September 29, 2023

What Is Pain and Suffering in NY and How Is It Calculated?

By Jonathan Damashek

Posted in

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You have many types of damages when you are injured in an accident like a car crash. One of the most significant will be pain and suffering. You can recover financial compensation for your pain and suffering like any other loss. However, determining the value of your pain and suffering can be difficult.

What Are Pain and Suffering Damages?

Pain and suffering is a type of non-economic damage that encompasses the physical and mental agony you suffer as a result of an accident.

Non-economic damages are not easily quantified with monetary loss. They can be compared to economic damages like medical bills, which are easily determined through out-of-pocket expenses.

What Is Included in Pain and Suffering Damages?

You can get compensation for any mental or physical anguish that you experience. Examples of physical and psychological pain and suffering include:

  • Bodily pain
  • Physical discomfort
  • Loss of function of a body part
  • Post-traumatic stress disorder (PTSD)
  • Mood swings
  • Emotional anger or fear
  • Anxiety or depression
  • Loss of enjoyment of life

Factors That Determine Pain & Suffering Damages

The main factors determining how much you get for pain and suffering are the severity of your injuries and the length of time you were in anguish. Pain and suffering you may experience in the future is also taken into consideration and an often-overlooked part of personal injury cases. That’s why it’s essential to get medical treatment immediately after your injuries to establish how severe your injuries are.

Then, you should consistently follow up with doctors to prove you were injured for an extended time. In general, the more economic damages you have, the more pain and suffering you can obtain.

Maximizing Your Pain & Suffering Claim

The best way to maximize your pain and suffering claim is to document how your injuries have affected your life. You can do this by ensuring your medical providers clearly record your injuries and pain levels in medical documents.

A Personal Injury Lawyer Can Help You Maximize a Claim

Pain and suffering is often one of the most significant parts of a personal injury settlement or verdict. However, you must take steps to prove that you deserve a significant amount for your losses. When you work with Hecht, Kleeger & Damashek, P.C., we will gather evidence to support your claim and help you get what you need to move forward with life.

Call us today at 212-490-5700 or contact us online to schedule a case consultation.