Oftentimes, the implication of severe injury goes beyond medical expenses. The physical pain and mental trauma of an injury can cause emotional distress. Recovering compensation for the impact physical injuries h02ave on quality of life is crucial for many victims.
Pain and suffering damages account for the long-term effects and mental anguish that accompanies many personal injuries. If you were hurt by another’s negligence, a New York City personal injury lawyer can calculate your potential damages and identify all damages you may be owed for your injury.
Pain and suffering is the physical and emotional pain that results from an injury incident. These damages compensate victims for the chronic pain, physical suffering, and psychological impact of the accident. The direct victim, their spouses, or survivors may claim and recover compensation for these types of losses.
Yes. Loss of consortium can be divided into two claims: economic damages for the loss of support and non-economic damages for the pain and suffering endured from their loved one’s injury. These non-economic damages include the anguish caused by the loss of their spouse, child, or parent’s companionship, love, and care.
On the other hand, loved one’s can claim economic losses endured due to loss of consortium such as loss of financial support or loss of services. This can be things like income or other types of support, like household maintenance and chores.
There are different methods to calculate pain and suffering damages. The most commonly used methods are the per diem method and the multiplier method.
In New York, the multiplier method is the most commonly used approach for calculating these types of damages.
Suing for pain and suffering is important to include in your claim, because it can compensate you for the pain and suffering you endure even after you have reached Maximum Medical Improvement (MMI). The effects of an injury accident on your mental health and your daily physical suffering deserve to be compensated. While physical injuries may heal, the associated physical, mental, and emotional pain can last a lifetime.
It is important to note that New York is a non-fault auto insurance regime, and therefore you must look to your insurance’s Personal Injury Protection (PIP) to pay for economic damages associated with the accident irrespective of fault. The minimum insurance coverage in NY for PIP is $50,000. To the extent that economic damages exceed your insurance coverage or you endure pain and suffering, you may sue the other party by demonstrating that they were negligent and that you sustained a “Serious Injury.” According to New York Insurance Law under Chapter 28, Article 51, Section 5102(d), an injury is serious if the accident results in one of the following:
While some of these occurrences are straightforward from a legal perspective, such as death or loss of a fetus, others are less clear and more complicated, depending on court interpretations and holdings in case law. Determining whether you have passed the serious injury threshold can be very complicated, and, as such it is advisable to retain an experienced personal injury who can help you make this determination.
Evidence of your injuries and the implications of those injuries on your life is critical to determining what you are owed in a pain and suffering lawsuit. Mental pain and suffering can be more difficult to prove as well as showing the extent of your pain. Having expert testimony and complete medical records can be essential for showing the extent of your damages.
Moreover, working with an experienced personal injury lawyer can be essential to identifying all the damages you may recover. A skilled attorney can identify your potential claims, to ensure you receive full and fair compensation.
Besides showing liability on the part of the defendant and the impact of your injury on your life, recovering fair compensation can be an additional challenge. The insurance company may try to minimize your suffering and its impact on your daily activities. If a fair settlement is not reached, it is equally important to effectively present the extent of your pain in court.
Recuperating fair compensation then relies on identifying all claims, gathering evidence of your claims, and persuasively presenting this information to the insurance adjuster and jury. Your attorney can provide invaluable support with these tasks.
Proving pain and suffering can be daunting. The seriousness of physical injuries can be a good starting point to showing the severity of injury and its impact on your life.
Some helpful evidence for proving your pain and suffering include:
Working with an experienced lawyer for pain and suffering claims can be beneficial to your case. These attorneys have resources and connections with experts that can be vital to proving your claims and achieving a favorable outcome.
New York does not cap the amount of pain and suffering damages a jury may award in a personal injury case. The jury can use the per diem method or multiplier method to calculate damages, though they are not required to do so. A jury may also consider the implications of things like future medical procedures, ongoing medical treatment, recovery time, and the severity of the injury to decide an appropriate award.
The seriousness of a personal injury accident usually does not end with physical harm. Enduring pain, anguish, and trauma commonly accompany these injuries. New York law recognizes that victims deserve compensation for this suffering.
At Gregory Spektor & Associates, P.C., our personal injury and wrongful death lawyer can assist you with every aspect of your claim. During your free case evaluation, we will explain your options and the damages you may be owed under the law. Reach out today to learn more.
