- Definition: Pain and suffering is an umbrella term for various injuries, such as disfigurement and loss of enjoyment of life.
- How to get money for pain and suffering: Proving pain and suffering requires evidence, such as medical records and testimonies.
- Legal support: The attorneys at Chopra & Nocerino are skilled at advocating for compensation for pain and suffering.
If you’ve suffered pain and suffering because of another party’s negligence in New York, you may be entitled to pursue compensation. Filing a personal injury claim gives you the opportunity to seek accountability and financial recovery for the physical and emotional hardships caused by their actions or failure to act.
While pain and suffering are common non-economic damages pursued in personal injury cases in New York, these claims can be complex and difficult to prove. At Chopra & Nocerino, our personal injury lawyers are experienced in navigating these intricate claims to help clients obtain the compensation they deserve.
What Is Pain and Suffering in Personal Injury Claims?
Pain and suffering refers to the physical and emotional challenges you experience as a result of someone else’s actions or inactions. Pain and suffering encompass various types of injuries, including:
- Disfigurement
- Pain from the accident
- Pain during recovery
- Ongoing pain
- Anxiety
- Depression
- Post-Traumatic Stress Disorder (PTSD)
- Loss of enjoyment of life
In personal injury lawsuits, compensatory damages are split into economic and non-economic categories. Pain and suffering, a non-economic damage, includes both physical and mental suffering. Physical pain is ongoing discomfort from injuries, like chronic pain or limited mobility. Mental pain includes emotional distress, anxiety, depression, PTSD, and loss of enjoyment of life. Unlike economic damages, which cover costs like medical bills, pain and suffering does not have a clear monetary value but is a significant part of compensation in injury cases.
Pain and suffering are common non-economic damages sought in cases such as car accidents, motorcycle accidents, slip and fall accidents, and more.
How Are Pain and Suffering Damages Calculated in New York?
The purpose of non-economic damages is to compensate an injured person for the negative impacts those injuries have had on their life, not just for related financial losses. When assessing non-economic damages, attorneys and insurance companies often look at the severity of the injuries and their effect on the person’s quality of life, both now and in the future.
One common way attorneys estimate non-economic damages is the multiplier method. In this approach, a value—typically between 1.5 and 5—is applied based on the short-term and long-term impact of the injuries. The more severe the suffering, the higher the multiplier. That number is then multiplied by the total economic damages to help approximate the value of non-economic damages.
For example, if your economic damages equal $100,000 and the multiplier is 3, the non-economic damages could be estimated at $300,000, resulting in total damages of $400,000.
The purpose of non-economic damages is to compensate an injured person for the negative impacts those injuries have had on their life, not just for related financial losses. When assessing non-economic damages, attorneys and insurance companies often look at the severity of the injuries and their effect on the person’s quality of life, both now and in the future.
One common way attorneys estimate non-economic damages is the multiplier method. In this approach, a value—typically between 1.5 and 5—is applied based on the short-term and long-term impact of the injuries. The more severe the suffering, the higher the multiplier. That number is then multiplied by the total economic damages to help approximate the value of non-economic damages.
Will New York’s Serious Injury Threshold Affect My Ability To Sue for Pain and Suffering?
Whether you can file a personal injury lawsuit after a vehicle accident hinges on New York’s serious injury threshold. You may file a lawsuit if your basic economic losses exceed $50,000 or if you have sustained a “serious injury” as defined by New York law. Serious injuries under New York law include:
- Death
- Dismemberment
- Fracture
- Loss of a fetus
- Permanent loss of an organ, limb, function, or system
- Permanent limitation in an organ or limb
- Significant limitation of body function or system use
- A non-permanent injury that prevents you from performing regular activities for at least 90 of the 180 days immediately following the accident
If you did not sustain a serious injury, as defined by New York law, and your basic economic losses are less than $50,000, you cannot file a personal injury lawsuit against the party at fault. Instead, you will be limited to receiving compensation through PIP insurance, which covers expenses like medical bills and lost income. However, it does not cover pain and suffering.
It’s important to note that New York’s serious injury threshold does not apply to motorcycle accidents. If you were hurt in a motorcycle accident, you can sue the at-fault driver without filing a PIP claim first.
If you’re not sure if the serious injury threshold applies to your case, the experienced New York car accident lawyers at Chopra & Nocerino can answer your questions.
How To Prove Pain and Suffering in New York Courts
When it comes to proving pain and suffering, it’s important to understand that simply expressing your feelings isn’t enough. It requires evidence, which can include:
- Medical records
- Doctor’s notes
- Psychiatric evaluations
- Personal journal entries detailing your experiences
- Testimony from friends and family
- Video and photos of the injury’s impact on daily life
The skilled personal injury attorneys at Chopra & Nocerino in New York can assist you in navigating this challenging process and ensure your evidence is presented effectively.
Statute of Limitations for Pain and Suffering Claims in New York
New York’s statute of limitations for personal injury claims, including those for pain and suffering, is generally three years from the date of the accident to file a lawsuit. However, there are some exceptions to this rule. Lawsuits against government agencies or entities in New York have stricter deadlines and require additional steps to be completed before filing the actual lawsuit.
It is important to file your lawsuit on time. If you miss the deadline, you will lose your right to seek compensation in court. Your ability to negotiate a settlement outside of court will also be eliminated because you will no longer have the option to sue as a backup.
Don’t let deadlines stop you from pursuing the compensation you deserve for your pain and suffering. Contact us today for a free, no-obligation consultation with one of our experienced personal injury attorneys.
How Our Personal Injury Lawyers Can Help With Pain and Suffering Cases
At Chopra & Nocerino, we take our responsibility to our clients seriously. Our attorneys are passionate advocates who treat every client with care, providing the personalized attention your case deserves and fighting for you at every stage. When you work with us, you can expect:
- Thorough Investigation and Evidence Gathering: We carefully investigate your case, which may include speaking with witnesses, obtaining medical records and accident reports, reviewing surveillance footage, and consulting with experts.
- Skilled Settlement Negotiations and Trial Representation: Our attorneys handle all communication and negotiations with the insurance company. If a fair settlement cannot be reached, we are fully prepared to take your case to trial.
- A Multilingual Team: Recognizing that English is not everyone’s first language, we proudly offer services in more than eight languages, including Spanish, Mandarin Chinese, Italian, and French.
- Personalized Support Beyond the Case: We understand that injuries affect more than just your legal claim. When needed, we can help with scheduling doctor appointments, coordinating surgery dates, and assisting with other personal challenges.
Our experienced New York personal injury lawyers are dedicated to fighting for every penny you deserve, and we will not back down against even the toughest defendants. As a leading personal injury law firm in New York, we have a proven track record of securing life-changing verdicts and settlements for our clients.
Contact us online or call (855) NYC-HURT for your free, no-obligation consultation.
