How To Calculate Pain And Suffering Damages In New York

Severe injuries can impact every aspect of your life. Calculation of pain and suffering can make a difference in the value of your damages, getting you the compensation you deserve following an accident. Different methods of calculation can significantly impact the amount of damages recovered.

Two formulas are typically utilized to determine pain and suffering damages: the multiplier method and per diem method. A New York personal injury lawyer can explain how the different methodologies can impact your recovery and assist you in  computing your damages for pain and suffering.

What Are Pain and Suffering Damages?

Damages for pain and suffering are non-economic losses associated with your accident. In other words, these are your non-financial losses. These damages are intended to compensate injury victims for the physical and emotional pain they’ve suffered. Physical pain and mental and emotional distress are typical types of pain and suffering damages.

Factors Affecting Pain and Suffering Damages

In New York, there is no cap on the amount of pain and suffering damages you can recover. Ultimately, the value of your claim and recovery will depend on the facts of your claim. Identifying the circumstances and extent of your losses is crucial. 

Factors affecting pain and suffering include things like:

• Impact on daily life
• Evidence of pain and suffering
• Future pain and suffering
• Amount of economic damages

In a no-fault state like New York, receiving pain and suffering damages after car accidents can be more challenging. Victims must make a claim through their own car insurance, but this does not cover non-economic damages. They would then need to sue the at-fault party if their injuries were serious enough.

Types of Pain and Suffering in New York

Pain and suffering claims cover a wide range of physical, emotional, and mental losses. The severity of these losses is typically connected to the seriousness of the accident or physical injuries caused.

Types of pain and suffering include:

• Chronic pain: Nerve pain, joint pain, headaches, and other enduring physical pain can seriously impact one’s daily life and cause lifelong suffering in certain cases.
• Physical impairment: Handicaps that result from another’s negligence cannot only change the way one interacts with the world but can cause a range of emotions and other challenges.
• Loss of quality of life: The pain and suffering resulting from an injury accident can significantly impact the quality of one’s life, impacting them physically, emotionally, and socially.
• Grief: Loss of a loved one due to another’s negligence is difficult to cope with and can cause a range of complex feelings.
• Post-Traumatic Stress Disorder (PTSD): PTSD is a complex mental health condition that is caused by traumatic events. Symptoms like flashbacks, nightmares, negative thoughts and emotions can persist for months or years.
• Anxiety: Fear, stress, and worry can all result from the mental strain caused by an accident.
• Disfigurement: Severe burns, lacerations, and other physical injuries can leave an injury victim permanently disfigured. This can impact them emotionally, socially, and in other ways.

Identifying the type of pain and suffering losses you’ve suffered and their severity is crucial to recovering just compensation.

Methods of Calculating Pain and Suffering Damages

Two common methods are used to calculate pain and suffering damages: the multiplier method and the per diem method.

• Multiplier Method: The multiplier method uses a formula that involves adding up the economic damages like medical expenses, lost wages, and other costs. This total is then multiplied by a multiplier based on the severity of injury, usually between 1 and 1.5. 
• Per Diem Method: This method assigns a daily dollar amount to the individual’s pain and suffering. This amount is then multiplied by the number of days until the victim’s maximum recovery.

Depending on the formulation used, there could be a significant difference in recovering adequate compensation for pain and suffering.

Can Pain and Suffering Damages Be Part of a Settlement?

Yes. First, it’s vital to understand that settlement can occur at any time, even after you file a lawsuit. An insurance company or the at-fault party may consider your pain and suffering when making an offer for settlement. Moreover, your lawyer will consider these losses when making a demand for compensation or a counter-offer.

How Do I Prove My Claim for Pain and Suffering Damages?

Proving your claim for pain and suffering damages can be one of the most difficult and critical parts of your fight for compensation. Having adequate evidence that your claim exists and the extent to which it has affected your life is essential.

Some ways to prove your damages include:

• Evidence of economic damages
• Medical evidence of injuries
• Testimony from expert witnesses
• Daily diary of symptoms

Working with an injury lawyer can also be vital to proving your pain and suffering claim. A seasoned attorney is knowledgeable about these types of damages and how to present them to the insurance company or at-fault party.

How Can a Personal Injury Lawyer Help?

Understanding how pain and suffering impacts your recovery is crucial to receiving a full and fair settlement or jury award. Working with a personal injury attorney can be beneficial to this process. Your lawyer will manage your claim, determine its value, and advocate on your behalf. 

When you need personal injury protection, working with an experienced lawyer like Gregory Spektor & Associates, P.C. can be crucial. Contact our dedicated team today to learn more and schedule a free consultation.