How is the final compensation for an injury claim determined, and what is the difference between economic and non-economic damages?

Every accident is unique and every recovery will vary, but insurance companies and courts need to have an understanding of the possible payouts for injuries claims. They will compile an objective list that includes the actual expenses incurred by the injured party (called economic damages) and then add subjective factors (non-economic damages) to that number. The sum of all these expenses will determine the final compensation.

Is age a factor in determining compensation for damages in a personal injury claim?

Age may be considered in a personal injury case. This could include future medical expenses, loss of earning ability, and other non-economic damages. Because of the fact that life expectancy is often a factor in these types of damages, The victim's age will determine how long they can expect to live, as well as the amount of compensation they might need for these damages.

How is compensation for lost wages and loss of future earning capacity calculated in a personal injury claim?

Compensation for future earnings loss and lost wages will be determined based on the victim’s current annual salary. The victim's hourly wage or salary will be multiplied by the hours missed to calculate lost wages. Other factors that may affect the calculation of salary include overtime, lost promotions, lost wage increases, and lost sales commission.

How is the value of non-economic damages determined in personal injury cases and what factors are considered?

Sometimes, other damages may be possible to recover in personal injury cases that are more difficult to quantify. These damages are also known as pain and suffering, or non-economic damages. They cover the victim's physical and mental injuries, as well as any emotional and psychological effects. The multiplier is what the court or insurance company uses to determine how much these damages are worth. The multiplier will depend on the severity of the injuries and the amount of medical treatment that has been received. It will consider how much the victim can recover from the injuries, the extent of their future needs, and the impact these injuries may have on their lives.

What happens if I lose my personal injury claim?

If you fail to win your claim and receive no compensation from the defendant, they will attempt to recover their costs. These and all other expenses would be covered under an After the Event (ATE), insurance policy.

Will I lose benefits if I get compensation?

Compensation is considered savings for any benefits that you have claimed. When you receive your compensation payout, it is important to inform the office responsible for paying your benefits.

How long will it take to settle your personal injury claim?

Claims processed through the portal typically take between 4-9 months to settle. This is based on clients accepting the initial settlement offer. Medical Negligence: It can take anywhere from 18 months to 2 years to settle a case involving medical negligence.

What is the 52-week rule compensation?

A person has 52 weeks to create a trust for personal injuries. This creates a legally binding agreement where the compensation is held for the benefit of another person ("the beneficiary") according to the terms of a trust deed.

Do personal injury claims go to court?

In personal injury cases, it is not uncommon for court proceedings to be initiated. Court proceedings should be initiated if the defendant in your case refuses to accept responsibility for the accident and/or makes a reasonable compensation offer.

How do I contact the Kucher Law Group?

You can call us at (929) 274-8000. You can also send us an email at contact@rrklawgroup.com. Another way to contact us is by filling up the contact form on our website at https://www.rrklawgroup.com/contact/

Personal Injury Calculator - Kucher Law - New York Settlement Calculator

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Recovering settlement or compensation from a personal injury requires that many factors be considered. Whether it is through an insurance claim or a personal injury lawsuit, there must be a starting point for settlement negotiations to begin. This is true regardless of whether the accident was a car accident, slip, and fall, medical malpractice, or another personal injury.

Compensation for an injury can vary significantly. It is critical to get the advice and guidance of an experienced New York City personal injury attorney to understand the value of your claim or settlement. Whether you’ve been injured in a ceiling collapse accident, car accident, slip and fall accident, or any other accident that involves the negligence of another party, we may be able to help. Contact Kucher Law today to schedule a free consultation about your injury case.

New York Personal Injury Settlement Calculator

This New York personal injury settlement calculator may be able to help you determine how much you should receive as settlement or compensation for your injury case.

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NOTE: This calculator is not guaranteed to be 100% accurate and should only be used as a guideline.

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A Basic Understanding of the Value of an Injury Claim and Settlement

While every accident and recovery will be different, insurance companies and courts must come to a basic understanding of what the possible payout will be for an injury claim. They will collect an objective list of the expenses that were actually incurred by the injured party, called economic damages, and then add more subjective factors, non-economic damages, to that figure. The total of these will be the starting point for determining the final compensation or settlement.

