In personal injury cases, pain and suffering is a type of compensation you can pursue. Pain and suffering is based on the injury you suffered, the way in which the injury impacts your daily life, and the seriousness of the pain involved. Pain and suffering is known as a non-economic damage, or general damage, because it involves intangible losses that are difficult to apply an exact dollar amount to. Economic damages, such as lost wages and medical expenses, are easily quantifiable and much less subjective than non-economic damages.
If you have been injured in an accident through no fault of your own, the New York personal injury lawyers at Finz & Finz P.C. will help you get your life back on track. Our highly skilled and compassionate attorneys know how challenging and stressful it can be to deal with pain and suffering following an accident. We are ready to help make you whole again. Our lawyers work on a contingency fee basis, meaning you will not owe us until you recover compensation. Call 855-TOP-FIRM today for a free initial consultation.
Types of Pain and Suffering
In New York, pain and suffering can be divided into two main categories: physical and mental.
Physical: This pain and suffering involves the bodily pain that you suffer due to your injury. It includes the discomfort you have endured since the injury, as well as any anticipated pain in the future.
Some examples of physical medical conditions that may qualify for pain and suffering compensation include:
- Back injury
- Head trauma
- Traumatic brain injury (TBI)
- Neck injury
- Spinal cord injury
- Broken bones
- Internal organ damage
- Nerve damage
- Soft tissue injuries
Mental: This pain and suffering can also be caused by a personal injury due to the at-fault party’s negligence. This may include mental anguish, emotional distress, fear, anger, insomnia, anxiety, humiliation, shock, and loss of enjoyment of life. It can include disorders such as depression and post-traumatic stress disorder (PTSD). Mental pain and suffering is essentially any type of psychological issue that you go through as a result of the injury.
The New York personal injury attorneys at Finz & Finz P.C. are fierce advocates of maximum compensation for a victim’s pain and suffering. We know how insurance companies appraise pain and suffering, and we know the tactics they use to avoid their duty to cover pain and suffering. We are ready to fight tirelessly for a settlement or verdict that represents the full range of your pain and suffering.
What is Considered a ‘Serious Injury’ in New York?
In New York, you have to show that you sustained a “serious injury” in order to seek pain and suffering damages. Under state law, “serious injury” includes:
- Loss of pregnancy
- Permanent loss of use of a body part
- Permanent limitation of use of a body part
- Significant limitation of use of a body function
- Injury or impairment that keeps you from performing your usual daily activities for no less than 90 days during the 180 days right after the injury or impairment.
If your injury fits these criteria, you might be entitled to financial compensation for pain and suffering. If you are unsure, the experienced New York personal injury lawyers at Finz & Finz P.C. will be able to determine if your claim is eligible for pain and suffering compensation.
Determining The Amount of Compensation For Pain and Suffering
When determining compensation for pain and suffering, the judge or jury will typically consider whether the pain associated with the injury:
- Caused your everyday life to be altered
- Had a negative effect on your relationships with friends and family
- Limited the work you can do at your job
- Is permanent or long-term
How Pain and Suffering Gets Calculated
Pain and suffering is typically calculated using one of the following two methods. It’s worth noting that neither formula is required by law, and other methods for figuring up pain and suffering could be used in some cases.
- Per Diem — In the per diem (Latin for “per day”) method, the number of days required for your recovery is multiplied by a dollar amount. The total comprises your compensation for pain and suffering, which is then tacked on to your economic damages, such as medical bills.
- Multiplier Method — This method, which is more commonly used, is when the insurance company takes your economic damages and multiplies them by a given number. Typically, the more serious the injuries, the greater the multiplier. Someone who suffered a spinal cord injury and paralysis will have lifelong repercussions, which will call for a higher pain and suffering award compared to someone who fractured their leg.
It’s important to remember that New York follows the pure comparative fault system. This means that, unless the case settles, a judge or jury sets the percentages of fault for each party involved. New York law limits the injured party’s recovery by their level of fault. For instance, if a motorist is hurt in an accident but was found to be 75% at fault, they can only recover up to 25% of their compensation.
Contact an Experienced New York Personal Injury Attorney
If you have been injured in an accident in New York that was caused by someone else, it’s critical that you are compensated for your injuries and losses—including non-economic damages such as pain and suffering. The New York personal injury attorneys at Finz & Finz P.C. can make sure that your pain and suffering following life-changing injuries are compensated. We know how to document your pain and suffering and negotiate for the maximum compensation.
Call 855-TOP-FIRM now so you can get the experienced legal representation you need.