Suing for Pain and Suffering in New York

You Must Prove That your Injuries are “Serious” Under Law.

Before you can initiate legal proceedings for pain and suffering, you need to meet certain criteria. This involves demonstrating that your injuries significantly impacted your activities for at least 90 days or resulted in permanent impairment.

If you pass this threshold, you also need to include the proper evidence. Documentation, such as medical records and testimonies from doctors and therapists, is required to process a pain and suffering claim.

It also helps to provide statements from friends and family who have witnessed how your injuries have affected you personally and have contributed to your discomfort, both emotionally and physically.

Suing for Pain and Suffering in New York

It is vital to familiarize yourself with New York’s requirements for pain and suffering before proceeding with a personal injury lawsuit. Doing so will help you, as well, when you discuss your case with a personal injury lawyer.

For insurance purposes, New York is a no-fault state. Therefore, people involved in car accidents generally use personal injury protection (PIP) insurance  to cover their medical costs and lost wages. The insurance does not extend to pain and suffering.

However, if it is applicable, you can step outside the “no-fault zone” and sue an at-fault party for both non-economic and economic damages after an auto wreck.

You can also file a personal injury lawsuit that includes damages for pain and suffering for slip-and-falls, medical malpractice, wrongful death, or a premises liability claim.

How New York Defines a Serious Injury

A serious injury, as defined by state law, includes:

• Dismemberment
• Fractures
• Death
• Injuries that prevent the claimant from performing regular daily tasks for at least 90 days within the first 180 days after the accident
• Permanent loss of the use of a bodily function, organ, member, or system
• Permanent and consequential restriction of the use of a bodily member or organ
• Substantial disfigurement
• Permanent restriction of a bodily system or function

Establishing Liability for Pain and Suffering

To seek compensation for pain and suffering, New York state law also requires establishing that another party’s negligent actions directly caused harm to you. This necessitates demonstrating the following:

• You Experienced an Injury: To qualify for compensation, you must prove the seriousness of your injuries.
• Your Injury Has Resulted in Recurring or Chronic Pain: Pain that is chronic or continual includes pain that is related to migraines, problems with walking, standing, or bodily function. Temporary soreness does not meet this criteria.
• Your Pain and Suffering Significantly Impacts Your Quality of Life: You may not be able to perform household tasks, hobbies, or enjoy moments with your partner because of your injury. This evidence can show how your pain and suffering has impacted your quality of life.
• The Responsibility for the Incident Lies with the Other Party: Another party’s negligence or recklessness must have led to the grounds of your lawsuit in order to seek money for your injuries and damages.

How Is Pain and Suffering Calculated?

The Multiplier Method

The multiplier method applies medical bills as the basis of determining the value of pain and suffering damages. The value of the multiplier may be as low as 1.5 and as high as 5 depending on several factors, including length of recovery, severity of injuries, and long-term effect of the injury on physical and mental health.

Here’s an example of pain and suffering calculation:

Suppose you’ve sustained a broken hip in a slip and fall accident, resulting in medical bills of $15,000. In that case, you can use a multiplier of 2.5 to arrive at $37,500 as the value of your pain and suffering damages.

The additional pain and suffering damages mean you can request a total of $52,500 as the settlement value of your case. The biggest challenge is knowing the value of the multiplier to apply.

A high multiplier is directly related to the nature of injuries. The multiplier is likely to be high if you sustained a severe injury with lifelong complications. The multiplier may be as low as 1.5 if there are doubts about the liability of the other party or in a minor injury case.

Here are a few aspects that justify a high multiplier:

• The negligent party is 100% at fault
• Strong evidence that proves fault and extent of injuries
• Injuries that last a lifetime
• Clear facts about the cause of the injury
• You sustained physical disfigurement
• You have an injury that disrupts your daily life
• An injury with a substantial psychological impact
• An injury that causes limited motion, weakness, and discomfort
• Your family is suffering as a result

In the absence of a precise formula, the likelihood of obtaining a substantial value for your pain and suffering damages depends on your ability to negotiate. An insurance company is more willing to negotiate if they think your case is strong and likely to win if you go to trial.

Per Diem Method

The per diem method uses the length of recovery as the foundation for determining the value of pain and suffering damages. An insurance adjuster or your attorney determines an amount per diem based on several factors, including the severity of injuries and the long-term effect of your injury.

The amount of per diem will likely be higher if the injury is severe, with a substantial disruption in your daily life. Obtaining the value of damages involves multiplying the value of per diem with the number of days you took to recover— from the injury date to the end of the recovery period.

Suppose the value of per diem is $200, and you took 150 days until full recovery. In that case, the value of pain and suffering damages would be $30,000.

Real-life Impact of Pain and Suffering

Pain and suffering have an element of physical and mental impact on a victim’s health.

Here are a few instances that may justify a pain and suffering claim:

• Long-term physical pain and discomfort
• Permanent disfigurements such as burns, amputation, or scars
• Disrupted sleeping and eating patterns
• Anticipated physical inabilities
• Inability to engage in usual activities, leading to loss of pleasure

Call The Barnes Firm Now

Do you need to speak to a personal injury lawyer regarding pain and suffering? If so, contact The Barnes Firm for a free consultation. Our team of trusted attorneys are here to help you get the best result possible for your accident case.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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