If the jury in a Buffalo personal injury lawsuit finds that the injured party is owed damages, it then must make specific decisions regarding the amount of damages and how they will be allocated. For cases not involving medical, dental or podiatric malpractice, the rules regarding what the jury must decide are found at Rule 4111(e) of the New York Civil Practice Law and Rules.
This statute provides that in an action brought to recover damages for personal injury, the court shall instruct the jury that if it finds a verdict awarding damages, it shall in its verdict specify the applicable elements of special and general damages upon which the award is based and the amount assigned to each element including, but not limited to, medical expenses, dental expenses, loss of earnings, impairment of earning ability, and pain and suffering.
Each element shall be further itemized into amounts intended to compensate for damages that have been incurred prior to the verdict (past damages) and amounts intended to compensate for damages to be incurred in the future (future damages). In itemizing amounts intended to compensate for future damages, the jury shall set forth the period of years over which such amounts are intended to provide compensation.
If you have been injured and have any questions regarding your right to compensation, please feel free to call my office at 716-542-5444. We would be happy to help you.
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