There were 114,552 large truck accidents in the US in 2023, resulting in injuries, according to the National Highway Traffic Safety Administration (NHTSA). New York, being one of the prime cities in the US, has surely been a significant contributor to this number.
If you are injured in a truck accident in NYC, then you need to be aware of the fact that New York law allows accident victims to pursue various forms of damages to cover their losses, both economic and non-economic.
Truck accident lawyers in NYC have been defending the rights of victims to recover economic and non-economic damages. They will help you gather evidence, assess the full scope of your damages, negotiate with insurance companies, and litigate to ensure you receive the maximum compensation you deserve.
Economic Damages: Quantifiable Losses
Economic damages are the calculable financial losses you incur as a direct result of the truck accident. These include:
- Medical Expenses: This is often the largest category of damages in serious truck accident cases. It includes all past and future medical costs related to your injuries. This can encompass emergency room visits, ambulance transportation, hospital stays, surgeries, doctor appointments, prescription medications, physical therapy, rehabilitation, medical equipment (like wheelchairs or crutches), and even long-term care if needed.
- Lost Wages and Earning Capacity: If your injuries prevent you from working, you can claim compensation for lost wages. This includes not only the income you have already lost during your recovery but also any future earning potential that has been diminished or completely lost due to your injuries.
For instance, if you can no longer perform your previous job due to a permanent disability, you may be compensated for that reduced earning capacity. This also extends to lost benefits, bonuses, and other employment-related income.
- Property Damage: Truck accidents often cause extensive damage to vehicles and other personal belongings. You can seek reimbursement for the cost of repairing or replacing your damaged vehicle, as well as any other property that was destroyed or damaged in the collision. This also includes compensation for the diminished value of your repaired vehicle.
- Other Out-of-Pocket Expenses: This category includes a wide range of incidental expenses incurred due to the accident. Examples include transportation costs to medical appointments, home modifications for accessibility (e.g., ramps), assistive devices, and even household services you can no longer perform yourself (e.g., cleaning, childcare).
Non-Economic Damages
Non-economic damages refer to intangible, subjective losses that are harder to assign a precise monetary value but significantly impact your quality of life. These include:
- Pain and Suffering: This is a broad category that accounts for the physical pain and discomfort you experience due to your injuries. It also covers the emotional and mental anguish, such as chronic pain, discomfort, and limitations on your daily activities.
- Emotional Distress and Mental Anguish: Beyond physical pain, truck accidents lead to significant psychological trauma. This manifests as anxiety, depression, post-traumatic stress disorder (PTSD), fear, shock, and other emotional impacts.
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or daily routines you once enjoyed, you may be compensated for this loss. This addresses the diminished quality of life caused by your injuries.
- Loss of Consortium: In cases where the accident severely impacts a victim’s relationship with their spouse or family members, compensation may be sought for “loss of consortium.” This typically refers to the loss of companionship, affection, intimacy, and other marital or familial benefits.
- Disfigurement and Scarring: If the accident results in permanent scarring, disfigurement, or other physical alterations, you can seek damages for the emotional and psychological impact of these changes.
Punitive Damages
While less common, punitive damages are awarded in specific circumstances. Unlike economic and non-economic damages, which are compensatory (designed to make the victim whole), punitive damages are intended to punish the at-fault party for particularly egregious, reckless, or malicious conduct and to deter similar behavior in the future.
