MANHATTAN BRAIN INJURY ATTORNEY

In many cases, you might suffer a severe brain injury that is at least partially your responsibility. If you were in a car accident and were speeding, some legal responsibility could be attributed to you, even if you were t-boned by another driver who was drunk and ran a red light. When this happens, many people are left wondering if they are no longer able to collect monetary compensation through a personal injury claim. Fortunately, you are still able to recover compensation in New York even if you are partially at fault.

New York is governed by pure comparative negligence, meaning whatever percentage you are deemed to be at fault will be reduced from any monetary award you receive through trial. For example, if it was determined that you were 20 percent responsible for the car accident and you were awarded $100,000 in damages, you would take home 80 percent of that award, or $80,000.

When a victim is successful in a personal injury or medical malpractice claim, they will be awarded certain monetary damages. The most common types of damages are economic and non-economic damages. Economic damages are those that can be quantified into monetary terms easily, such as medical expenses and lost wages. Non-economic damages are those that are harder to quantify, such as pain and suffering and emotional distress. The purpose of these damages is to reimburse the victim and attempt to make them whole again, as they were before the accident.

Punitive damages, on the other hand, are not awarded based on the need to compensate the victim. They are awarded to punish and deter the defendant and others from behaving in similar behavior in the future. Punitive damages are quite rare, as they are only granted if the defendant engaged in particularly egregious and reckless behavior. Their behavior must qualify as willful and wanton in order for punitive damages to be granted.

For example, in a car accident case, you could be awarded punitive damages if you can prove that the other driver intentionally caused the crash. Additionally, if the other driver was under the influence and the injuries you suffered were severe, punitive damages may be awarded in this case as well due to the deliberate and conscious negligence and indifference that the defendant demonstrated by driving under the influence. 

Brain injuries should always be taken seriously, as they can have long-lasting effects. While your first thought after an accident probably isn’t about lawsuits, it’s important to know your rights and realize that you might be entitled to monetary compensation. If you find yourself in this position, Morgan & Morgan is always here to help. We have been handling brain injury cases for decades, and we will do whatever we can to make sure justice is served. When you hire us, you’re hiring a firm that cares about your case as much as you do. Contact Morgan & Morgan today for a free consultation.