Are there any limits on the damages I can recover in a catastrophic injury case?

Yes, there are limits on damages that can be recovered in a catastrophic injury case in New York. Generally, these limits depend on the type of claim you are making. For example, punitive damages are limited to the higher of three times the amount of compensatory damages or $250,000. New York also follows a rule called the "collateral source" rule, which states that if you have already received benefits from a public source, such as Social Security Disability or workers’ compensation, then you cannot recover damages for those benefits in your personal injury case. Furthermore, it is important to note that other damages available in a catastrophic injury case may also be subject to limits. In New York, for example, damages for pain and suffering are capped at $250,000. Similarly, damages for future medical costs are limited to the amount necessary to pay for reasonable and necessary medical expenses. It is important to consult with an experienced catastrophic injury attorney to determine the damages you may be able to recover in your specific case. An attorney can advise you on the types of damages you may be eligible for, as well as any limitations that may apply. Additionally, an attorney can ensure that all applicable damages are included in your case and that you receive the maximum compensation you are entitled to.

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