Founding Attorney
If you are injured in an automobile accident, you are entitled to monetary damages. Damages include things like your medical expenses, lost wages, and pain and suffering. Pain and suffering damages can be some of the deepest and longest lasting damages you sustain and include things like the anxiety and mental anguish you might suffer from as the result of a car accident.
Personal injury attorney Michael LoGiudice fights for his clients so that they can recover the compensation they deserve for their accident-related injuries. He is here to aggressively pursue your claim so that you can focus on getting better and getting your life back on track as best as possible.
What are Pain and Suffering Damages?
Pain and suffering are considered non-economic damages as they are not based on something quantifiable unlike their economic counterparts which include property damage, medical expenses, or lost wages. They can generally be split into two general categories: physical and mental pain and suffering. Physical pain and suffering compensates you for the discomfort, aches, soreness, etc. that you feel as a result of your injuries.
Mental pain and suffering that results from an automobile accident runs somewhat of a broader spectrum and can include:
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- Mental anguish
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- Anxiety
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- Depression
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- Loss of enjoyment of life
- Humiliation
A car accident is a traumatic event in and of itself. Additionally, sustaining injuries can force you to give up a favorite sport or hobby. Injuries can also disrupt more intimate things such as your sex life. Also, scarring or disfigurement from accident injuries can be a source of shame and humiliation for some people. The psychological effects can be devastating. You deserve to be compensated for these detrimental life changes. That is why pain and suffering damages are available.
How are Pain and Suffering Damages Calculated?
As stated above, pain and suffering damages are non-economic damages as they are not based on something quantifiable. They are subjective in nature. It is difficult to put a price on something like loss of enjoyment of life.
Unfortunately, insurance claims adjusters use the subjective nature of these damages to often offer way below adequate settlement offers. They take advantage of the grey area and hope that, should the need arise, a jury will offer little to no pain and suffering damages. In general, juries can be very inconsistent with these types of damage awards. Jury instruction provide no guidance on how to quantify pain and suffering which means jury members are left to come up with an amount based on their personal feelings.
A jury may consider some of the following in calculating pain and suffering damages:
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- How much has the injury altered a person’s day to day life?
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- Has the injury shortened his or her life span?
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- Will the injury have a long term impact?
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- What kind of emotional and mental toll did the injuries have on a person?
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- What kind of limits does the injury put on a person?
- How would I feel if I suffered from similar injuries?
In some states, there are laws placing limits on the amount an individual can recover for pain and suffering. These limits stem from a fear that an overly sympathetic jury will make excessive monetary awards. New York, however, has enacted no such limits.
Fighting the Legal Battles so You Can Focus On Getting Better
Personal injury attorney Michael LoGiudice knows that everyone has a lot on their plate. Add dealing with insurance companies, medical treatment, and coping with serious injuries and it is understandable that you can feel more than overwhelmed. That is why Attorney LoGiudice is here to deal with the insurance companies, handle the logistics, and fight the legal battles for you. He will tirelessly pursue your right to compensation for your injuries while you focus on what is most important, taking care of yourself.