Pain & Suffering in New York Personal Injury Lawsuits | Hecht, Kleeger & Damashek, P.C.

There are virtually endless types of accidents that have the potential to cause physical and emotional trauma that can affect your life for years to come. Fortunately, several legal remedies may be available for you when dealing with damages like pain and suffering.

With help from a personal injury lawyer at Hecht, Kleeger & Damashek, P.C., you can get the most out of your claim. With our firm advocating for your rights, you can focus on healing and rebuilding your life while we work on ensuring you are compensated fairly for your pain and suffering damages.

What is Pain and Suffering?

Pain and suffering can encompass a variety of damages. When pursuing a personal injury lawsuit, you have the right to compensation for economic and non-economic damages. Economic damages describe your monetary losses, whereas non-economic damages describe how your injuries have affected your life.

Pain and suffering is considered a non-economic loss, as these damages are often subjective. Every person’s life can be impacted differently by pain and suffering. Examples of losses that could be considered pain and suffering include:

  • Loss of enjoyment of life
  • Loss of consortium
  • Chronic pain
  • Emotional distress
  • Physical suffering
  • Psychological trauma
  • Fear and anticipation
  • Embarrassment and humiliation
  • Indignity and shame

When your quality of life has been diminished, meaning you can no longer participate in activities you previously loved, you may be entitled to compensation for this loss in the category of pain and suffering damages. Similarly, you also have the right to compensation for your inability to continue engaging in intimate and personal relationships, a loss commonly referred to as the loss of consortium.

What can Cause Pain and Suffering?

There are several activities and accidents that can cause pain and suffering damages. Virtually any type of accident has the potential to cause these losses. However, there are certain types of accidents we see causing pain and suffering damages more often than others.
These accidents include:

New York’s No-Fault System and Pain & Suffering

New York follows a no-fault system for insurance purposes after an accident. When you are involved in an accident, you may need to file a claim with your insurer to cover your costs. However, that does not mean that you do not have grounds to file a third-party liability claim against the person or a party responsible for causing your injuries.

Under New York law, if you can prove that you have suffered an injury considered “serious,” you may have the right to compensation through a third-party liability claim. Examples of injuries that may be regarded as severe under New York law include:

  • Disfigurement
  • Dismemberment
  • Loss of a fetus
  • Fractured bones
  • Permanent loss of an organ
  • Permanent loss of a limb
  • Permanent loss of use of a body system
  • Any type of injury that severely limits your ability to live your life as you did before the accident

Notable
Results

$6,832,284

MTA Bus Accident

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Who is Responsible for Pain and Suffering Compensation?

Anyone responsible for causing your accident and resulting injuries could be held accountable for your pain and suffering damages. The type of accident you were involved in will reveal who is responsible. For example, if you were injured in a car accident, the reckless or irresponsible driver who caused a collision could be held accountable.

Similarly, if you were injured in a work-related accident, the general contractor may be held accountable if they failed to do their due diligence in hiring skilled construction workers.

These are just a couple of parties who could share fault for your pain and suffering damages. After conducting an in-depth investigation, your lawyer will determine who is at fault for your damages.

How to Calculate Pain and Suffering

There are multiple ways you can calculate the value of pain and suffering. Generally, the more impactful your injuries are, the more you can expect to be awarded. Since pain and suffering damages do not have a fixed monetary value, your attorney and the insurance company will work together to calculate the damages you’re owed.

Pursuing Pain and Suffering Damages

When you are ready to file a claim for pain and suffering, your attorney at HKD will handle all the legal details of your case. Here is what you can expect:

  • We will investigate liability in your case
  • We will gather the evidence needed to prove fault
  • We will quantify your damages to ensure we are seeking a fair settlement
  • We will file a claim with the insurance company, where applicable
  • We will file a formal civil claim against the liable party where necessary

Depending on the circumstances of your case, you may be able to settle outside of court with the insurance company. However, since many insurance settlements do not provide compensation for pain and suffering damages, you should always be prepared to go to court to maximize your compensation.

Rely on Experience to Guide Your Pain and Suffering Recovery

Having a reliable and experienced NY personal injury lawyer on your side is essential if you hope to prove the severity of your pain and suffering damages and maximize the compensation you are awarded.

Your attorney will understand which types of damages can’t be sought after as part of your personal injury claim, gather the evidence needed to prove their value, and advocate for your rights with the insurance company and a trial. When you need legal guidance and support, our firm is here to fight to hold the outside party accountable for their negligence.

Call HKD for Representation in Your Pain and Suffering Case

Are you ready to find out how much your pain and suffering is worth, when you reach out to our experienced New York personal injury attorneys at Hecht, Kleeger & Damashek, P.C., you can rely on our track record of success to help ensure you are being compensated fairly for your suffering.

Contact our office for a no-cost, risk-free consultation today. You can reach us through our quick contact form or call us at (212) 490-5700 to evaluate your pain and suffering damages.

CLIENT REVIEWS

Google Reviews

09/09/2021

When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.

5 Stars Review 5
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08/11/2021

Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.

5 Stars Review 5
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06/22/2021

I had a great lawyer with a great Paralegal that made everything easy to understand.

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04/01/2021

I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.

5 Stars Review 5
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03/01/2021

Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…

5 Stars Review 5
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02/25/2021

I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…

5 Stars Review 5
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02/23/2021

Amazing job, settled my case in 90 days.

5 Stars Review 5
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02/23/2021

I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…

5 Stars Review 5
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02/23/2021

I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…

5 Stars Review 5
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01/29/2021

I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…

5 Stars Review 5
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01/19/2021

The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.

5 Stars Review 5
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01/18/2021

Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…

5 Stars Review 5
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01/15/2021

I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.

5 Stars Review 5
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01/15/2021

I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.

5 Stars Review 5
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01/15/2021

I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…

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01/14/2021

Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…

5 Stars Review 5
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01/14/2021

Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.

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01/06/2021

We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….

5 Stars Review 5
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12/29/2020

Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.

5 Stars Review 5
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12/28/2020

Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…

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12/11/2020

My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…

5 Stars Review 5
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12/10/2020

Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…

5 Stars Review 5
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12/08/2020

Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…

5 Stars Review 5
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12/07/2020

I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…

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12/07/2020

Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!

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12/04/2020

Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with.  He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.

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12/03/2020

The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.

5 Stars Review 5
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12/03/2020

My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive

5 Stars Review 5
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12/02/2020

I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.

5 Stars Review 5
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12/02/2020

I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…

5 Stars Review 5
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12/02/2020

From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…

5 Stars Review 5
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10/27/2020

The best

5 Stars Review 5
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01/21/2020

I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…

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07/05/2015

I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.

5 Stars Review 5
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07/05/2015

After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…

5 Stars Review 5
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07/05/2015

After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…

5 Stars Review 5
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07/05/2015

I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.

5 Stars Review 5
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07/05/2015

I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…

5 Stars Review 5
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07/05/2015

I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…

5 Stars Review 5
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07/05/2015

I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

5 Stars Review 5
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06/05/2019

I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…

5 Stars Review 5
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05/01/2015

“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…

5 Stars Review 5
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05/01/2015

“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

5 Stars Review 5
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Average 5 out of 5 rating based on 43 Reviews