What Types of Compensation Are Available in New York City Personal Injury Cases?

If you were injured in an accident in New York City, you may be entitled to compensation (damages) for both your financial losses and the human impact of your injuries. New York law allows accident victims to recover three main categories of damages: economic damages, non-economic damages, and punitive damages. In cases of wrongful death, additional damages may be available to surviving family members.

Economic Damages (a/ka Financial Losses)

Economic damages cover your out-of-pocket financial losses caused by an accident. These are often proven with bills, receipts, and employment records.

Examples include:

• Medical Expenses – ER visits, hospital stays, surgeries, prescriptions, rehabilitation, medical equipment, and future care.
• Lost Wages – Paychecks you miss while recovering from your injuries.
• Loss of Earning Capacity – If your injuries prevent you from returning to your prior job or limit your future earning potential.
• Property Damage – Repair or replacement of your vehicle or other personal property.
• Other Out-of-Pocket Costs – Transportation to medical appointments, parking, childcare, home care, or household help during recovery.

I want to emphasize that maintaining detailed records of every expense is crucial to maximizing recovery in your NYC claim.

Non-Economic Damages (a/k/a Quality of Life Losses)

Non-economic damages compensate for intangible harms that affect your daily life and well-being. These are often the most significant part of a New York City personal injury settlement or verdict.

Examples include:

• Pain and Suffering – Physical pain, discomfort, and long-term health effects.
• Emotional Distress – Anxiety, depression, PTSD, or other mental health struggles.
• Loss of Enjoyment of Life – When injuries prevent you from enjoying hobbies, recreation, or family activities in NYC.
• Disfigurement & Disability – Permanent scarring, loss of mobility, or reduced independence.
• Loss of Consortium – Harm to marital or family relationships.

Note: Unlike some states, New York does not cap damages for pain and suffering or other non-economic harms.

Punitive Damages

Punitive damages are not intended to compensate victims, but rather to punish reckless or intentional misconduct and deter similar behavior. These damages are rare in New York City, but may apply when:

• A drunk driver causes a fatal crash in Manhattan.
• A landlord knowingly ignores a dangerous hazard in a Brooklyn apartment building.
• A corporation sells a product it knows is defective and dangerous.

Wrongful Death Damages in NYC

When negligence results in death, surviving family members may bring a wrongful death claim. Recoverable damages include:

• Funeral and burial costs in New York City
• Medical expenses incurred before death
• Loss of financial support
• Loss of parental guidance and care

Necessary: New York law currently does not allow recovery for grief or emotional loss in wrongful death cases. However, a separate “survival claim” may allow compensation for the decedent’s conscious pain and suffering before death.

FAQs: Compensation in New York City Personal Injury Cases

What compensation is available after a car accident in NYC?
You may recover medical bills, lost wages, and property damage under No-Fault insurance, plus pain and suffering if you meet the “serious injury” threshold.

What’s the difference between economic and non-economic damages?
Economic damages reimburse financial losses, while non-economic damages compensate for quality-of-life harms, such as pain, emotional distress, and loss of enjoyment.

Can I get punitive damages in NYC?
Yes, but only in rare cases involving reckless or intentional misconduct, such as drunk driving or gross negligence.

Do New York courts cap compensation?
No. New York does not limit compensatory damages, though punitive damages are reviewed to ensure they are not excessive.

Speak With a New York City Personal Injury Lawyer

At Greenstein & Pittari, LLP, our experienced NYC personal injury attorneys fight to secure the full range of damages you deserve – economic, non-economic, punitive, and wrongful death compensation.

Why Clients Choose Us:

• Local Harlem office & 7 convenient locations across NYC and Nassau County
• No Fee Unless We Win – Our Fee Guarantee
• Bilingual services for NYC’s diverse communities
• Hundreds of 5-star reviews from satisfied clients
• Award-winning trial lawyers recognized by Best Lawyers and Super Lawyers

Call 1-800-VICTIM2 (1-800-842-8462) today for a free consultation. Don’t be a victim twice – let us fight for the justice and compensation you deserve.