What Damages Can I Recover In A New York Construction Accident Lawsuit?

When you are injured in a construction accident, it is important to know what damages you may be able to recover. New York law recognizes four categories of damages in construction accidents: economic, noneconomic, pain and suffering, and punitive damages. Economic damages compensate you for your financial losses resulting from the accident. This may include medical expenses, lost wages, and property damage. Non-economic damages compensate for the losses that cannot be easily quantified. These may include physical pain and suffering, loss of enjoyment of life, and loss of consortium (the services and support provided by a spouse or significant other). Punitive damages are intended not only to compensate an injured party but also to punish the party at fault for their actions.

What Damages Can I Recover In A New York Construction Accident Lawsuit?


Damages That Can Recover In NYC Construction Accident Lawsuit

  • The total amount of your medical bills resulting from the accident can be recovered as an economic loss. This includes hospital bills, surgery bills, doctor's visits, medical devices such as crutches, and prescription medicines.
  • A car wreck on a highway can generate hundreds of pages of medical documentation from dozens of doctors, nurses, and hospitals. However, simple traffic violations resulting in minor injuries are handled at the town court level with much less formality than a lawsuit in federal court. Since each complaint is handled individually in the New York Courts, it takes a tremendous amount of time to gather the necessary records, arrange them in a format acceptable to the defense counsel, and actually file the complaint itself. Many injured claimants get discouraged with the complex process and never pursue their claim as a result. An experienced attorney can help you navigate this complicated process and ensure that you receive the compensation you deserve for your injuries.
  • The cost of reasonably necessary transportation expenses can also be recovered as an economic loss. This can include costs for an ambulance ride to the emergency room, a ride to and from a doctor's office for treatment, or even a taxi to get home from the hospital if you are unable to drive yourself.
  • Lost wages can also be recovered as an economic loss if the injury prevents you from working for a period of time. Even if you recover and be able to return to your old job after a few months, you may still be entitled to compensation for any lost income during that time period. Compensation is calculated as a percentage of your average weekly wage or the highest annual wage you have received over the previous three years, whichever is greater. This represents the amount of money that you would have earned during your recovery period had you not been injured. In some cases, you may be entitled to compensation for future lost wages as well if your injuries prevent you from returning to your job permanently.
  • If you are seriously hurt in a car accident in New York, you could be entitled to receive punitive damages in addition to compensation for your economic losses. Punitive damages are intended to punish the defendant for egregious misconduct and are awarded on a case-by-case basis.

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