Out-of-pocket expenses are any costs related to your personal injury that do not fall into the categories of reimbursed medical costs or lost income. For example, necessary surgery after an accident is a medical expense, but the cost of hiring someone to watch your children while you are in the hospital is an out-of-pocket expense.
In New York, you have the right to seek compensation for your accident-related losses, including out-of-pocket costs. The personal injury lawyers at Oresky & Associates, PLLC will help you seek compensation for all damages related to your personal injury.
What Damages Can I Recover After an Accident in New York?
There are two main types of damages you can pursue: non-economic and economic.
Non-economic damages are the physical and emotional distress your personal injury has caused, including:
- Past and future pain and suffering
- Emotional trauma
- Disability
- Reduced quality of life
Economic damages are financial losses connected to the accident. Your out-of-pocket expenses fall under economic damages. Other economic losses include:
- Medical care
- Property damage
- Loss of income
- Loss of union benefits
Most personal injury victims ask for a combination of economic and non-economic damages that reflect both past and future pain and suffering.
Out-of-Pocket Expenses: An Explanation and Examples
Out-of-pocket expenses in personal injury often include:
- Transportation costs if you cannot drive due to your injuries
- Childcare or petcare
- Assistance with daily needs
- Delivery charges if you cannot leave home due to your injuries
- Over-the-counter medication
- Travel expenses for out-of-town medical appointments
- Housekeeping
- Adaptations to your home to accommodate your disabilities
- Durable medical goods such as walkers, braces, or wheelchairs
You can recover these and similar damages after an accident that results in bodily injuries. Examples of situations that our personal injury attorneys will assist you with include:
- A car accident requires you to seek medical treatment from a specialist who is far away from your home, and you can’t drive yourself but must rely on a for-hire vehicle.
- A construction accident leaves you unable to pick up your children from school or walk your dog, requiring you to hire someone to help.
- You are injured on someone else’s property and must stay in bed, forcing you to hire others to deliver your meals and clean your home.
- A medical malpractice incident causes physical pain, so you buy over-the-counter medication to help you cope with the symptoms.
An important fact to remember when seeking compensation for out-of-pocket costs is that the cost must be directly related to the accident. For example, if you regularly hire someone to shovel your sidewalk, you cannot seek reimbursement for that expense because you were already using that service before your injury.
If, however, you previously did the shoveling yourself and are now physically unable to do so, then the cost of hiring someone to perform that task in your place becomes compensable.
Does Insurance Cover Out-of-Pocket Expenses?
That depends on what kind of insurance you have and what percentage of liability, if any, you bear for the accident. For example:
- According to the New York State Department of Financial Services (DFS), your no-fault car insurance will cover certain reasonable and necessary expenses to help you recover from a traffic accident. Also called Personal Injury Protection (PIP) coverage, this no-fault policy will reimburse you regardless of who caused the crash.
- Under CPLR 1411, the amount you can recover from the at-fault party’s insurance depends on your own share of liability. The bigger your role in causing the accident, the less you can recover in damages, including out-of-pocket costs.
Out-of-Pocket Expenses & Your Deductible
When you purchase insurance, you typically agree that the policy will not start to cover your expenses until you have spent a certain amount of money. This amount is called a deductible. Your out-of-pocket expenses contribute to the deductible, as do your medical and other expenses. Once the combined total of all your expenses exceeds the deductible, your insurance starts to pay for your costs.
Out-of-Pocket Expenses in a Personal Injury Lawsuit
If you decide to file a lawsuit against the at-fault party, you have the right to seek compensation for all losses related to the accident, including expenses that are not covered by your own insurer (e.g., your deductible).
Many insurance companies resist paying a just settlement in cases like yours. By hiring our New York law firm to manage your case, you can be confident that we will fight to compel the insurers to pay an amount that accounts for your out-of-pocket costs, your pain and suffering, and everything else this accident has taken from you and your family.
How Are Out-of-Pocket Expenses Calculated in NYC?
You can pursue compensation for past expenses and projected future expenses. For out-of-pocket expenses you have already paid, our law firm can look at bills and receipts that show how much you spent. We might also seek testimony from people close to you who can confirm that you did not require these goods and services before the accident. For future expenses, we consult with experts like doctors, who can confirm the long-term necessity of the expense.
What Is the Out-of-Pocket Expenses Maximum?
There is no official maximum amount that you can seek for out-of-pocket costs or any other economic damage. The maximum out-of-pocket expense you can get compensation for depends on:
- Your insurance limits
- The liable party’s insurance limits
- The cost of your out-of-pocket expenses
- How long you will have to pay the out-of-pocket expenses
- If you are partly liable for the accident
The insurance company will try to minimize what they pay you, so do not assume that their initial offer reflects the maximum amount you can recover. Our accident injury lawyers will fight for what you deserve.
How Can I Get Just Compensation for Out-of-Pocket Expenses?
You can protect your rights by allowing Oresky & Associates, PLLC to negotiate with the insurance companies on your behalf. We are willing to file a claim with your insurer, file a claim or lawsuit with the liable party’s insurer, or both, depending on your circumstances.
Seek Just Compensation for a Personal Injury
If you face out-of-pocket expenses, pain and suffering, and other losses because of another person’s negligence, contact our firm today. Our NY accident attorneys know how to deal with insurance companies and protect the rights of personal injury clients who rely on recovering compensation to pay bills and get the care and services they need because of their injuries.
Call (929) 560-0687 to begin with a confidential consultation. Oresky & Associates, PLLC has been assisting injured New Yorkers, regardless of their legal status, for over 30 years. Now, let us apply our honest, client-centric approach to your case.
