How to Calculate Pain & Suffering Damages in New York
Personal injury accidents can leave victims to deal with painful, serious, lifelong injuries. If you were injured in an accident, you may be entitled to compensation for your pain and suffering. In a personal injury case, it is vital that you thoroughly document and establish the extent of your pain and suffering to fight for the compensation you deserve. This can be done with the assistance of an experienced attorney.
What Is Pain & Suffering?
“Pain and suffering” is a legal phrase/term used to describe the physical and emotional damages (types of non-economic damages) a person faces as a result of an accident. Substantial mental or physical injuries caused by another individual’s actions or failure to act can qualify as pain and suffering in a lawsuit. Individuals suffering this type of damage may be eligible for compensation.
Below are the different types of pain and suffering:
- Emotional pain and suffering: Mental or psychological distress that occurs as a result of someone else’s negligence. Common examples include psychological trauma, fear, insomnia, post-traumatic stress disorder, depression, anxiety, etc.
- Physical pain and suffering: Physical injuries that occur as a result of someone else’s negligence that are substantially painful and can last for days, weeks, months, or a lifetime. Common examples include back pain, traumatic brain injuries, broken or fractured bones, dislocated joints, paralysis, etc.
- Loss of consortium: A type of pain and suffering experienced by the spouses/partners of an individual that lost their life as a result of the negligent party’s actions or failure to act.
When to Calculate Pain & Suffering
A person can begin calculating pain and suffering once it has been determined that 1) they have sustained physical or emotional injuries, and 2) the injuries they have sustained are a result of the responsible party’s actions or failure to act. Once negligence has been proven, you may begin calculations for compensation to make sure you are reimbursed for your pain and suffering.
The Different Ways to Calculate Pain & Suffering
In New York, there are a couple of different ways to calculate pain and suffering.
These two methods include:
- Multiplier method: This is the most common method used for calculating pain and suffering in New York. First, you must tally up the total amount of economical damages, which include medical bills, current and future lost wages, property damage, etc. That total number is then multiplied by a number between 1.5 and 5 (the multiplier). The multiplier is determined based on the severity of the injuries at hand. The more severe the injuries, the higher the multiplier.
- Per diem method: This method does not involve calculating economic damages. Instead, the victim is awarded a dollar amount of compensation each day that they continue to suffer from their injuries. The amount of compensation is determined based on the victim’s wages.
Factors to Consider
When calculating pain and suffering, different factors are taken into consideration.
- The length and nature of your recovery period
- The impact the injury has on your daily life
- Any bodily functions you have lost as a result of the accident or injury
- Mental conditions caused by the accident or your injury
- How your relationships have been affected
- Whether or not your life expectancy is reduced by the accident or injury
Call Koenigsberg & Associates Law Offices!
Involved in a personal injury claim? Koenigsberg & Associates Law Offices can help you calculate and demonstrate the degree of your pain and suffering, protect your rights, and fight for the compensation you deserve. We understand that you are likely feeling overwhelmed right now, which is why our team is here to ease the burden. Whether you were involved in a car accident, slip and fall accident, or any other kind of accident, we can help.
For a consultation, reach out to our personal injury lawyers at Koenigsberg & Associates Law Offices. We can be reached at (718) 690-3132.