Age

In a personal injury claim, age may enter into compensation for future medical costs, loss of earning capacity, and non-economic damages. This is because life expectancy is often a factor for these types of damages. The younger the victim, the longer their life expectancy, and the longer they may need compensation for these damages. For more information about how age can affect your settlement amount, contact Kucher Law today.

Annual Salary

Compensation for lost wages and loss of future earning capacity will be based on the victim’s current annual salary.

Lost wages will be calculated based on the victim’s hourly wages or salary multiplied by the number of hours or days missed. There may be other factors considered in the salary calculation, such as overtime regularly made, lost promotion opportunities, lost wage increases, lost sales commission, and lost bonuses that they may also be able to recover.

Medical Expenses

Medical expenses are the total provable expenses that an injured party has incurred as a direct result of the accident.

These will include:

Future Medical Expenses

Many injury victims face long recoveries and extensive medical care, including additional surgeries, therapies, and other additional care, sometimes years into the future.

Factors that might be considered are:

An injured victim and their attorney will have the burden of proof that future medical expenses will be reasonably expected. Calculating what may be needed in the future can be difficult and require the skill of medical experts or your treating physician.

Future Lost Wages

Compensation for future lost wages also called lost earning capacity, will consider the difference between what a victim would have earned had the injury not happened and the future income they may earn that is now limited by their injury. For instance, if the injured party is unable to return to their line of work and must take a lower salary or is unable to return to work entirely, future lost wages represent the amount of salary the victim would have reasonably expected to earn had it not been for the accident.

Pain and Suffering

Other damages can sometimes be recovered in a personal injury case that can be less easy to quantify. These damages, called pain and suffering or non-economic damages, cover any physical pain and mental and emotional effects that the accident and injuries have had on the victim.

In order to put a dollar value on pain and suffering damages, the insurance company or court will use what is called a multiplier to calculate what these damages are worth. The multiplier will be based on how bad the injuries are and how much medical treatment has been received and may be needed in the future. It will also consider whether the victim will be able to recover, how long-lasting the effects may be, and how these injuries have impacted their life.

Comparative Negligence

Further impacting the value of an injury claim is a fault. In New York, we are a pure comparative negligence state which means that the recovery of the injured victim will be reduced by the percentage of their fault for the accident.

Factor	Details
Age	Influences compensation for future medical costs, loss of earning capacity, and non-economic damages, considering life expectancy.
Annual Salary	Compensation for lost wages and future earning capacity based on the victim’s current annual salary, considering factors like overtime and promotions.
Medical Expenses	Total expenses incurred by the injured party due to the accident, including emergency care, hospital bills, medical equipment, medications, and other medical costs.
Future Medical Expenses	Anticipated future medical costs based on treatment effectiveness, necessity, availability of alternatives, cost projections, and expected duration of treatment.
Future Lost Wages	Compensation reflecting the difference between expected earnings without injury and limited earnings due to injury, considering inability to work or reduced earning capacity.
Pain and Suffering	Non-economic damages covering physical pain, mental, and emotional effects of the accident and injuries, assessed using a multiplier based on severity, treatment, recovery prospects, and impacts.
Comparative Negligence (%)	In New York, recovery reduced by the victim's fault percentage for the accident, following pure comparative negligence.

Steps to Take After Being Involved in an Accident

Injured persons often find themselves out of work and accumulating medical bills. On top of those, they may also be dealing with severe pain and suffering. It can be difficult to feel hopeful in this type of situation but there are ways to get the bills paid and receive compensation for the injuries one received. If you were injured in an accident caused by someone’s negligence, it is possible for you to seek compensation for the other party. This can help you get on your feet again and pay for the economic stress caused by your injury.

The following are the steps you should take if you were involved in an accident in NYC:

Seek Medical Care Right Away - It is important to seek medical attention immediately after you have been involved in an accident. Calling 911 and reporting the accident to the authorities should be done as soon as possible. Seeking medical attention for your injuries can serve as proof that they were serious enough. By doing so, you can also have a paper trail to show when your accident took place and the time you sought treatment for your injury. This helps you avoid any defenses that might claim that your injuries were caused or influenced by another event between the accident date and the time you received treatment.
Call a Lawyer - Consider calling a lawyer immediately after you receive the treatment that you require. You may be able to take photographs at the scene of an accident to document where it happened, the conditions surrounding the situation, and your injuries. While this will prove to be valuable evidence, you may need another person to help you if you are in need of immediate medical care or end up in the hospital.
Do not talk about the case - It is important to share information with your lawyer if you have been injured. However, keep in mind that it is also important to avoid speaking with other people, including companies that might be responsible for the accident or insurance companies. Your lawyer represents your best interests and will do everything in their power to protect you. But other lawyers, insurers, and even the at-fault parties may try to use your words against you. Even comments made to friends and on social media can be damaging. When you meet with the at-fault person, their lawyer, and any insurance company, it is important to have your lawyer there. While these parties may try to offer you settlements far below what you need, it is not always easy to turn down an offer.

