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Elements of a Personal Injury Case

If you are injured as a result of someone else’s negligent actions, you may be able to seek damages for emotional pain and physical suffering through a personal injury claim. If you were in a car accident and your vehicle was damaged or destroyed, you may be able to seek damages for that as well. There are a number of causes for a personal injury case, including but not limited to:

Damages in a Personal Injury Case

Personal injury cases involve economic and non-economic damages. Economic damages, such as compensation for hospital bills, lost wages, and property damage to a vehicle are measurable and can be easily supported with documentation.

In contrast, non-economic damages are non-financial in nature and include things like emotional pain, physical suffering, emotional distress, and loss of consortium. Loss of consortium has to do with how an injury affects a marital relationship, but it can also apply to families with children.

Statute of Limitations in New York

Every state has a “statute of limitations” for filing a personal injury claim. This refers to how much time someone has to file a claim after the accident or date of injury. In New York, plaintiffs (injured parties) have three years from the date of the accident to file a personal injury claim for damages. If an injured party misses this deadline, he or she loses their right to file a claim permanently. So, it’s important to file a claim before the deadline expires.

Related: Do I Have to Pay Taxes on My Personal Injury Settlement?

To file a personal injury claim in Schenectady or Saratoga Springs, contact DeLorenzo, Grasso & Dalmata, LLP for a case evaluation.