much is a claim for serious injuries worth? There are no straightforward responses to these questions since the answers depend upon a variety of factors, from the type of personal injury case to the defendant to the specifics of your injuries. At the same time, however, it is important to learn about forms of compensation as you prepare to meet with a Rochester personal injury lawyer who can help you to seek financial compensation for your losses.

While it is difficult to say without any specificity what kind of damages award you might be able to expect without evaluating your case, we do want to tell you more about the different types of compensation that may be available in a personal injury case. By understanding the types of monetary awards that a personal injury plaintiff may be eligible to obtain, you can have a better understanding of potential outcomes for your own case. If you do want to know more about how much your case could be worth or what types of compensation you might be able to expect, you should get in touch with a Rochester personal injury attorney as soon as possible who can assess your case for you.

Insurance Claim Settlement or Payout

Insurance claims are usually one of the first forms of compensation a person will seek after an auto accident. New York is a “no-fault” state according to New York insurance law, which means that an injured party who obtains compensation from an auto insurer will typically receive compensation after filing a claim through his or her own auto insurance policy. Typically, auto insurance compensation will come as a settlement offer, which your Rochester accident lawyer can help to negotiate. Yet if you cannot obtain full compensation from the insurance settlement and you suffered a serious injury according to New York law, you could be eligible to file a lawsuit.

There may be other types of personal injury cases where an insurance settlement gets offered. For example, a business’s insurance company may offer a settlement in a premises liability case, such as a slip and fall accident. However, you should always seek advice from a premises liability lawyer in Rochester before you accept any type of insurance settlement that could limit your ability to file a lawsuit at a later date.

Compensatory Damages in a Personal Injury Lawsuit

In a New York personal injury lawsuit—whether it is a car accident lawsuit, a product liability lawsuit, a medical malpractice claim, or another type of personal injury case—most injured parties will seek compensatory damages. This type of damages award is designed to compensate an injured party for a variety of different losses. In general, compensatory damages can take two different forms:

  • Economic damages, which compensate for objective financial losses (such as hospital bills, medical costs, and lost wages); and
  • Noneconomic damages, which compensate for subjective losses that are more difficult to value (such as pain and suffering, or the loss of one’s enjoyment of life as a result of the serious injury). 

Punitive Damages in Certain Types of Personal Injury Claims

Punitive damages are quite rare in personal injury lawsuits, but they may be available in the most egregious cases. This type of damages award is not designed to compensate a plaintiff for losses, but instead, punitive damages are designed to be punitive in nature—to punish the wrongdoer for particularly harmful or reckless behavior. Under New York law, punitive damages are typically only available when a defendant’s conduct is so reckless that it suggests an almost “criminal indifference” to others. A Rochester personal injury lawyer can assess your case to determine whether punitive damages may be appropriate.

No Caps on Certain Types of Damages

While many states place “caps,” or limits, on certain types of damages awards, it is important to know that there are no damages caps in New York. These types of caps are particularly common in medical malpractice cases, but some states also place caps on non-economic damages in all personal injury claims. In sum, a Rochester personal injury case, the plaintiff does not have to worry about his or her award being reduced as a result of a damages cap.

Contact a Rochester Personal Injury Lawyer for More Information

Many potential plaintiffs in personal injury cases want to know how much their claim will be worth. When you work with an aggressive Rochester personal injury attorney, you can gain a better understanding of the types of compensation you could be eligible to receive, and you can know that an experienced personal injury lawyer will be fighting for your right to that compensation. Our firm routinely represents Rochester plaintiffs in a wide variety of personal injury cases involving very serious injuries, and we can begin working with you on your case today. Contact King Law for more information about getting started on your claim by calling (585) 270-8882.



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