What Damages Can I Receive for a Premises Liability Claim in New York?
If you were injured while on someone else’s property, you could receive damages through a premises liability claim in New York. These damages may compensate you for each and every type of injury you sustained including physical and emotional pain and suffering, medical and hospital bills, and lost wages.
There are two main types of damages that you may be able to recover in a premises liability case: they are economic and non-economic damages. On this page, we will discuss the differences between these categories and what they could mean for your case.
Pursuing Economic Damages After Being Injured
Economic damages are a type of compensatory loss. These are known as “actual damages,” per the Legal Information Institute (LII). They are meant to compensate you for the direct financial harm resulting from your injuries.
Some examples of economic damages may include:
Medical bills, including past, future, and long-term medical costs, can all be considered economic damages. If your injury has resulted in a chronic condition that requires ongoing care, these medical expenses can be claimed under the category of economic damages. Home health aides, physical therapy, rehabilitation, psychotherapy, and other treatments can also be covered.
Lost Wages and Earning Potential
Just as with medical expenses, you can also receive compensatory damages for both past and future lost earnings when an injury impedes your ability to work. The time that you had to take off work due to your injuries can be compensable, as well as the work that you are unable to seek or complete due to your injuries.
For example, if you worked in construction, but a slip and fall accident left you with chronic, debilitating back pain, not only could you miss time from work, but you may also need to leave your chosen career to pursue something else.
Seriously injured people may face life-changing consequences after an accident. If you have lost hours, a job, or your entire career due to your injuries, then you may be able to recover economic damages to make up for this loss.
In-Home Services and Other Out-of-Pocket Expenses
This category of economic damages includes the miscellaneous things you have to pay for due to your injury.
For example, if an injury limits your mobility (either temporarily or permanently), you may need to hire services to perform the daily tasks that you would otherwise do yourself. Things like cleaning, gardening, delivery, and transportation services may all be necessary to help you go about your life after an accident.
If you had to buy equipment or other necessary items due to your injury, you may also be able to recover damages for these out-of-pocket expenses.
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You May Be Able to Receive Non-Economic Damages
Non-economic damages cover the non-monetary impacts of your injury on your life, health, and overall well-being.
You may be able to recover compensation for one or more of the following:
Pain and Suffering
The physical pain you experience after being injured due to another party’s negligence may entitle you to substantial financial compensation. Serious injuries can be very painful—so can the treatments, surgeries, and therapies that you may need in order to recover.
Injuries can cause physical and emotional pain. When an injury alters your life, you may experience emotional anguish that takes an added toll. You can recover damages for mental pain through a premises liability claim or lawsuit.
Loss of Enjoyment of Life
Certain activities that you once enjoyed may be impossible after you are injured in an accident on someone else’s property. When you can no longer participate in the hobbies and activities that brought you joy, you may be able to collect non-economic damages for that loss.
Additionally, if you cannot even go about your day-to-day activities due to disability and pain, then you may be able to get compensation for reduced quality of life.
Dansker & Aspromonte Associates LLP Can Help You Fight for Damages
Our experienced and dedicated lawyers have been fighting for injury victims just like you since 1988. If you have been injured by another’s fault, contact our lawyers as soon as possible, as there are deadlines that limit your rights to receive compensation for your injuries.
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