Understanding non-economic damages is essential, especially in a city as complex as New York, where personal injury cases can be influenced by everything from state laws to jury decisions.
New York follows a no-fault system for auto accidents, meaning that minor injuries are typically covered by personal injury protection (PIP) insurance without the need for a lawsuit.
However, non-economic damages are only available if the injury qualifies as serious under New York law.
You have every right to hire injury attorneys in New York City to fight for your cause if you sustained a serious injury. A serious injury includes:
- Death
- Dismemberment or significant disfigurement
- Bone fractures
- Loss of a fetus
- Permanent loss or limitation of an organ or bodily function
- An injury that prevents normal activities for at least 90 days. If your injuries meet these criteria, you can step outside the no-fault system and pursue a personal injury lawsuit for non-economic damages against the at-fault party.
One important thing to know is that New York does not impose a cap on non-economic damages in personal injury cases. This means there’s no legal limit to how much a victim can receive for pain and suffering, emotional distress, or other non-economic losses.
Table of Contents
Key Types of Non-Economic Damages You Can Claim in a New York PI Claim
Here they are:
Pain and Suffering
This is one of the most common types of non-economic damages. Pain and suffering cover the physical pain and discomfort caused by an injury. When someone gets hurt in an accident, the pain can go on for days, weeks, months, or even a lifetime.
If you’ve suffered an injury, you might experience constant pain, difficulty moving, or chronic aches. The worse the injury, the more pain you are likely to endure, and the more compensation you may be entitled to.
Emotional Distress
Getting injured can affect your mind as well. Emotional distress refers to the psychological impact of an accident.
Many people who go through traumatic accidents experience anxiety, depression, or even post-traumatic stress disorder (PTSD). For example, someone who survives a serious car accident might be terrified to drive again. Emotional distress can affect your ability to sleep, focus, or even enjoy life like you used to.
Loss of Enjoyment of Life
When someone is injured, they might not be able to do the things that once brought them happiness. Imagine someone who loved playing sports but can no longer run because of a broken leg that never fully healed.
Or someone who enjoyed playing guitar but lost the ability to use their fingers properly after a hand injury.
The inability to do the things that once brought joy is a real and significant loss, and that’s what this type of compensation covers.
Loss of Consortium (Companionship)
This type of damage applies when an injury affects a person’s relationships with their loved ones. A spouse may no longer be able to share the same level of emotional, physical, or even financial support they once did because of their injury.
If someone becomes permanently disabled or experiences a serious injury, their relationship with their family may never be the same. Loss of consortium is often claimed by spouses or immediate family members who have lost the companionship and care of their loved one.
Disfigurement and Scarring
Some injuries leave visible scars or permanent changes to a person’s body. These changes can affect a person’s self-esteem and emotional well-being. A deep scar on the face, a missing limb, or burns covering large parts of the body can change how a person sees themselves and others.
Disfigurement and scarring compensation accounts for the emotional pain and psychological effects of permanent physical changes.
