Denlea & Carton


March 18, 2024

8 Most Common Damages Claimed in Personal Injury Lawsuits in New York

Potential Compensation in a Personal Injury Claim

If you are injured in an accident, you may be able to file a claim for damages against a liable party. However, it can be challenging to know what damages you may be entitled to without the help of an attorney. An attorney can help assess the value of your case and determine the best course of action moving forward. 

At Denlea & Carton, LLP, our legal team is well-versed in handling personal injury claims throughout New York. Our lawyers work to get injury victims the largest possible recovery. We maximize damages to ensure our clients receive the compensation they deserve. Were you injured in an accident? Contact our office to schedule a free, no-obligation consultation. 

Understanding Personal Injury Damages

In personal injury cases, damages may vary depending on the individual circumstances of the case. The potential settlement or recovery may be based on several factors, such as the extent of the injuries, the provable losses, and whether liability is disputed. 

Common personal injury cases:

Working with a personal injury attorney can help ensure you receive the most favorable disposition possible in your case. Personal injury cases are subject to a statute of limitations. Failure to take legal action within the statute of limitations may result in your claim for damages being denied. Therefore, it is important to consult with an attorney as early in the process as possible to ensure compliance with all legal deadlines.

Medical Expenses

In most personal injury lawsuits, you will be eligible to receive compensation for medical expenses. The medical expenses must be related to your injuries. If you have a pre-existing injury, you must show that the accident exacerbated your previous condition. It is particularly important to discuss your case with an attorney if you have pre-existing conditions or extensive injuries. The more serious the injuries, the more complex the case may be and the more challenging it may be to secure the compensation you need.

Lost Wages

Another economic loss that you are generally entitled to is your provable lost wages. It is essential to keep detailed records about any time that you had to take off from work because of your injuries. Furthermore, you may be entitled to a loss of future earning capacity if you are unable to return to your position. 

Pain and Suffering

Damages related to your physical pain and emotional suffering may be more difficult to prove than traditional losses. An experienced attorney can help you navigate the process to ensure you receive compensation for all of your accident-related losses. Often, early settlement offers from the insurance company will not include any coverage for pain and suffering.

Property Damage

If any of your property, such as your vehicle or home, was damaged in the accident, you are likely able to recover the cost of repair or replacement. It is imperative to keep detailed records of any out-of-pocket expenses related to property that was damaged by another person.

Disability and Impairment Benefits

In some cases, you may be able to recover disability and impairment benefits. These damages may prove extensive. Prior to accepting a settlement with the insurance company, you need to speak with an attorney. You will want to ensure you are receiving the maximum compensation allowed if you suffered a disability as a result of the accident.

Vocational Rehabilitation Expenses

Many times, such as in claims related to a workplace injury, you may be able to recover vocational rehabilitation expenses. These damages compensate you for any training or costs that you have related to finding employment.

Wrongful Death Damages

If you lost a loved one as a result of another person’s negligence, you may be able to file a wrongful death claim. Wrongful death damages may include compensation for a person’s funeral costs, loss of financial support, medical expenses, and more.

Legal Fees and Costs

Finally, a court may award you legal fees and costs. If you have a successful claim, a liable party may pay these fees under certain circumstances. These fees can range from a few hundred dollars to several thousand. 

How Can An Attorney Help You?

If you are injured in an accident, an attorney can help ensure you receive the compensation you deserve. An attorney will work to protect your rights. Consulting with a lawyer as early in the process as possible can help make sure you do not miss legal deadlines and that your paperwork is properly filled out and filed. 

Denlea & Carton Personal Injury Law

At Denlea & Carton, we know the law. We will work tirelessly to ensure you do not end up settling for less than your case is worth. Our legal team has extensive experience handling nearly every type of personal injury lawsuit. We will work in partnership with you throughout the process. 

We accept cases on a contingency fee basis, meaning there are no fees unless we win. Our lawyers understand that this may be a challenging time for you and your family. We are here to help. We will not give up on you or your case. Injury victims are often pressured into accepting settlement offers that are well below their case value. Do not settle for less. Contact us today to schedule a free, no-obligation consultation.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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