New York Personal Injury Lawyer Representing Injured Victims of Car Accidents, Construction Accidents, Medical Malpractice, Slip and Fall Accidents.
If you have been injured in an accident, you may be concerned that damage caps will affect how much money you are able to recover. The good news is that New York has no damage caps. Most people consider the lack of damage caps to be beneficial to plaintiffs trying to get compensation for an injury.
Damage Caps Defined
Other states have in place damage caps, which limit the recovery of certain types of damages. For example, a state may not have a cap on medical costs that a victim has incurred or will incur. Likewise, loss of earnings is typically not capped.
However, a state may choose to cap pain and suffering (sometimes called “noneconomic damages”) in certain types of personal injury cases. Many states put a cap on pain and suffering only for medical malpractice actions and others limit noneconomic damages in all personal injury lawsuits. For example, Minnesota limits recovery on noneconomic damages to $400,000.
Many states do not tell juries that there are damage caps in place. Thus, a jury verdict for $2 million dollars in noneconomic damages would get reduced by a judge to the amount of the damage cap.
Damage Caps Do Not Apply in New York for Personal Injury Cases
Most plaintiffs are happy to know that there are no damage caps in New York. New York is one of the few states with no damage cap for personal injury cases. That means that the amount a jury decides would compensate a victim for their damages is what the victim will get. Jury verdicts do vary widely because there are no caps.
Types of Damages to Which You May Be Entitled
In a typical personal injury case, plaintiffs are often entitled to:
- Medical bills paid and the cost of medical treatment needed in the future
- Lost wages, past and future
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Scarring or disfigurement
Contact New York Personal Injury Lawyer of The Rybak Firm, PLLC for a Free Consultation
If you have been injured in a car, construction, slip and fall, or any other type of accident that was not your fault, an experienced New York Personal Injury Lawyer can help you get the money you are entitled to under the law. Experienced Injury Lawyer NYC will know how to value your case and explain to you your case’s strengths and weaknesses. Personal Injury Lawyer NYC can Help You !