Life can turn upside down in the seconds it takes for another driver to glance at a phone or roll through a stop sign. In the days that follow a crash, medical bills arrive faster than test results, and time away from work starts to chip at household finances. The good news is that New York law lets you seek compensation for the full scope of your losses. Understanding what counts as “recoverable damage” is the first step toward replacing what the accident took from you—and, in many cases, toward feeling whole again.
Medical expenses now and later
Ambulance rides, emergency care, surgery, hospital stays, prescription medications, physical therapy, mobility aids, and even home modifications such as ramps and shower bars are all compensable. Future care is recoverable, too, if doctors can reasonably predict ongoing treatments or surgeries.
Lost wages and income
Time away from work is usually unavoidable after a significant crash. You have a right to claim the paychecks you missed, vacation or sick days you were forced to spend, and any bonuses or commissions you could not earn while recovering.
Reduced earning capacity
Some injuries make it impossible to return to the same line of work. When that happens, courts look at vocational testimony, work history, and wage data to calculate the difference between what you once earned and what you can realistically earn going forward.
Property damage
Repair or replacement of your vehicle is only the beginning. Electronics, child car seats, and personal items damaged in the collision all belong in your economic-damage tally.
Financial spreadsheets tell only part of the story. New York lets seriously injured crash victims pursue damages for intangible harm:
While money cannot erase pain, it can provide access to counseling, adaptive recreation, and a sense of justice that helps many clients move forward.
Punitive damages are not designed to compensate you; they are meant to punish conduct that is reckless or malicious—for example, a drunk driver traveling at twice the speed limit on the Long Island Expressway. Although awarded infrequently, they send a strong message that public safety is a priority.
New York is a no-fault insurance state. Your own Personal Injury Protection (PIP) policy pays for medical bills and a portion of lost wages up to its limits, no matter who caused the crash. However, PIP does not cover pain and suffering or major economic losses that exceed policy caps. To step outside the no-fault system and bring a lawsuit for full damages, you must meet the “serious injury” threshold set out in Insurance Law § 5102—fractures, significant disfigurement, permanent limitation of a body function, or any impairment that keeps you from daily activities for at least 90 days of the first 180 days after the accident. Proving that threshold unlocks the categories of damages discussed above.
Insurance carriers scrutinize every claim, so documentation is critical:
Collecting and organizing this evidence quickly preserves details that fade over time and strengthens negotiations with insurers.
Insurance adjusters handle claims every day; most crash victims do not. A car accident attorney who focuses on Long Island personal-injury law brings several advantages:
For more than three decades, Palermo Law has helped Long Islanders rebuild their lives after serious auto collisions. We understand the toll a crash takes on your health, your finances, and your peace of mind, and we fight tirelessly to secure every dollar you deserve. If you or a loved one has been injured, call us today for a free consultation. Let us handle the legal heavy lifting while you focus on recovery.