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Unintentional injuries cost individuals millions of dollars each year. In 2019, the cost of injuries in the United States was $4.2 trillion. In addition to medical bills and lost wages, injured victims experience pain and suffering damages.
If another party caused your injuries, you may be entitled to compensation for pain and suffering damages. In this blog, our New York personal injury lawyers break down pain and suffering damages and give tips for proving pain and suffering in NYC.
Understanding Pain and Suffering in New York Personal Injury Law
“Pain and suffering” refers to the discomfort, inconvenience, anguish, pain, and emotional trauma a person experiences due to an injury or accident. It includes both mental and physical suffering. Examples of New York pain and suffering damages include:
- Physical pain and discomfort
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
- Diminished quality of life
- Impairments and disabilities
- Scarring and disfigurement
Compensation for pain and suffering in a NYC personal injury case is paid as non-economic damages. These damages differ from economic damages in that they are intangible and subjective. Economic damages can be measured, such as the total of medical bills you incur after a car accident and the amount of lost income after a slip and fall accident.
Pain and suffering are more difficult to prove because everyone’s experience is different. The level of pain and suffering depends on the specific factors and circumstances of the case.
Legal Standards for Proving Pain and Suffering in NYC Courts
Juries are instructed that if they find for the plaintiff on liability, they must award a sum of money to compensate the plaintiff for their pain and suffering. In other words, if the defendant (the party being sued) caused the plaintiff’s (the injured party’s) injuries, the jury members must decide how much the defendant should pay the plaintiff in damages.
Plaintiffs must prove pain and suffering damages in a NYC personal injury case. The burden of proof is by a “preponderance of the evidence.” It requires the plaintiff to establish that it is more likely than not that the allegations they make are factual.
The courts do not provide a standard formula for calculating non-economic damages. Instead, the court guides how to define these damages so they can determine the amount that justly and fairly compensates the plaintiff.
Evidence Used to Substantiate Pain and Suffering Claims in New York City
Because pain and suffering are subjective, injury lawyers use a variety of evidence to establish the level of suffering a person experienced. Evidence used to prove pain and suffering includes:
- Medical records detailing the types and severity of injuries sustained
- Testimony from physicians and medical providers
- Psychological evaluations for emotional distress and mental anguish
- Testimony from expert witnesses
- Pain journals from the plaintiff with details of their recovery
- Rehabilitation logs and records
- Testimony from friends, family members, and co-workers
An experienced personal injury lawyer understands how to use this evidence to develop a compelling argument for maximum pain and suffering damages. Presenting the case so that jurors “feel” the person’s pain is essential to recovering a fair amount for non-economic damages.
How Are Pain and Suffering Damages Calculated in a NYC Personal Injury Case?
There is no statutory or standard formula for calculating pain and suffering damages. Juries and insurance companies often use the multiplier method or per diem method to determine the value of pain and suffering.
Both methods consider the factors involved in the case to determine the amount of pain and suffering. Factors include:
- The type of injuries sustained
- The severity of impairments and disabilities
- The person’s appearance before and after the injuries (i.e., disfigurement and scarring)
- Whether the person can resume daily activities, work, and hobbies
- The need for ongoing medical care and treatments
- Whether the person continues to suffer physical pain because of the injuries
- The need for ongoing treatment for PTSD, depression, and other emotional conditions developed because of the accident and injuries
The multiplier method assigns a “multiplier” between 1.5 and five. Pain and suffering equals economic damages multiplied by that number. The per diem method assigns a daily amount for pain and suffering. That amount is paid for each day between the injury date and the date the person is released from medical care.
Strengthening Your Case: What Injured Parties Can Do
Things you can do to help prove New York pain and suffering damages include:
- Seek immediate medical treatment after an accident or personal injury
- Keep detailed records and personal pain logs
- Follow your doctor’s treatment plan and keep all appointments
- Avoid using social media during your recovery
- Allow your attorney to handle all communications with the insurance company
- Do not admit fault or discuss fault with an insurance adjuster
Consulting experienced NYC pain and suffering attorneys early in your case is a vital step.
How Michael LoGiudice, LLP Can Help
Our legal team at Michael LoGiudice, LLP has extensive experience handling personal injury cases. We work to maximize all damages, including pain and suffering. Contact us to schedule a free consultation with a New York City pain and suffering attorney.