What Compensation Can an Injured Firefighter or Police Officer Recover Through a Personal Injury Claim?
Firefighters and police officers risk their lives daily to keep the public safe. When these first responders get hurt while on duty, they may face serious physical, emotional, and financial challenges. Traditionally, under the Firefighter’s Rule, first responders in New York were barred from suing for injuries they sustained while doing their jobs, as they were seen to have willingly taken on the risks associated with their job. However, thanks to the Firefighter’s Rule exception, first responders can now bring a personal injury claim when someone’s negligence or wrongful conduct directly causes their injuries. This exception ensures that firefighters and police officers have a way to seek justice and compensation when third parties like drivers, property owners, or contractors create unnecessary dangers that go beyond the usual risks of their work.
Below, we look at the types of compensation an injured firefighter or police officer can recover through a personal injury claim in New York.
1. Economic Damages
Economic damages are the first type of damages a firefighter or police officer can recover in a New York personal injury case. Economic damages encompass all out-of-pocket expenses and financial losses that result from an injury. For firefighters and police officers, these can include;
- Medical expenses, including hospital stay bills and medications
- Lost wages
- Reduced earning capacity
- Rehabilitation, such as the cost of assistive devices
For example, suppose a police officer suffers fractures in a collision due to a negligent driver. In such a case, the officer can recover the cost of treating their injury, lost income, and compensation for other quantifiable losses and expenses from the at-fault driver.
2. Non-Economic Damages
Beyond the easily quantifiable out-of-pocket expenses and losses, first responders in New York can seek compensation for non-quantifiable, subjective damages. Non-economic damages include;
- Pain and suffering
- Diminished quality of life
- Emotional distress
- Permanent disfigurement
3. Punitive Damages
Unlike the above damages, which are meant to compensate personal injury claimants for their financial losses, punitive damages are intended to punish the negligent party. Because of this, these damages are not awarded in all cases. In New York, punitive damages can only be awarded in cases where the defendant’s actions were malicious, grossly negligent, or reckless. For example, punitive damages may be considered if a construction company knowingly used defective material that resulted in a building caving in, leading to a firefighter suffering an injury.
What Can Affect the Value of Your Claim?
Several factors can influence the value of your personal injury claim as a firefighter or police officer, including the following;
- The severity of your injury
- Time missed from work
- The strength of your evidence
- Your attorney’s skills
If you are injured as a firefighter or police officer, you must act fast to protect your rights. Report the incident, seek immediate medical attention, document your injuries, and consult an experienced New York personal injury attorney who understands the Firefighter’s rule exception and how it applies to your case. An attorney can assess your situation, identify all liable parties, and help you pursue the maximum possible compensation.
Contact Us for Legal Help
If you’re a firefighter or police officer injured on duty, contact our skilled Long Island first responder lawyers at Jacobson Law for help fighting for the compensation you deserve for your injuries and damages.