Are there any limitations to the type of damages that I can receive in a plane crash case?

Yes, there are limitations to the type of damages that one may receive in a plane crash case in the State of New York. Generally, damages can be awarded for lost wages, medical expenses, and pain and suffering, as well as damage to property. But depending on the circumstances of the crash, other damages may be available. In New York, liability in a plane crash case is determined by the state’s laws of negligence. To establish negligence, the plaintiff must prove that the defendant owed a duty of care to the plaintiff, the defendant breached the duty of care, and the breach caused injury to the plaintiff. If the plaintiff can prove these elements, the defendant can be held liable for damages. However, if the defendant can prove that the plaintiff was partially or totally at fault for the crash, then they may be able to reduce the amount of damages they are liable for. This concept is called comparative negligence. Comparative negligence shifts the liability to the plaintiff for their role in the crash, which can limit the damages they receive. Additionally, there are limitations which are set in place by the state and federal governments. These limitations are usually based on the type of damages and the subsets under which they fall. For example, in New York punitive damages are not available for plane crash cases, as well as cases which involve governmental entities. Overall, it is important to consult with an experienced plane accident lawyer in New York to get a better understanding of the damages and limitations that may be applicable to your case.

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Are there any limitations to the type of damages that I can receive in a plane crash case?

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