In New York, there are many reasons why people sue each other. When an individual is injured as a result of the negligence or carelessness of another, the victim can file for personal damage claims in a court of law. Calculating the actual damages like medical expenses and property values is relatively easier; while calculating the amount of damages to be awarded for pain and suffering, also known as punitive damages is not that easy. Practical methods and formulas are generally used for calculating such emotional damages. The article that continues explains some aspects of the New York pain and suffering laws.
No fault complicates things
New York is a no fault state. This means that an auto accident victim can file to receive compensation for their injuries and medical bills irrespective of whether they were at fault or not. Suing for pain and suffering is harder here, but even then, there are nine categories wherein a victim can file such a suit. Some such instances include death, death of a fetus, some form of permanent disfigurement or the loss of a limb or some form of disability.
Most states place a cap on the maximum amount that can be awarded to a claimant on the grounds of pain and suffering. One major difference that makes the New York pain and suffering laws different from the rest is that no caps are placed as to how much the court can award for such emotional damages. Therefore, a claimant who can prove adequate pain and suffering may walk out of the court millionaire. There have been instances when New York State awarded up to $10 million in settlements for injuries incurred at birth.
Rights can be inherited
The New York state permits the immediate family or relatives of the late victim to file the lawsuit. However, depending on the circumstances of the case, there may be a 12 to 36 month time period within which the lawsuit should be filed.
That was some information about the different aspects that should be kept in mind while suing for pain and suffering. Check out online legal resources for more information on the same or you can also visit your local library and go through their law section. Familiarizing yourself with the various laws that are applicable to lawsuits of pain and suffering will help you understand your case in a better way.Google+