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Damages You May Be Entitled To After A Buffalo Car AccidentNovember 27, 2013
If you suffer a personal injury in a motor vehicle accident in Western New York, there are many types of damages that you may claim. While you should speak with a personal injury lawyer about specific damages available in your case, here’s a look at the basic types of damages.
Pain and Suffering
Pain and suffering includes both mental and physical distress. Unlike some other types of damages, New York law allows anyone who has suffered a serious injury in a car accident to make a claim for pain and suffering. The amount of damages collected will vary depending on the type of injury, the severity, and the prognosis for future pain.
Under New York’s No Fault Insurance laws, initial medical expenses are paid by your own insurance and are not recoverable in a lawsuit. If the total amount of your medical expenses and lost wages exceeds $50,000, however, you may be able to recover your medical expenses above that amount. You should keep all receipts and proof of payment to support a claim for damages.
Injuries may cause you to miss work or impact your earning capacity. As discussed above, you may be able to seek compensation for lost wages so long as your combined lost wages and medical expenses exceed $50,000. A claim for lost future earnings may also be made if you suffer permanent problems that impact your ability to earn.
Loss of Consortium
An injury may keep you from being able to help with household duties and show physical affection to your spouse. Unlike other types of damages, loss of affection, companionship, and/or consortium can be claimed by the uninjured spouse.
If you have been in a car accident and have any questions, please call us at 716-400-0000.