Were you injured in a car accident in Buffalo or on another road in New York? Buffalo car wreck lawyers can help recover all your past, present, and future losses. These losses fall into three major categories, reviewed below.
Types of Damages Buffalo Car Wreck Lawyers May Claim
1. Economic Damages
This category includes any expenses you may have incurred as a result of the accident. Common examples include:
- Medical expenses. They could be hospital bills, doctor fees, surgical procedures, medical devices, treatment costs, rehabilitation therapies, etc. Basically any expense you incur on your path to recovery is subject to compensation, as long as you provide enough supporting evidence.
- Property damages. NY law gives you the right to recover the costs of repairing or replacing any assets damaged or lost in the accident. These could be your vehicle, mobile devices, jewelry, accessories, and even clothes.
- Lost income. If you needed time off work to recover from your injuries, you should be able to recover any lost wages and bonuses.
- Lost earning capacity. This type of damages is only awarded to car accident victims that remain disabled, unable to work. It enables you to claim the wages and bonuses you can no longer earn due to your disability.
- Disability adjustments. This category includes any expenses you may incur in order to adjust to your accident-related disability. Examples include prosthesis, wheelchairs, vehicle adjustments, home elevator and support bar. Home care and physical therapy qualify for compensation as well.
As your Buffalo auto accident lawyer will explain, in order to recover these losses, you will need substantial evidence. You will have to not only the existence of the damages but also their value. The evidence should be relevant and to the point (invoices, receipts, cost estimates, income statements, etc.)
2. Non-Economic Damages
Car accidents cause not only financial losses but also emotional ones. This category covers all losses that are difficult to quantify, that refer to the accident trauma and its consequences. For example, you can claim compensation for:
- Disfigurement. These damages are usually awarded in cases when the victim’s face and/or body are affected by deep cuts, permanent scars, or severe burns. They aim to compensate the victim for their lost beauty and self-confidence, for the pain of seeing themselves disfigured.
- Pain and suffering. Some accident injuries bring about severe physical and emotional pain. From physical pain to nightmares, depression, and anxiety, anything affecting the victim’s comfort and well being is subject to compensation.
- Loss of enjoyment. When car accident victims lose their ability to engage in or enjoy certain activities, they can seek compensation for their loss.
- Loss of consortium or affection. When car accidents or their consequences irremediably affect the victims’ marriage, the loss should be compensated.
These losses are the most difficult to prove and quantify. Experienced Buffalo car accident attorneys will usually turn to doctor evaluations, witness and expert testimonies, drug leaflets, and case precedents. The good news is that, when supported by consistent evidence, claims for non-economic damages can reach huge amounts.
3. Punitive Damages
This type of damages aims to punish the party at fault and deter other wrongdoers. To obtain them, you will need to prove gross negligence, intentional harm, or conscious disregard for public safety. Also, you can only claim punitive damages from the party at fault directly.
Since New York is a no-fault state, car accident victims usually turn to their own insurer for compensation. There is the possibility of filing a lawsuit against the party at fault when certain conditions are met. However, since these are mostly exceptions and dependent on case circumstances, they should not be exploited without legal help.
The best way to find out what type of damages you can recover and how to claim them is to consult a Buffalo auto accident lawyer. The latter will review all case details, assess the value of the claim, and determine the best course of action.
Schedule a Free Consultation with One of Our Buffalo Car Wreck Lawyers Now!
Would you like to know exactly which of the above types of damages you can claim and what amount they can reach? We can help. One of our Buffalo car wreck lawyers will review your case and provide the information and solutions you need, for free. All you have to do is call our office at (716) 261-2614 or fill in the contact form to schedule the consultation. We look forward to hearing from you!