When you are hurt in an accident, the law allows you to seek money for what the injury has cost you. That money is called damages, and it falls into two main groups: economic and non-economic. Knowing the difference helps you understand what a claim may be worth and what you should track.
This guide explains both types of damages and how they apply in Brooklyn injury cases. If you were hurt in a crash, a Brooklyn car accident lawyer can explain which damages may apply to you.
What Are Damages?
Damages are the compensation a person can recover for harm caused by someone else’s negligence. They are meant to make up, as far as money can, for what the injury took from you. The amount depends on the facts of your case, the severity of your injuries, and the evidence you can show.
Economic Damages
Economic damages cover financial losses that can be added up with receipts, bills, and pay records. Common examples include:
- Medical expenses: emergency care, surgery, hospital stays, medication, physical therapy, and future treatment.
- Lost wages: income you missed while you recovered.
- Lost earning capacity: a reduced ability to earn money in the future because of a lasting injury.
- Property damage: repair or replacement of a vehicle or other belongings.
- Out-of-pocket costs: medical equipment, home care, and travel to appointments.
Because these losses can be measured, they are usually easier to prove. Keep every bill, receipt, and pay stub.
Non-Economic Damages
Non-economic damages cover the human cost of an injury, which has no price tag. They can include:
- Physical pain and suffering.
- Emotional distress, anxiety, and sleep problems.
- Loss of enjoyment of life, such as no longer being able to play with your children or exercise.
- Scarring and disfigurement.
These damages are harder to measure, so evidence matters. Our guide to how pain and suffering is calculated in Brooklyn explains the factors insurers and juries weigh.
Economic and Non-Economic Damages Compared
Economic damages
Non-economic damages
What they cover
Measurable financial losses
Pain, distress, and lost quality of life
Examples
Medical bills, lost wages
Pain and suffering, scarring
How they are shown
Bills, receipts, pay records
Medical records, symptom journals, testimony
The Serious Injury Rule in Car Accident Cases
New York’s no-fault system generally pays medical bills and some lost earnings after a car accident, no matter who caused it. To sue for non-economic damages such as pain and suffering, an injured person usually must show a “serious injury.”
Insurance Law 5102(d) defines this term. The categories include a fracture, significant disfigurement, and a permanent or significant limitation of use of a body part or function, among others. Whether your injury meets the standard depends on your medical records, so thorough documentation is important.
How Fault Can Affect Your Damages
Your damages can be reduced if you share some blame for the accident. Our guide to Brooklyn’s comparative fault law explains how this works.
Planning for the Future
Some injuries need care for months or years. A settlement is usually final, so it is important to understand your future medical needs before you accept an offer. Our guide to how long a personal injury case takes shows why rushing to settle can be costly.
Talk to a Brooklyn Personal Injury Lawyer
Every injury is different, and so is every claim. The lawyers at Edelstein, Faegenburg & Blyakher, LLP can review your losses and explain what compensation may be available. Call us or send a message through our contact page to request a free consultation.
We also help injured people in Manhattan.