At Kucher Law, our team of NYC personal injury lawyers may be able to help you determine or estimate how much your settlement is worth so that you get the maximum amount you deserve. We may be able to help you recover any lost income and other damages. To schedule a free consultation, contact us today.

Compensatory Damages in NYC

Compensatory damages are intended to make the injured person “whole.” They are usually broken into general and special damages. Even if there is no clear monetary value, these damages usually need proof.

General damages

General damages refer to non-monetary losses. They are available in most personal injury cases, but not all. General damages cannot be recovered in New York after a car accident because it is a state with no-fault insurance. It is only possible to recover general damages if the injury is classified as “serious” by the state statute. However, general damages can still be claimed for non-auto accidents like slips and falls, workplace injuries, and many other circumstances.

These general damages may include:

Because these damages do not have monetary value, your personal injury lawyer may be able to help you determine the settlement or compensation you deserve. Computer programs and formulas are often used to calculate the value of claims. They start with the estimated special damages, then add a multiplier based upon factors specific to each case. Insurance companies and defense attorneys tend to underestimate a claim in this area. This means having an experienced advocate can help you get a fair settlement.

Special damages

Economic damages are also known as special damages. They are easier to calculate since they are linked with simpler monetary values.

They may include:

Receipts and bills can be used to prove the economic damages already incurred. Additional evidence will be required to support future damages, such as medical reports detailing future treatment, projected wages, and expert opinions that calculate the financial impact of an accident.

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Factors Affecting Settlement Amounts

Personal injury settlement amounts can vary from one case to another. The most common factor that can affect these amounts include:

Insurance policy limits - There is usually an insurance provider involved in most accident cases. Insurance policy limits usually allow for up to $25,000 for bodily injury. However, if the costs for treating the injuries exceed this amount, the injured party may have to file a lawsuit against the negligent party.
Unnecessary medical costs - Insurance companies won't pay for medical costs unless they are reasonable and necessary. It's important to fully understand the medical procedures the injured party is receiving and to ask the doctor why they believe it is necessary.
Location of the accident - The location of the accident can also influence the settlement amount. Insurance companies often make larger settlement offers if they believe that the juries around that particular location are likely to award higher amounts to accident victims.

An experienced New York City personal injury lawyer may be able to explain all factors that could affect the amount of your personal settlement and help you negotiate for fair and full damages.

Determine Your Settlement Amount with Kucher Law’s Personal Injury Settlement Calculator

If you have been injured in an accident, you have the choice of many personal injury attorneys in New York City. But depending on their experience and skill, the recovery you get from a personal injury claim can vary dramatically. Our personal injury calculator may be able to help you have an idea about how much you should be receiving as compensation for your injuries.

As experienced personal injury attorneys, we understand how overwhelming and devastating it can be to face the rising costs and suffering caused by serious personal injury. We work with skilled experts from different forms of disciplines to help our clients build a strong case for their injury claims or settlement. Each personal injury case requires that the plaintiff prove both liability and damages. Every case is different and has its own costs. Each case must clearly demonstrate the associated costs such as pain and suffering and lost wages. Our experienced trial lawyers will preserve and document all evidence required to prove your case.

You owe it to yourself to hire an attorney who is dedicated to getting you the maximum compensation or settlement you deserve. Many New York personal injury lawyers such as the lawyers at Kucher Law work on a contingency fee basis, so you will not have to worry about fees unless we secure compensation for you.

At Kucher Law, we are confident in our results and have the financial recoveries to prove it. We may also be able to help you seek compensation or get an estimate of the amount you should receive if you’ve suffered from an injury due to medical malpractice, vehicular accidents, e-scooter accidents, and other accidents caused by the negligence of another party. If you have been injured in an accident in New York City, call us at (929) 274-8000 or contact us online to schedule a no-cost consultation.

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