Personal injuries can cause significant damage to an individual’s physical and emotional health, as well as their financial well-being. If you experienced a personal injury due to someone else’s negligence, you may have the right to seek compensation. However, the compensation calculation process can be complex and confusing. This blog will provide you with insights into how New York courts determine compensation in personal injury cases, and who pays for it.

To start, it is important to note that the compensation amount is determined by the severity and the impact of the injury on your life, including lost wages, medical bills, and pain and suffering. Typically, the higher the monetary losses and the greater the impact of the injury on your life, the higher the compensation awarded will be.

When calculating compensation, several factors are taken into account. These include the severity of the injury, the length of recovery time, and the degree to which the injury impacts the victim’s life. Other factors may include loss of income or future earning potential, medical expenses, and emotional trauma.

The court may also consider fault when determining compensation. In New York, a pure comparative negligence rule is applied, which means that compensation is reduced based on the percentage the victim’s actions contributed to the injury. For example, if the victim is found to be 30% at fault, they will receive only 70% of the total possible compensation amount.

Regarding who pays compensation to the victim, it is usually the party that caused the injury. In most cases, this will be the defendant’s insurance company. However, if the defendant is uninsured or underinsured, the victim’s own insurance company may be required to pay them compensation.

At Law Offices of John E. Gray, we are dedicated to helping our clients navigate the complex world of personal injury cases and securing the compensation they deserve. Our experienced attorneys work tirelessly to ensure that our clients receive the maximum compensation possible, taking into account all of the factors that will influence the court's decision.

If you have been injured due to someone else’s negligence, you may need to seek compensation to cover your losses. Understanding the compensation calculation process can help you prepare for the legal process and ensure you receive a fair settlement. Choosing the right attorney to represent you can make a significant difference in the amount of compensation you receive. To learn more about how we can help you with your personal injury case, contact Law Offices of John E. Gray today. We'll be happy to answer all your questions and guide you through every step of the process.