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:
- Car accidents
- Slip and fall accidents
- Auto accidents due to motor vehicle defects
- Workplace accidents and occupational diseases
- Accidents caused by dangerous and defective products
- Claims for medical negligence, including plastic surgery and dental malpractice
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.