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:
- 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
Personal Injury Laws
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
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
Mike, HKD CLIENT
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
Steven, HKD CLIENT
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
Anonymous, HKD CLIENT
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
Mike W., HKD CLIENT
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
Steven B., HKD CLIENT
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
Wendy B., HKD CLIENT
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
Eric G., HKD CLIENT
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
Ryan G., HKD CLIENT
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
Michael R., HKD CLIENT
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
Peter M., HKD CLIENT