Even if you are found to be partly at fault in a New York premises liability case, you may still be entitled to recover compensation for any injuries or losses you suffered. Under New York’s comparative negligence law, you have the right to bring a lawsuit against another party and seek damages, even when your actions cause you to be partially responsible for the personal injuries you suffered.
Although the state of New York’s laws do not bar you from taking legal action against a property owner if you contributed to an accident, it is important to note that a jury can find that you are partially to blame for the happening of the accident. In that case, your monetary award will be reduced by your percentage of fault.
Recoverable Damages in a Premises Liability Case
Regardless of whether or not you are partly at fault in a New York premises liability case, you may still be entitled to recover certain damages depending on how the injuries you suffered in the accident have impacted your life and livelihood.
“Damages” is a legal term that refers to the financial relief you could receive. You will likely hear this term often throughout the duration of your case. Some of the damages you may be entitled to collect include:
Pain and Suffering
Are you suffering from severe or chronic pain, a traumatic brain injury (TBI), fractured or broken bones, that have left you with pain, physical limitations and disabilities? Some TBIs can also lead to long-term disabilities. In fact, the Centers for Disease Control and Prevention (CDC) currently recognizes TBI as a major cause of disability in the United States.
Regardless of the type of injury you sustained, if you are experiencing pain and/or suffering as a result of your premises liability accident, you may be entitled to compensation. Pain and suffering is one of the more difficult damages to value because it is not tied to a monetary loss that you have suffered. A New York premises liability attorney can help you demonstrate and prove the pain and suffering you have suffered and may continue to suffer in order to obtain fair compensation for you.
Loss of Income and/or Earning Capacity
Did your injuries result in your inability to work for a period of time? Are you unable to resume the position you had prior to the accident? Or are you no longer able to work at all?
Sometimes, premises liability accident victims suffer such severe injuries that it impacts their ability to earn a living. If your injuries are interfering with your ability to work, you may be eligible to receive compensation for your losses.
Were you transported to the hospital after your premises liability accident? Do you have to visit your doctor regularly for treatment? Have you or will you need to attend physical therapy or undergo surgery?
All of this can be discussed with your premises liability lawyer. You may be entitled to recover compensation not only for your past and current medical care but also for the medical treatment you are expected to need in the future.
Life after a premises liability accident can be tough, especially if you suffered an injury that impacts your physical and/or cognitive abilities. Because these circumstances can lead to mental suffering, you may be entitled to compensation for any mental conditions you have developed, such as depression, post-traumatic stress disorder (PTSD), or anxiety.
Contact Dansker & Aspromonte Associates About Your Premises Liability Case
Since 1988, the attorneys at Dansker & Aspromonte Associates have been fighting to protect the rights of accident victims and help them recover compensation for their injuries. Even if you think you are partly at fault for a premises liability accident, our firm is prepared to help you obtain the best possible recovery in your case.
If you were injured on someone else’s property in New York and would like to find out what your legal options are, contact Dansker & Aspromonte Associates today at (212) 732-2929.