Is There a Cap on Damages in NYC Injury and Accident Lawsuits?
After being injured because of another person’s negligence, you might incur expensive losses. When seeking compensation, will you be limited regarding how much you can recover in New York City?
New York does not impose any limits on compensatory damages or punitive damages for victims. This is true in claims against individuals and claims against government agencies. While there are no caps on damages, compensation will be unavailable if you do not bring your case within the three-year statute of limitations in New York City. Furthermore, compensation can be reduced if a victim shares fault for their injuries. Even though compensation is not limited for accident victims in New York City, it is not guaranteed. Victims must present proof of negligence and damages to recover sufficient compensation for their injuries and losses.
To have the New York City personal injury lawyers at The Carrion Law Firm assess your case for free, call (718) 841-0083 today.
Does NYC Cap Compensatory Damages in Injury and Accident Claims?
In the moments after an accident, you can’t begin to estimate the financial impact it might have on your life. If you require medical treatment for your injuries and are likely to miss time from work, you can file an injury lawsuit against the party responsible for your damages.
While some states limit recovery depending on the case, New York does not. This means that there is not a cap on damages in any personal injury claim in New York City.
Damages refer to the losses you have incurred because of an accident. Compensation in lawsuits can cover all of a victim’s medical expenses, lost wages, and any other out-of-pocket expenses related to a negligent party’s actions. Just as there are no limits on recovery of economic damages in injury and accident claims, there are no limits on recovery of non-economic damages. This type of compensation refers to the pain and suffering a victim has experienced because of a defendant’s negligence.
New York has also waived its sovereign immunity, allowing individuals hurt because of government agencies or government workers to pursue compensation. Just as there are no caps on damages for claims against individuals, there are no caps on damages for claims against the government or government agencies in New York City.
Does NYC Cap Punitive Damages in Accident and Injury Claims?
The goal of compensatory damages is to make victims whole again following an accident or injury. There is another type of damages available to victims that has nothing to do with compensation. The court uses punitive damages to punish defendants for gross negligence and deter defendants and others from engaging in similar behavior in the future.
While compensatory damages and punitive damages exist for different reasons, neither are capped in New York City. This bodes well for victims, especially those hurt because of gross negligence. Since an extra element is required to recover punitive damages, they are not guaranteed or available in every case.
Common examples of gross negligence include drunk driving, distributing defective products, speeding through areas with high concentrations of pedestrians, and failing to keep construction sites safe for passersby.
In order for you to recover punitive damages in your injury claim, our attorneys will aim to prove that the defendant acted with reckless indifference to the safety of others. Breaching one’s duty of care is not sufficient reason for a victim to recover punitive damages in New York City.
Is Compensation Guaranteed Because NYC Doesn’t Cap Damages?
Just because New York City does not impose limits on compensation for victims does not guarantee recovery. In order to recover total compensation for all of your losses, you must prove a defendant’s fault for your injuries and submit proof of your damages.
After your accident, our Manhattan personal injury lawyers will investigate your case to uncover proof of the defendant’s negligence. Depending on the type of accident, evidence might vary from case to case. For example, eyewitnesses to a car accident might be able to provide useful statements. If you were hurt in a slip and fall accident in a store, we can subpoena security camera footage from the establishment.
In addition to proving that another party acted negligently, causing your injuries and your damages, you must also provide proof of those damages. Proof of damages also varies, depending on the case, but typically includes records of a victim’s medical expenses and lost wages. Because there is no limit on recovery of economic damages in New York City, victims should be able to recover compensation for all of their financial losses, provided they can prove their existence.
Recovering non-economic damages can be challenging even though New York City does not limit compensation in this area. Our attorneys may advise you to keep a journal, speak with a therapist, or confide in close family and friends to aid in your recovery of non-economic damages in your injury claim.
Will NYC Cap Your Damages if You File Your Injury Claim Late?
Although New York does not limit compensation for injury victims, it will bar victims from recovery if they do not file by the deadline for accident and injury claims.
In New York City, the statute of limitations to bring an injury lawsuit is three years. If you file within that timeframe, your access to compensation will be protected. If you attempt to file once three years have passed, you will not be permitted to recover compensation of any kind.
Furthermore, New York is a pure comparative fault state, meaning victims can recover compensation for their injuries even if they share fault with a defendant. That said, their compensation will be reduced in proportion to their liability.
Call Our NYC Attorneys to Discuss Your Case Today
Victims can call (718) 841-0083 to set up a free case review with The Carrion Law Firm’s Brooklyn personal injury lawyers.