If you find that the plaintiff is entitled to recover from the defendant, you must render a verdict in a sum of money which will justly and fairly compensate the plaintiff for all loss resulting from the injuries (he, she) sustained. New York Pattern Jury Instructions - Civil, Volume 1A, Third Edition, Unified Court System, 1997, published by West Group.

            The potential damage award is one of the most critical factors in determining case acceptability. Before accepting a plaintiff's case, estimate the client's potential recovery. This requires a complete analysis of the damages sustained, i.e., each element of potential recovery. But, first and foremost, you must determine if the case even qualifies for civil action under New York State Ins. L. Article 51 (the "No-fault" laws). "Serious injury" Requirement of No-fault Law Before estimating the amount of recovery, first determine if the client is entitled to any recovery at all. New York's No-fault law [Insurance Law, Art. 51], restricts the availability of civil damages in auto cases, and consequently limits the exposure of auto accident insurers. Under the No-fault system, to recover any civil damages for "non-economic loss" (e.g., pain and suffering) an auto accident victim must have sustained a "serious injury" as defined by statute. See Ins. L. §§5102(c) and (d), 5104, and see §5:50 et seq. for more on definitions of "serious injuries". If an injury fails to meet the serious injury threshold for civil damages, the injured party's recourse is an insurance claim subject to statutory recovery limits

Exception for Motorcycles

Note, however, that when an injured party sues a non-covered party, proof of a serious injury is not required. Ins. L. 5104(b). For example, when a passenger on a motorcycle is injured, he need not suffer a "serious injury" to maintain an action, as motorcycles arc not covered by No-fault, therefore the No-fault laws do not affect the personal injury claim of the passenger against the "non-covered person."

Economic Loss

      Plaintiff is entitled to compensation for:

• Generally, all expenses and losses actually incurred up to the date of the verdict that are not collaterally reimbursed. See CPLR 4545 for further clarification.

• Losses that, plaintiff reasonably can be expected to incur in the future as a direct result of the occurrence. See Personal Injury Actions, Defenses and Damages §3.03 (1) Matthew Bender. Past damages include past:

• Ambulance fees

• Emergency room fees

• Hospital costs and expenses

• Physician's fees

• Other medical costs such as nursing and therapy

• Prescription and non-prescription drugs

• Prosthetic devices, canes, walkers, etc. • Lost earnings • Reasonable transportation to medical care

• Household help

• Hospital costs and expenses

• Physician's fees

• Medical costs such as nursing and therapy

• Prescription and non-prescription drugs

• Prosthetic devices, canes, walkers, etc.

• Reasonable transportation to medical care

• Household help

• Loss or diminution of earning capacity