Serious Injury & Wrongful Death Law in New York City

Pain and suffering is a type of non-economic damages: compensation for physical pain, emotional distress and loss of enjoyment of life. Insurance adjusters often use rough formulas, like multiplying your medical bills, but in a New York lawsuit, the jury decides the amount, with no fixed formula. New York generally doesn’t cap pain and suffering, … Read more

Emotional distress is one of the hardest injuries to prove, because there’s no X-ray or scan that shows it. In most New York injury cases, emotional distress is part of the pain and suffering that comes with a physical injury. Standalone emotional distress claims are much harder. Intensity, duration, related physical symptoms and treatment records … Read more

Loss of consortium is a claim for the harm a person suffers when their spouse is seriously injured, including the loss of companionship, affection, help around the house and intimacy. In New York, only a spouse who was married to the injured person at the time of the injury can bring the claim. Unmarried partners, … Read more

In New York, a child can’t bring an injury claim on their own. A parent or guardian brings it on the child’s behalf. Any settlement of a child’s injury claim must be approved by a court, and the money is usually held for the child until age 18. New York extends the filing deadline for … Read more

Punitive damages punish especially reckless or malicious conduct. They’re awarded on top of compensatory damages, and they’re rare in New York. New York public policy generally doesn’t allow insurance to cover punitive damages, so the wrongdoer usually has to pay them personally. Employers and government entities are usually shielded from punitive damages, which shapes who … Read more

A traumatic brain injury (TBI) can come from a fall, a car crash or any hard blow to the head, and its effects can be permanent. Some brain injuries aren’t obvious at first. Symptoms like headaches, vomiting, confusion and fatigue can show up days or even weeks later. Getting evaluated quickly matters for both your … Read more