When you experience an injury due to someone else’s negligence, the physical hurt and emotional distress can impact every aspect of your life. Pain and suffering represents a significant component of personal injury claims, encompassing both the physical and psychological effects of an injury.
If you need guidance with your claim, a personal injury lawyer in New York can help evaluate your case. In this guide, Pyrros, Serres & Rupwani will explain pain and suffering and how it factors into personal injury claims.
What Are Pain and Suffering Damages?
The average cost of a three-day stay at the hospital is $30,000. Something like a broken leg typically costs $7,500 to treatment. When you’re injured in a car wreck, workplace accident, or something similar, you can seek compensation for these clearly defined economic losses, but what about the emotional trauma that you experience from the accident?
Pain and suffering damages compensate you for the physical discomfort and emotional trauma stemming from the injury, including ongoing physical agony, mental anguish, and reduced quality of life. These non-economic losses acknowledge that injuries cause harm beyond just medical bills and lost wages.
How Pain and Suffering Differs From Economic Damages
While economic damages include specific financial losses like medical expenses and lost income, pain and suffering addresses intangible impacts. The throbbing pain, distress, and mental torture of recovering from a serious injury can persist long after the initial incident. These non-economic damages aim to compensate you for diminished enjoyment of life, psychological trauma, and relationship difficulties caused by your injuries.
When Can You Seek Pain and Suffering Compensation?
You may pursue pain and suffering compensation when another party’s negligent actions caused your injury and ongoing suffering. Your injuries must be significant enough to impact your quality of life and daily activities. Documentation from medical professionals can help establish the extent of your physical and emotional distress.
Courts look for clear evidence linking the negligent party’s actions to your pain and suffering. Learn more about personal injury claim questions that relate to your case.
Common personal injury accidents involving pain and suffering include the following:
- Car accidents
- Slip-and-fall incidents
- Medical malpractice
- Construction accidents
- Product liability cases
- Workplace injuries
- Dog bites
Car accidents injure millions of people each year, as do fall incidents. Personal injury claims are incredibly common and can cause financial losses and traumatic, life-altering effects. Pain and suffering compensation allows victims to recoup comprehensive settlement awards for everything they experienced relating to the incident.
How Is Pain and Suffering Calculated?
Insurance companies and courts use various methods to calculate pain and suffering compensation. The severity of your injuries and length of recovery time significantly influence the compensation amount. They evaluate how the injury affects your ability to perform daily activities, examining medical records that document your physical limitations and ongoing treatment needs.
Witness statements from family, friends, and coworkers help establish changes in your lifestyle and capabilities. Your age, overall health status, and pre-existing conditions also determine appropriate compensation. Your lawyer may seek further support by leveraging medical testimony, which provide further evidence of your long-term prognosis and potential future complications.
The calculation for determining pain and suffering damages often involves the following methods:
- The multiplier method, which involves multiplying your total economic damages by 1.5 to 5
- The per diem method, which involves assigning a daily economic number to your pain and suffering
- Precedents from similar cases
- Documentation of physical discomfort and emotional distress
- Professional testimony on long-term impacts
Why Seek Compensation for Pain and Suffering?
Filing a claim for pain and suffering damages helps address the full scope of your injury’s impact. Whether you’ve been out of work for months or are still reliving that day repeatedly, you likely will not feel fully recovered just from compensation covering economic damages.
The benefits of seeking pain and suffering compensation include the following:
- Recognition of emotional trauma
- Coverage for mental health treatment
- Compensation for reduced quality of life
- Acknowledgment of relationship strain
- Support for long-term recovery needs
- Resources for ongoing care
How To Seek Pain and Suffering Compensation
Understanding the proper steps you should take helps strengthen your claim for fair compensation. Gathering thorough evidence and documentation early in the process creates a solid foundation for your case. Many people underestimate the importance of detailed record keeping in proving pain and suffering.
We recommend the following steps:
- Document everything: Keep records of medical visits, treatments, and how injuries affect your daily life. Take photos of visible injuries and maintain a pain journal.
- Gather evidence: Collect witness statements, professional opinions, and documentation showing how injuries impact your work and relationships. Medical records should detail your physical and emotional symptoms.
- Follow treatment plans: Attend all medical appointments and follow prescribed treatments. This demonstrates the legitimacy of your ongoing pain and suffering.
- Work with medical professionals: Partner with healthcare providers who understand personal injury cases. They can provide detailed documentation of your injuries and professional opinions about long-term impacts.
- Calculate full damages: Consider all aspects of your pain and suffering, including physical pain, emotional distress, and loss of enjoyment. Include both past and anticipated future damages in your calculations.
- File within deadlines: Submit your claim within New York’s statute of limitations. Missing deadlines can prevent you from seeking the compensation you deserve.
How a Personal Injury Lawyer in New York Can Help You Seek Maximum Compensation for Your Pain and Suffering
An experienced attorney understands how to document and prove non-economic damages. They can gather compelling evidence of your physical and emotional distress, work with medical professionals, and build a strong case for fair compensation. A lawyer handles negotiations with insurance companies while you focus on recovery.
Trust Pyrros, Serres & Rupwani With Your Recovery
Pain and suffering can impact every aspect of life after an injury. We understand the challenges you face and have helped many clients with common types of personal injury cases in New York.
Our attorneys at Pyrros, Serres & Rupwani advocate for fair compensation for clients throughout New York. Call us at (718) 626-7730 to discuss your pain and suffering case.
FAQs
Navigating a personal injury claim involves many questions about pain and suffering compensation. Here are answers to some frequently asked questions to help you understand the process better.
How Long Do I Have To File a Pain and Suffering Claim?
In New York, you typically have three years from the date of your injury to file your personal injury claim. This statute of limitations is the same for many personal injury cases, though certain circumstances, such as medical malpractice or claims against government entities, may have different deadlines.
What Evidence Supports a Pain and Suffering Claim?
Medical records, mental health evaluations, personal journals, and testimony from family members help document your physical and emotional distress. Photos of injuries, documentation of missed work or activities, and professional testimonies can further strengthen your claim by demonstrating the impact on your daily life.
Can I Claim Pain and Suffering Without Physical Injuries?
In some cases, you may claim emotional distress damages, though having documented physical injuries strengthens your claim. Courts often require evidence of significant emotional trauma and its effects on your mental health, relationships, and quality of life.
What Factors Affect Pain and Suffering Compensation?
The severity of injuries, length of recovery, impact on daily life, and documentation of ongoing pain and suffering influence potential compensation amounts. Insurance companies and courts also consider factors like your age, occupation, lifestyle before the injury, and the circumstances of the accident when calculating pain and suffering damages.
