Articles Tagged with pain and suffering

4-9-24-Wrongful-Death-Lawsuit-300x200Few fatal car accidents can be anticipated, but many have causes that can and should be attributed to somebody other than the victim. Wrongful death lawsuits give New York families an opportunity to both reclaim their financial independence and to ensure that a wrongdoer is held accountable for a loved one’s death.

Understanding Wrongful Death Claims

In New York, a wrongful death is defined as any death caused by a “wrongful act, neglect or default.”

4-2-24-Emotional-Distress-300x200In New York, no-fault insurance coverage is limited in its ability to mitigate the serious impacts of long-term emotional distress. However, survivors with serious injuries retain the right to file a claim for compensation against the person or party who caused their accident.

Under most circumstances, a personal injury lawsuit provides an opportunity to obtain recompense for the following:

  1. Economic Damages: Economic damages refer to verifiable financial losses. These could include your outstanding medical bills, lost income from work, and anticipated care needs.

3-27-24-hourglass-300x200Car accidents can have life-altering repercussions. For many survivors, the road to recovery is anything but straightforward. Even when physical injuries seem likely to heal, other wounds sometimes linger for far longer—making it difficult for victims to get a good night’s sleep, reclaim their self-esteem, or live a life unburdened by pain.

In New York, no-fault insurance policies ensure a baseline of medical benefits—benefits that can help drivers, and injured passengers, mitigate the costs of routine care. However, insurance settlements often fall short, with payments restricted by statute and subject to the terms of a motorist’s coverage. Companies are rarely, if ever, required to compensate survivors for pain and suffering.

A personal injury lawsuit, in contrast, provides an opportunity to recover a much wider range of economic and non-economic damages. Compensation for pain and suffering falls into the latter category, and typically consists of either, or both, of the following components:

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