What types of compensation can you claim?

Victims and families of victims have the right to file for appropriate financial compensation and there are several types of damages available.

On Thanksgiving of this year, an unknown number of people were injured and one woman died after a man in Brooklyn hit them and their vehicles. According to the New York Daily News, the man, who was on medication after suffering a psychotic breakdown, caused three separate accidents and then fled before he was finally stopped by law enforcement. The extent of the injuries suffered by victims of the man's behavior were unknown.

Whether people in New York City have been injured or lost a loved one due to the negligence of another person or company, they have the right to seek compensation. This is a financial payment that is designed to restore victims and their families to life as it was before the injury occurred. Therefore, it is important to understand the types of compensation that may be claimed.

Monetary damages

Monetary damages are intended as a reimbursement to victims or family members for the costs incurred by the accident. These costs may include the medical attention provided by first responders, hospitalization, rehabilitation, ongoing treatment, future medical care, lost wages and funeral and burial costs. To make sure that people receive a just amount of compensation, it is important for them to carefully calculate and understand the extent of the injury.

For example, a serious brain injury is often unpredictable and can cause additional problems later on such as stroke or death. A back injury may require the need for surgery years later or generate new health issues.

Pain and suffering

While the pain and suffering of a victim or the victim's family can never truly be represented in money, the law does allow them to seek financial retribution. CNN recently reported that a lawsuit has been filed by the brother and children of Casey Kasem, a nationally-known radio host. The parties are seeking pain and suffering damages of $250,000 from Kasem's widow. They claim that the widow failed to respect his wishes relating to his end of life, and that she physically abused him and neglected him, which led to his early death.

Loss of consortium

The loss of a loved one can have a great emotional, psychological and physical effect on the spouses left behind. The loss of consortium is designed to help the spouses receive compensation for the loss of their significant other. Damages can include the following:

  • Financial assistance
  • Loss of sexual intimacy
  • Loss of companionship
  • Loss of affection
  • Loss of emotional support

Compensation for these damages can help spouses obtain the counseling and support they need to rebuild their life after the sudden loss of their partner.

Punitive

Just as its name implies, punitive damages are designed as a financial punishment against the negligent party. This is often issued in cases involving truck accidents where a trucking company failed to regularly inspect its fleet vehicles or uphold policies that are federally issued. Car manufacturers, companies and even individuals could be ordered to pay punitive damages if the court finds that their actions were willfully neglectful.

When people in New York suffer an injury or the loss of their family member, it may be a good idea for them to sit down with an attorney. The attorney can examine the facts of their case and help them determine the types of compensation they may be entitled to by law.