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How is Pain and Suffering Calculated in New York?

How is Pain and Suffering Calculated in New York?

Pain and suffering are two of the most important elements of a personal injury lawsuit. However, calculating the amount of damages for pain and suffering is extremely complex.

At Banville Law New York, we are committed to providing you with a thorough and aggressive approach to securing the maximum compensation for your personal injury case. Our personal injury lawyers have helped countless New Yorkers secure the compensation they deserve after an accident. If you or a loved one has been injured, we encourage you to contact our New York law firm for a free consultation.

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What Are “Pain and Suffering Damages”?

In New York, pain and suffering is a term used to describe the monetary value of the harm done to a person due to the negligent act or omission of another person or entity. The court awards the injured person the amount of money that represents the value of the harm caused.

If a person suffers a broken leg and the medical bills associated with it, the value of the harm is represented by the amount of medical bills paid. The same is true for someone who suffers a broken arm and the value of the harm is represented by the amount of medical bills paid.

The amount of money awarded for pain and suffering is calculated based on what the court believes a reasonable person would have spent to treat the same injury. It is not possible for a jury to award a specific amount of money for pain and suffering.

How Are Pain and Suffering Damages Calculated in New York?

If you have been injured due to the negligence or recklessness of another party in New York, you may be eligible for damages related to pain and suffering. Pain and suffering are considered “non-economic” damages, meaning they cannot be objectively assigned a dollar value. Nevertheless, they may still play an important role in any settlement negotiation or personal injury lawsuit.

The calculation of pain and suffering damages in New York is not based on fixed criteria such as medical bills incurred due to the injury. Instead, there are certain considerations used by attorneys and insurance companies to determine an appropriate compensation amount for an injured plaintiff.

Ultimately, pain and suffering awards are determined by reviewing all variables in a person's case—and assessing how each has affected their life—in order to arrive at an equitable value as compensation for their loss or harm. Attorneys will often seek out expert opinions or testimonies (e.g., financial experts testifying how an individual’s medical expenses were impacted by their injury) as evidence when making these calculations.

What Are the Main Factors in Calculating Pain and Suffering Damages?

At Banville Law New York, we know that recovering damages for pain and suffering in a personal injury case is difficult. It is always best to have an experienced New York personal injury lawyer on your side. However, if you do not have the means to hire a personal injury lawyer, we recommend that you seek a free consultation from our law firm.

The amount of pain and suffering damages a personal injury victim may receive depends on several factors.

These factors include

  • the type of harm suffered
  • the severity of the injury and resulting physical limitations
  • age
  • impact on daily activities and ability to work
  • psychological effects (anxiety, depression),
  • duration of treatment needed to recover from the injury,
  • the amount already awarded for medical expenses and wage losses (if applicable)

Are There Limits on Pain and Suffering Damages in NY?

If you have been injured in an accident, one of the potential forms of compensation available to you is pain and suffering damages. However, are these cases limited? In New York, the answer is yes.

Pain and suffering damages in the state of New York are limited by what’s known as the “serious injury threshold.” To receive these damages — especially in a personal injury case — you must meet certain criteria regarding the level of your injury. This means that you must have suffered a serious impact on your life as a result of your accident for your case to qualify for pain and suffering damages. What constitutes a “serious injury” varies from case to case, but it typically must require medical treatment or rehabilitation beyond standard care following an average motor vehicle accident.

In addition, there are also caps on certain types of pain and suffering damage awards based on fault percentage. For example, if an injured person was found to be 25% at fault (which is often referred to as comparative negligence), then any potential non-economic award, such as pain and suffering, would be reduced by 25%.

Ultimately, whether or not you will be eligible for pain and suffering damages comes down to how severe your injuries were after being involved in an accident that was caused by someone else’s negligence or recklessness. If you meet the requirements outlined above, then it may very well be possible for you to receive specific forms of monetary relief from a court due to the physical, emotional, or psychological trauma caused by said incident assuming liability is proven against the responsible parties.

How To Maximize Pain and Suffering Damages?

New York law allows for the recovery of pain and suffering damages. These damages are often referred to as non-economic damages. Non-economic damages are those that cannot be measured in monetary terms, such as pain and suffering.

The majority of personal injury cases involve accidents that happened in a car accident, but there are many types of personal injury lawsuits. A personal injury lawsuit is a civil lawsuit that can be filed against an individual or business that caused damage to you. This damage can include pain and suffering, medical bills, lost wages, and future medical costs. But how can you recover the maximum for your pain and suffering?

An experienced personal injury lawyer knows how to fight for people who have been hurt in car accidents and other accidents. They can help you maximize your pain and suffering damages so that you can move forward and recover.

Get You the Outcome You Deserve

At Banville Law New York, we understand that no one should suffer through the emotional pain and physical suffering that comes with a personal injury. We want to give you the best chance at receiving the compensation you deserve, and we will fight to obtain a fair settlement for you. At Banville Law New York, our personal injury lawyers are committed to protecting the rights of injured New Yorkers, and we will fight for you until your personal injury is resolved.

Our personal injury attorneys provide free consultations to ensure that you receive the maximum compensation you deserve. We take on all types of personal injury cases, including car accidents, truck accidents, slip and falls, premises liability, dog bites, medical malpractice, motor vehicle accidents, construction site accidents, and more.
Call our New York law firm today and let us help you obtain justice and fair compensation for your pain and suffering.

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Laurence P. Banville
Date Published: January 6, 2023
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
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