Pain and Suffering Damages in Long Island Pedestrian Accidents


How much can you sue for pain and suffering after a pedestrian accident in Long Island? The amount of money you might recover depends on factors such as the severity of your injuries, the extent of insurance coverage, and how clearly the driver was to blame for the accident. Working with an experienced Long Island personal injury lawyer can help you maximize your financial recovery after a serious injury.

How Much Are Damages for Pain and Suffering Worth in Long Island?

“Pain and suffering” is a legal term that accounts for:

  • Physical pain caused by injuries or subsequent medical treatment
  • Emotional distress or trauma from the accident, injuries, or resulting disabilities
  • Loss of quality of life due to prolonged or permanent disabilities or visible scarring/disfigurement interfering with daily tasks or favorite activities

Someone who has experienced pain and suffering from a pedestrian accident has a right to compensation for these losses. How much a given pedestrian accident victim can recover for pain and suffering depends on the specific circumstances of the accident, including:

  • The type and severity of injuries suffered in the accident
  • The duration of the injured pedestrian’s medical recovery
  • Whether the pedestrian has suffered permanent disabilities or scarring/disfigurement
  • Whether the pedestrian’s injuries or disabilities have kept them out of work or prevented them from returning to their job
  • Whether the pedestrian’s disabilities have prevented them from participating in activities they previously enjoyed
  • Whether the pedestrian has developed mental health issues as a result of the accident

How to Calculate Damages for Pain and Suffering

Lawyers and insurance companies often use mathematical formulas to calculate compensation for pain and suffering when negotiating settlements for serious injuries in pedestrian accidents. Two common methods are:

  • The multiplier method, which multiplies the injured pedestrian’s economic losses (medical bills, lost wages, etc) by a factor of 1.5 to five depending on the severity of the pedestrian’s injuries or disabilities
  • The per diem method, which pays the injured pedestrian a set amount of money for each day it takes them to recover

However, juries in pedestrian accident lawsuits cannot use mathematical formulas to determine a pain and suffering award. Instead, juries must use their common sense and collective experience to determine how much money adequately compensates the injured party for their pain and suffering.

Is There a Cap on Pain and Suffering Damages in New York?

Unlike many other states, New York imposes no cap on compensation for pain and suffering in a personal injury lawsuit. The law imposes no limit on the amount of pain and suffering compensation a pedestrian accident victim might negotiate for themselves in a settlement. Juries in pedestrian accident lawsuits can award however much money they feel adequately compensates an injured pedestrian for their pain and suffering.

Contact our Long Island Pedestrian Injury Lawyers for Help

Are you hurting in the aftermath of a pedestrian accident that was not your fault? Contact Finz & Finz, P.C. today for a free, no-obligation consultation with our Long Island pedestrian accident lawyers. We want to help you demand fair compensation for the pain and suffering you’ve endured at no upfront cost to you.