New York personal injury laws and tort laws govern numerous legal actions and claims. According to the type and severity of the harm that an individual suffered, they may be able to recover losses in New York, as in other states.
In most situations, an economic damages award will be the legal remedy. In New York, common examples of personal injury cases include:
- Automobile accident lawsuits;
- Lawsuits for negligence;
- Minor battery or assault claims;
- Claims for premises liability, for example, slip and fall cases in retail stores.
If an individual has any questions about the damages they can recover for a personal injury case in New York, they should consult with a local New York lawyer.
What Are Typical Tort Examples in New York?
In the State of New York, a tort is any unlawful act, except claims for breach of contract, that causes harm to another individual, their property, their reputation, or something similar for which the legal system is able to provide redress. In other words, a tort is an act that is committed by one individual that results in harm to another individual, who can then hold them accountable for the harm incurred.
A tortious action can also be defined as any harm that is done to another individual that is not covered by contract laws. Under New York laws, when a tort is committed, an individual can file a lawsuit against the alleged perpetrator.
New York laws recognize many different types of torts, including, but not limited to:
- Intentional physical torts: For example, civil battery or making offensive or harmful contact with someone without their consent;
- Intentional property torts: For example, conversion, or taking someone else’s property and converting it to their own; and
- Emotional torts: For example, defamation, or when an individual says something false about another individual, with that lie hurting that individual, libel, or slander.
Examples of common damage claims that plaintiffs in New York may make include, but are not limited to:
- Lost wages: In the majority of tort cases, an injured plaintiff may file a claim for their lost wages as a result of missing time from work due to their injury;
- If the plaintiff’s injuries may affect their ability to earn money in the future, they may also be able to file a claim for damages for their loss of earning capacity;
- Medical expenses: The most frequent type of damage claim involves medical costs, such as in cases requesting medical malpractice damages. In most circumstances, a plaintiff will be able to demand that the tortfeasor cover their medical expenses, therapy costs, and prescription costs;
- It is important to note that insurance often plays a part in paying medical expenditures;
- Property damage: Damages to the plaintiff’s property are a frequent type of damage claim. For example, in a New York car accident case, a plaintiff could file a claim for property damage to cover the cost of repairing their damaged car;
- Pain and suffering: This may include loss of enjoyment of life, loss of consortium, physical discomfort, scars, or psychological anguish. These are common theories for a pain and suffering claim; and
- Punitive damages: In certain situations, the court may want to punish the tortfeasor for egregious or outrageous conduct. These damages are intended to prevent future similar conduct and prevent other parties from engaging in similar conduct.
What Is the Average Personal Injury Settlement?
The average personal injury settlement in New York State is around $287,000. This is a higher amount than the national average.
In New York, punitive damages usually cannot be more than ten times the plaintiff’s actual damages. New York courts have invalidated both high and low punitive damages amounts.
Do Damage Awards in New York Have a Cap?
In New York, damages awards in personal injury lawsuits are not subject to any formal restrictions. There are approximately 15 states that do not have restrictions on medical malpractice awards.
In addition, punitive damages are not subject to statutory caps in New York. However, is it important to note that, compared to economic damages, the punitive damages cannot be grossly disproportionate.
Tort Reform: What Is It?
Tort reform in New York refers to recent revisions to the tort laws in the state. Tort laws are always evolving, so it is important to be aware of current developments.
Tort reform that caps the amount of damages in certain civil lawsuits and tort reforms that place restrictions on the amount of contingency fees for plaintiff’s lawyers are the two major tort reforms that have an impact on plaintiffs.
In the State of New York, for example, contingency fees in medical malpractice cases are capped in the following ways:
- 30% of the first $250,000 in damages;
- 20% on the following $500,000 in damages;
- 15% of the following $250,000; and
- 10% of any losses over $1,250,000 in damages.
It is common for companies to employ compulsory arbitration clauses in their contracts to prevent individuals from holding them accountable in private civil cases, as well as to advocate for tort reform regarding civil liability. In these situations, businesses are trying to restrict an individual’s ability to sue them and seek compensation for harm they suffered.
Does New York Allow Punitive Damages?
In certain personal injury cases, a defendant may be required to pay punitive damages in order to punish them and attempt to deter future wrongdoing. Punitive damages are categorized as quasi-criminal in New York. This is due to the fact that these damages are not economic in nature. Instead, they are intended to control a defendant’s behavior.
In New York, punitive damages can be granted in cases where the defendant’s actions had a high degree of moral culpability. This means that the behavior must have been more than just careless.
Punitive damages are more likely to be requested in cases that involve extreme irresponsibility or willful behavior. Punitive damages may also be awarded in situations that involve:
- Malice;
- Oppressive actions;
- Malicious insults;
- The suffering of the plaintiff.
It is often difficult to estimate damages, including special damages, in a personal injury case in New York. It may be helpful for an individual to have legal assistance to determine the possible damages they may receive.
How Are Economic Damages Determined?
Economic damages are often calculated using a number of different elements that must be quantifiable. For example, a court may review documents to determine the total expenses. These documents include receipts, invoices, and hospital bills.
There are some situations in which further proof may be required, such as accident videos or other types of proof. There are also many cases that require the testimony of an expert witness who will be able to estimate the extent of the damages.
Do I Need an Attorney?
If you need to file a personal injury lawsuit in New York, it is essential to consult with a New York personal injury attorney. There are numerous New York statutes that may be at issue in your case.
In addition, there are some cases in which federal laws may apply. Because of the numerous laws, possible expert testimony that may be required, and complexity of personal injury cases, having an attorney is likely your best chance at obtaining damages.
