General damages reimburse accident victims for non-financial losses related to the accident. Special damages reimburse victims for financial losses, including bills and loss of income. General and special damages are both compensatory damages, since they compensate you for specific losses.
Your New York personal injury lawyer will explain more about general versus special damages in NY and fight for the compensation you need.
In This Article
Reading time: 5 minutes
- How General Damages Work in New York
- How Special Damages Work in New York
- When Do You Have the Right to Pursue Damages?
- How Are Personal Injury Damages Paid Out in NY?
- How Long Do You Have to Seek Damages?
- What if the Insurance Company Will Not Pay Your Damages?
- Learn More About Special and General Damages Today
How General Damages Work in New York
General damages are often called non-economic damages because they compensate accident victims for non-financial (i.e., physical and mental) losses. Common types of general damages include:- Pain and suffering
- Emotional distress caused by physical pain
- Diminished quality of life
- Temporary or permanent disabilities
- Significant scarring or disfigurement
- Loss of consortium
How Much Will You Get in General Damages?
The compensation you ask for should reflect, as accurately as possible, all of your current, past, and projected future losses. This typically requires a thorough investigation and a meticulous examination of available evidence. To calculate pain and suffering, for instance, we might:- Interview you about how you feel and any lifestyle changes you experienced
- Interview your friends and family about any changes they have noticed in your behavior and activity level
- Ask a medical expert to discuss symptoms commonly associated with your injuries and what impact those symptoms have
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How Special Damages Work in New York
Also called economic damages, special damages will cover all financial losses stemming from the accident. This often includes, but is not limited to, the following:- Past and future medical bills
- Damage to your vehicle or to other personal property
- Lost income, tips, bonuses, or benefits
- Future loss of earning capacity
- Out-of-pocket expenses
How Much Will You Get in Special Damages?
Again, we need to investigate your case before we are able to determine what your damages are worth. This involves collecting evidence to prove the nature and extent of monetary losses you have already incurred, as well as estimating probable future costs. To calculate medical expenses, we might:- Review whatever bills and receipts you have received
- Look over your related health insurance claim history
- Analyze your medical records
- Ask a medical expert for their opinion regarding possible future costs
When Do You Have the Right to Pursue Damages?
Generally speaking, you are entitled to seek compensation when someone else’s negligence causes bodily harm. For example, our law firm represents victims of:- Car accidents
- Motorcycle accidents
- Truck accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Slip and fall accidents
- Dog bites
- Construction accidents
- Medical malpractice
- Nursing home abuse and neglect
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How Are Personal Injury Damages Paid Out in NY?
If your attorney is able to negotiate a settlement with the insurance company, you will receive money via the settlement agreement that you sign. If your case goes to trial, we will have to fight for a jury award on your behalf. You might receive this money in a lump-sum payment or a structured settlement, depending on what is best for you and on what the agreement says. Your legal representative will explain the differences between these options and work with you to make the right decision.Complete a Free Case Evaluation form now
How Long Do You Have to Seek Damages?
The legal deadline, also called the statute of limitations, varies depending on the specifics of your case. For example, there are different time limits based on:- Whether you are filing a personal injury or wrongful death case
- What kind of accident you were involved in
- Who is responsible for the accident
What if the Insurance Company Will Not Pay Your Damages?
It is very common for liable parties to deny responsibility for the accident and for insurance companies to make lowball offers while accident victims are still confused and vulnerable. You might have to fight harder than you expect to get the damages you deserve. Fortunately, there are several ways for you to fight back if the other side resists paying:- Be alert for tactics designed to reduce your settlement, such as requests for a recorded statement or baseless accusations of fault.
- Hire a personal injury lawyer to work with the other parties on your behalf and to quickly address any problems that could lead to delayed payment.
- Do not sign any agreements or fulfill any requests until your attorney has had a chance to review everything.
- Do not talk about the accident in public (including on social media) without your lawyer’s permission, as the insurer might be monitoring your statements.
Learn More About Special and General Damages Today
Friedman & Simon, L.L.P., wants to see you recover appropriate financial compensation based on your losses, and we are willing to fight hard for that money. Call our personal injury attorneys today to learn more about your rights and options. We will explain how general versus special damages work in NY and calculate your case’s financial value.Call or text (516) 932-0400 or complete a Free Case Evaluation form