What Are Special Damages in New York?
A serious accident that results in personal injury can cost a victim a small fortune in hospital bills, lost income, and rehabilitation expenses. If another party’s negligence was the cause of your injuries, the law affords remedies for seeking financial compensation. A personal injury claim allows plaintiffs to pursue monetary reparations for a variety of losses, including special damages and general damages.
Special damages, also known as economic damages, are designed to help the plaintiff return to the position they were in before the injury occurred. In New York personal injury actions, special damages are determined by the dollar amounts of actual loss. These compensatory damages are awarded in a settlement or jury verdict to reimburse the victim for measurable out-of-pocket expenses.
Special damages are easily measured monetary losses
To get full reimbursement for your medical bills, transportation expenses to doctor appointments, and lost wages, your New York City personal injury lawyer must present solid evidence of these losses. Without supporting proof, such as receipts, pay stubs, and medical records, it is doubtful that claimants will achieve a fair award.
Special damages are quantifiable, concrete losses that are easier to document than say, emotional anguish. If you were hurt in an auto accident and sought compensation for pain and suffering, this is a type of general damages, which is much harder to prove.
What do special damages cover in New York?
In a personal injury lawsuit, special damages cover losses that are easily verified and directly attributed to the accident. The more specific evidence you have regarding the dollar amounts lost, the higher the damage award.
Claimants can recover for:
- Lost wages and income
- Loss of future income
- Medical and hospital bills
- Costs to replace or repair damaged property
- Costs for domestic help or childcare
- Out-of-pocket expenses for necessary transportation to and from medical appointments
- Rehabilitation costs
No damage caps on New York personal injury claims
Many states limit the amount of economic and non-economic damages recoverable in a personal injury claim. Fortunately, New York is not one of them. Claimants can therefore seek full and fair compensation for both special and general damages after being wrongfully harmed by another party’s careless or negligent actions.
Even though expenses like medical bills are easy to document with receipts and financial statements, claims adjusters may question their validity. This can become especially tricky when a pre-existing condition is worsened or exacerbated by the accident. Whether you slipped and fell or suffered back injuries in a car crash, the quality of your legal counsel matters. A skilled personal injury lawyer from Douglas and London can back up your claim and maximize your compensation for all losses.
Contact us for a free, confidential case review
If you were wrongfully injured because of another’s misconduct, you want a strong advocate in your corner– someone with the skills, dedication, and resources to stand up for your rights. You need a New York City personal injury attorney at Douglas & London.
We have been successfully representing victims for nearly 20 years in a wide variety of personal injury actions and provide seasoned legal guidance you can count on.