What Auto Accident Damages Can I Recover?

Auto accidents can be life-altering in many ways. On top of serious injuries and emotional trauma, your medical bills and missed work can make it hard to focus on healing. However, if someone else’s negligence caused your crash, you may be able to recover damages that compensate you for these and other losses.

Every case is different, so it’s important to consult an experienced personal injury attorney. At The Tadchiev Law Firm, P.C., we’re dedicated to helping New Yorkers in situations like yours recover every cent of the auto accident damages they’re entitled to after a car accident. Contact us for a free consultation about your case and find out which damages you could potentially recover.

Economic Damages

There are several broad types of damages you may recover in a personal injury claim. Economic damages are the financial losses you can prove with records, receipts, or other documentation.

Medical Bills

Medical expenses are usually the largest part of a car accident claim. You can pursue compensation for hospital stays, doctor visits, surgery, prescriptions, imaging, physical therapy, and future medical needs. In New York, your personal injury protection (PIP) coverage pays for up to $50,000 in reasonable and necessary medical expenses, regardless of fault. However, if your care exceeds your PIP coverage and/or your injuries meet the state’s “serious injury” threshold, you may pursue additional damages from the at-fault driver through a personal injury lawsuit.

Lost Wages

If your injuries keep you from working, you can recover that lost income. Wage loss includes regular pay, overtime, bonuses, and other forms of compensation you would have earned if not for the crash. Your PIP coverage partially reimburses lost wages. When your losses exceed that limit, or your injuries meet the serious injury threshold, you can pursue additional compensation.

Lost or Diminished Earning Capacity

Some lasting injuries limit your ability to earn the same income you once did. You can recover auto accident compensatory damages for future lost income if medical evidence or vocational experts can show that your earning capacity has been permanently affected. This type of compensation makes up for what you would have earned if the crash hadn’t occurred.

Rehabilitation

Physical rehabilitation, occupational therapy, or assistive devices may be necessary to regain function and independence. These costs add up quickly – but they’re reimbursable as part of your economic damages.

Property Damage

If your car or personal belongings were damaged in the accident, you can claim reimbursement for repair or replacement costs. Your insurer may handle part of the claim through your collision or PIP coverage. You may also seek compensation from the at-fault driver for whatever your policy doesn’t cover.

Other Out-of-Pocket Expenses

Even small costs related to the crash can add up. Parking fees for medical visits, rideshares to appointments, household help while you recover, and medical equipment like crutches or braces all fall under out-of-pocket losses. Keep receipts and records to prove your expenses.

Non-Economic Damages

Non-economic damages compensate you for losses that don’t come with a price tag. These damages recognize the personal impact – the disruption and emotional strain that linger long after your physical injuries heal.

Pain and Suffering

“Pain and suffering” refers to physical discomfort and other long-term effects after the accident. In other words, it’s suffering that medical professionals can’t necessarily fix. These damages hinge on the severity of your injuries and the length of your recovery (if you’re fully recovered). Courts and insurers also consider how your pain interferes with your daily life. Courts and insurers may use medical documentation, testimony, and your own statements to determine the value of this part of your claim. 

Emotional Distress

Beyond physical pain, a serious crash can leave lasting emotional scars. Anxiety, depression, sleep issues, and other trauma responses are common after an accident. You can request compensation if it stems directly from the crash or your injuries.

Loss of Quality of Life

If your injuries prevent you from engaging in activities or relationships you once enjoyed, you could recover damages for loss of quality of life. This includes permanent disabilities, chronic pain, and other limitations.

Can I Sue for Punitive Damages in New York?

Punitive damages aren’t designed to compensate you for losses, like the previous two types of damages do. Instead, they punish someone whose conduct was especially reckless or malicious. New York courts rarely award punitive damages in auto accident cases, but they may apply in extreme situations. Your lawyer can review your case to determine whether this type of compensation may apply.

Can I Collect Damages After a Minor Accident?

Even a seemingly minor collision can cause injuries that may not appear for days or weeks. However, your right to file a lawsuit for damages beyond PIP coverage depends in large part on New York’s “serious injury” threshold. This rule requires you to show that your injuries meet one of several qualifying categories.

Qualifying injuries include the following:

• Significant disfigurement
• Bone fracture
• Permanent limitation of the use of a body organ or member
• Significant limitation of the use of a body function or system
• Medically determined injury or impairment preventing you from performing usual daily activities for at least 90 days during the six months after the accident

If your injuries don’t meet this threshold, your claim is limited to no-fault benefits (like medical expenses and partial wage loss) and for economic damages that exceed those benefits.

If you’re wondering, “Can I collect damages after a minor auto accident?” know that even “minor” crashes can result in serious medical problems like whiplash, concussions, or back injuries. That’s why it’s important to get a medical evaluation right away.

Can I Seek Damages If I Was Partially Responsible?

New York follows a pure comparative negligence rule. You can still recover compensation even if you share some responsibility for the accident. However, the total will be reduced by your percentage of fault. As an example, if your damages are $100,000 and you’re determined to be 25 percent at fault, you’ll recover $75,000.

Call Our Queens Car Accident Lawyers for Help with Your Claim

Recovering fair compensation after a car accident requires a deep understanding of how New York’s no-fault and liability systems work. The Tadchiev Law Firm, P.C., represents people in Queens and beyond in all types of car accident claims. Call us today for a free consultation and learn how you can pursue the auto accident damages you deserve under New York law.

About the Author

Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.