Many factors influence the value of a personal injury claim. Hecht, Kleeger & Damashek, P.C. can explain the types of damages available, including general, special, or punitive damages. We will explain how we calculate the value of these damages and factors that might increase or decrease the value of your claim.
Compensatory Damages
Your claim is worth at least the expenses and losses you incurred. Getting hurt in an accident costs you money in many ways. The liable party can be required to compensate you for those losses. The value of your injury claim might be higher because of non-economic factors too. You might be allowed to ask for compensation for a physical or emotional injury.
Past Economic Damages
We look at the costs and losses you have already dealt with. We gather all of your medical bills and receipts for transportation, prescriptions, medical devices and supplies, at-home care, rehab, and other costs. We look at how much income you have lost being out of work. We will review your pay stubs and tax returns. We might ask your employer for a direct calculation. We also review the cost of repairing or replacing damaged property.
Future Economic Damages
We consider your future expenses and losses. We work with medical and economic experts to accurately calculate how much future medical treatments will cost you. If you sustained a full disability and can’t work, we hire an economic expert to calculate your lost wages over your remaining lifetime. If you have to look for a new lesser-paying job, we will calculate how much less you will earn over your life.
Non-Economic Damages (General Damages)
New York law might entitle you to compensation for your physical and emotional injuries. These include physical pain and suffering, a disfigurement, a physical limitation, emotional distress, lower quality of life, and damage to personal relationships. It’s hard to value these types of injuries. There are no bills or receipts for them. But we have years of experience evaluating the value of general damages in New York.
Punitive Damages (Exemplary Damages)
Punitive damages do not compensate you for physical, emotional, or financial injuries. They punish the wrongdoer. To win punitive damages, you have to prove the other party’s liability and the extreme nature of their conduct. Ordinary negligence is not enough. In New York, punitive damages are awarded if the other party’s actions involved:
- Gross, wanton, or willful fraud,
- Willful or wanton negligence,
- Recklessness,
- Conscious disregard for the rights of others,
- Recklessness as to amount to a disregard for the rights of others,
- Intentionally or recklessly causing severe emotional distress, or
- Malice.
Insurance Policy Limits Impact Compensation
All insurance policies have an amount the insurance company will pay up to on a claim. This limit is stated in the insurance contract. It’s hard to obtain compensation in a personal injury case over the insurance policy limit.
Finding Out the Policy Limit
Another challenge is knowing what the policy limit is. First-party claimants have a right to know the terms of their contract. But third-party claimants have to fight to learn the policy limit. Insurance companies hesitate to tell third parties the limits as a negotiation tactic. We contact the insurance company and demand information on all of the defendant’s policies, including umbrella and excess policies, and their limits.
Minimum Limits for New York Auto Insurance
Personal Injury Protection (PIP)
New York requires vehicles to be covered by PIP insurance of at least $50,000 per person. This is no-fault insurance. It covers:
- Reasonable and necessary medical expenses such as the ambulance, emergency room, doctor’s visits, specialists, diagnostic tests, medical supplies, prescriptions, physical therapy, and dental care;
- Up to 80% of your lost wages up to $2,000 per month for up to three years;
- Up to $25 per day for up to one year for other reasonable and necessary accident-related expenses; and
- $2,000 death benefit in addition to the policy limit.
When you are hurt in a car crash, you use your own PIP insurance. This is a first-party claim. These benefits are all limited by the policy limit. If you carry the minimum $50,000, then you can quickly surpass your coverage.
Liability Insurance
New York requires drivers to carry liability insurance of at least $25,000 per person/$50,000 per accident for bodily injuries and $50,000 per person/$100,000 per accident for fatalities.
When you suffer injuries in a crash someone else caused, you file a third-party claim. You can recover compensation for your injuries up to their policy limits. We will ask the insurance company for information regarding the negligent driver’s policies and limits. This information is important for settlement negotiations.
Businesses’ Policy Limits
During an accident investigation, we look for whether an employer or other business is liable. The benefit of a business’s liability is a higher insurance limit. Most businesses carry liability policies with much higher limits than the average person. This helps us recover more compensation for you.
Talk with a Lawyer About What Your Claim Is Worth
To kick off a personal injury claim, you make a demand for compensation. To do that, you need to know how much your claim is worth. You need an experienced New York personal injury lawyer to calculate the value of your economic and non-economic damages. Your demand might not be accepted, but eventually, you might negotiate a settlement. You need to know the liable party’s insurance limits. Otherwise, you’re negotiating in the dark.
To learn more about what your personal injury claim might be worth and why, call Hecht, Kleeger & Damashek, P.C. at (212) 490-5700 or submit your information through our online form. We offer free case reviews.
CLIENT REVIEWS
09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
5
Harendra Gautam, HKD CLIENT
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
5
patricia Carnevale, HKD CLIENT
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
5
Deniece Buffaloe, HKD CLIENT
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
5
thabossladi87, HKD CLIENT
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
5
Stephanie Campos, HKD CLIENT
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
5
lisa kessler, HKD CLIENT
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
5
Emily Weinstein, HKD CLIENT
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
5
Jason Bauer, HKD CLIENT
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
5
VIRGINIA BOOTHE GORDON, HKD CLIENT
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
5
Richard Leff, HKD CLIENT
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
5
Larry Schatz, HKD CLIENT
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
5
Michael nessim, HKD CLIENT
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
5
Lisa Dawn Angerame, HKD CLIENT
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
5
Emily Halperin, HKD CLIENT
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
5
Didi Hutt, HKD CLIENT
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
5
Alan Levine, HKD CLIENT
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
5
Luljeta Chisolm, HKD CLIENT
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
5
Carter Martin, HKD CLIENT
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
5
Marisol Pitre, HKD CLIENT
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
5
peggy lamarre, HKD CLIENT
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
5
Rene David Alkalay, HKD CLIENT
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
5
Kjanecaron, HKD CLIENT
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
5
Martin Munitz, HKD CLIENT
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
5
Dan Greenberg, HKD CLIENT
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
5
Ben S, HKD CLIENT
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
5
Linda Winikoff, HKD CLIENT
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
5
Peter Visconti, HKD CLIENT
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
5
Robert Dallas, HKD CLIENT
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
5
Jeffrey Jagid, HKD CLIENT
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
5
Kelvin Morel, HKD CLIENT
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
5
David Irwin, HKD CLIENT
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
Peter M., HKD CLIENT
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
5
Michael R., HKD CLIENT
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
5
Ryan G., HKD CLIENT
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
5
Eric G., HKD CLIENT
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
Wendy B., HKD CLIENT
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
5
Steven B., HKD CLIENT
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike W., HKD CLIENT
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
5
Anonymous, HKD CLIENT
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
5
Steven, HKD CLIENT
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
Mike, HKD CLIENT