What Is a New York Car Accident Lawsuit Worth?
A victim of a car accident may sustain physical, emotional, and financial forms of harm, some of which may linger far into the future. If they meet the legal requirements for going outside the no-fault system in New York State, they may be able to recover many forms of damages. The main category of damages in a car accident case is known as compensatory damages. In theory, these restore a victim to the position in which they would have been had the crash not happened. This is not literally possible after a car accident that causes serious injuries, but compensatory damages at least account for both economic and non-economic forms of harm.
Some states have established caps (or limits) on compensatory damages in personal injury cases. However, New York does not impose any caps on compensatory damages, allowing a victim to recover the full amount to which they may be entitled.
Economic Damages After a New York Car Accident
Compensatory damages typically divide further into economic damages and non-economic damages. Sometimes called special damages, economic damages account for the objective costs arising from an accident. These may include:
- Damage to a vehicle, or replacement of a totaled vehicle
- Medical bills, ranging from hospital stays and doctor visits to therapy and medication costs
- Costs of future treatment for a long-term injury
- Lost income based on time that the victim missed from their job
- Lost earning capacity if the injuries restrict a victim’s earning potential in the future
- Assistive devices like crutches or a wheelchair
- Home modifications to accommodate an injury, such as ramps, lifts, or handrails
While some types of economic damages may be easily calculated, others may benefit from the testimony of an expert witness. For example, an economist might need to clarify the scope of a victim’s lost earning capacity, or a doctor might need to explain the future treatment that they will need. Under New York Rule of Evidence 7.01, a plaintiff bringing a personal injury lawsuit may introduce expert testimony on matters that an ordinary person would not know or understand on their own. The testimony must help the jury or judge make a factual determination or get a better grasp of the evidence in the case.
Pursuing Non-Economic Damages in New York
Sometimes called general damages, non-economic damages cover less tangible, more subjective forms of harm. They may account for the physical pain and suffering of the victim, as well as their emotional distress. A victim also might recover compensation for their lost quality of life. For example, if an injury prevents them from doing an activity that they regularly enjoyed, they may get compensation for their loss of that enjoyment.
Testimony from family members, friends, and work colleagues can help illustrate the scope of non-economic damages. These witnesses can describe the victim’s life before the accident and how it contrasts with their life afterward. A victim also might keep a journal after the accident that describes their activities. Evaluations or testimony from a psychologist might bolster these types of claims as well. An attorney can help a victim gather the evidence that they need, while advising them about pitfalls that could jeopardize their claim.
Punitive Damages Under New York Law
In some cases, a victim might recover punitive damages in addition to compensatory damages. As the name suggests, punitive damages punish a defendant and deter people from engaging in similar activities. (Sometimes they are called “exemplary damages.”) In a 2017 case, the New York Court of Appeals explained that a jury or judge should award punitive damages only when aggravating factors show a level of wrongful conduct that goes beyond ordinary negligence. The Court of Appeals referred to a landmark 1990 decision that described the punitive damages standard as “conduct having a high degree of moral culpability [that] manifests a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.”
Unlike some states, New York does not cap punitive damages. However, the U.S. Supreme Court created a “single-digit multiplier” rule in 2003. It ruled that most punitive damages awards that are at least 10 times greater than the amount of compensatory damages will violate the constitutional principle of due process. Moreover, the Court suggested that due process may require a smaller ratio, “perhaps only equal to compensatory damages,” when a victim receives a large compensatory damages award. New York courts have followed these guidelines in weighing the scale of punitive damages awards.
