When you are injured in an accident, you may be entitled to compensation for various types of damages, including pain and suffering. This type of non-economic damage compensates victims for the physical pain, emotional distress, and psychological anguish resulting from an accident. However, calculating pain and suffering damages can be complex, requiring a thorough understanding of New York personal injury law.
What Are Pain and Suffering Damages?
Pain and suffering refer to non-economic damages that compensate for an injury’s physical and emotional toll on a victim’s life. Unlike economic damages, such as medical bills and lost wages, these damages do not have a fixed monetary value and can vary significantly based on the circumstances of each case.
Common Types of Pain and Suffering Damages:
- Physical pain and discomfort from injuries
- Loss of mobility or function due to permanent injuries
- Post-traumatic stress disorder (PTSD)
- Chronic pain or nerve damage
- Anxiety, depression, or emotional distress
- Loss of enjoyment of life due to physical limitations
- Sleep disturbances or nightmares
How Is Pain & Suffering Calculated in New York?
Determining compensation for pain and suffering involves many factors, including the severity of injuries, the length of recovery, and the impact on daily life. Insurance companies may use certain methods to estimate pain and suffering damages, but these calculations should not be taken at face value. An experienced personal injury lawyer can assess your case comprehensively and advocate for the full compensation you deserve.
Methods Used to Estimate Pain & Suffering
- Multiplier Method: This approach multiplies a victim’s economic damages (e.g., medical expenses, lost wages) typically by a number between 1.5 and 5, depending on the severity of the injury.
- Per Diem Method: A daily rate is assigned to the victim’s suffering and multiplied by the number of days they experience pain and distress.
- Case-Specific Evaluation: Factors such as long-term disability, medical treatment, and emotional trauma are considered to determine fair compensation.
While these methods provide rough estimates, they often undervalue a victim’s true suffering. That’s why seeking immediate medical care is crucial—not only for your health but also for documenting the extent of your injuries. Consistently following up with doctors provides evidence that supports a higher valuation of pain and suffering. The greater your economic damages, the higher your potential non-economic compensation.
New York’s No-Fault System & Pain and Suffering Claims
New York follows a no-fault insurance system, meaning accident victims must first file a claim with their own insurer for medical expenses and lost wages. However, pain and suffering damages are not covered under no-fault insurance.
To pursue pain and suffering compensation, you must meet the serious injury threshold under New York law. Qualifying injuries include:
- Permanent disfigurement
- Fractured bones
- Loss of a limb or organ function
- Significant limitation of a bodily system
You can file a third-party liability claim against the negligent party if your injuries meet this threshold.
Common Accidents That Cause Pain and Suffering
Several activities and accidents can cause pain and suffering damages. Virtually any type of accident has the potential to cause these losses. However, certain types of accidents cause pain and suffering damages more often than others.
Motor Vehicle Accidents
Car accidents can leave victims with severe injuries like whiplash, chronic back pain, and emotional trauma, especially when collisions occur at high speeds. Motorcycle accidents often result in catastrophic injuries such as road rash, broken bones, and PTSD when riders are thrown from their bikes. Commercial truck accidents, particularly those involving 18-wheelers, frequently lead to long-term disability, fractures, and significant emotional distress due to the sheer force of impact.
Pedestrian & Bicycle Accidents
Pedestrians and cyclists are especially vulnerable in traffic collisions, with hit-and-run victims often suffering broken bones, disfigurement, and lasting psychological trauma. Bicycle crashes with cars can cause severe injuries such as traumatic brain injuries and chronic pain, often requiring extensive rehabilitation.
Premises Liability Accidents
Slip and fall accidents, especially on icy or poorly maintained surfaces, can result in serious injuries like hip fractures, chronic pain, and reduced mobility. Swimming pool accidents, including near-drownings, can cause life-threatening conditions such as neurological damage and PTSD, particularly for young children and the elderly.
Workplace & Construction Accidents
Construction and industrial sites are high-risk environments where scaffolding falls can lead to devastating spinal cord injuries and permanent disability. Factory accidents involving heavy machinery often cause severe burns, amputations, and long-term emotional distress, significantly impacting a worker’s quality of life.
Medical Malpractice & Defective Products
Surgical errors can lead to nerve damage, chronic pain, and lifelong complications, leaving patients to suffer from preventable mistakes. Defective medical devices, such as faulty implants, can cause chronic suffering, infections, and emotional distress, requiring costly corrective procedures.
Nursing Home & Sexual Abuse Cases
Elder abuse in nursing homes can manifest as neglect, leading to untreated bedsores, dehydration, and severe emotional trauma. Survivors of sexual assault often experience deep psychological wounds, including PTSD, anxiety, and depression, which may require years of therapy and support.
Dog Bite Injuries
Dog attacks can cause severe lacerations, infections, and permanent scarring, with victims—especially children—experiencing lasting emotional trauma and a fear of animals. In some cases, deep tissue injuries or nerve damage may lead to long-term complications.
Brain & Spinal Injuries
Traumatic brain injuries (TBIs) can have lifelong consequences, leading to cognitive impairments, personality changes, and chronic headaches. Spinal cord injuries can result in partial or complete paralysis, significantly altering a person’s independence and overall quality of life.
How To Maximize Your Pain & Suffering Claim
To secure maximum compensation, it is essential to document how your injuries affect your daily life. This includes:
- Maintaining a pain journal to record daily struggles and emotional distress.
- Follow up with medical professionals to demonstrate the severity and duration of your pain.
- Providing witness testimony from family, friends, and mental health experts.
Our Pain and Suffering Lawyers Can Help
When you are ready to file a claim for pain and suffering, the attorneys at Hecht, Kleeger & Damashek, P.C. will manage every aspect of your case, allowing you to focus on recovery. Here’s how we help maximize your claim:
- Comprehensive Investigation: We thoroughly investigate your accident, gathering police reports, witness statements, medical records, and expert testimony to establish liability.
- Evidence Collection & Damage Assessment: Our team compiles all necessary evidence to demonstrate the full extent of your physical, emotional, and financial losses.
- Negotiate with Insurance Companies: We handle all communication with insurers, ensuring they do not undervalue or dismiss your pain and suffering claim.
- Legal Representation in Civil Court: If a fair settlement is not reached, we are prepared to file a formal lawsuit and take your case to court to secure the compensation you deserve.
- Strategic Litigation & Settlement Advocacy: Our experienced trial attorneys fight aggressively to ensure you receive full and fair compensation through settlement negotiations or a jury verdict.
Many insurance settlements fail to account for the full extent of pain and suffering damages. While some cases may be resolved outside of court, our legal team ensures you are fully prepared to go to trial if necessary to achieve the best possible outcome.
Call HKD Today for a Free Consult about Your Pain & Suffering
Pain and suffering are often one of the most significant parts of a personal injury settlement or verdict. However, you must take steps to secure maximum compensation. Let HKD help you navigate the legal process. Call us today at 212-490-5700 or contact us online to schedule a free case consultation. There’s no fee unless we win!