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
How to Calculate Pain and 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.
How Our Pain and Suffering Lawyers Can Help
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.
Common Accidents That 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:
- Commercial truck accidents
- Motorcycle accidents
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Taxi accidents
- Bus accidents
- Slip and fall accidents
- Trampoline accidents
- Dog attacks and bites
- Swimming pool accidents
- Injuries caused by defective products
- Defective medical devices
- Medical malpractice
- Nursing home abuse
- Sexual abuse
- Construction accidents
- Work-related accidents
- School-related accidents
- Factory accidents
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
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, Personal Injury Lawyers, 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.