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Accident victims have the right to claim certain non-economic damages for their losses, with pain and suffering being a common type of these. But compared to economic damages like medical bills, the calculation of a dollar amount for pain and suffering is more subjective. How do you prove these losses and substantiate their value?
Hiring a knowledgeable New York attorney is one of the most important steps you can take after suffering a personal injury. Learn more about how Michael LoGiudice, LLP can serve you.
What Is Pain and Suffering?
The phrase “pain and suffering” generally includes both the physical discomfort resulting from a personal injury and the associated mental and emotional distress. It is a fairly broad term that encompasses:
- Chronic pain
- Discomfort
- Emotional trauma
- Anxiety
- Depression
Unlike economic losses, which are based on objective calculations (for instance, by totaling the victim’s medical bills), the above are subjective determinations. There is no price tag that comes with discomfort, for example. So how does a jury assign a dollar amount to pain and suffering?
How to Calculate Pain and Suffering in New York
New York courts, insurance companies, and lawyers will typically take one of two approaches to calculate a dollar value for pain and suffering:
Multiplier method
This is a common method which requires taking the total dollar value of the economic damages and multiplying it by a factor of between 1.5 and 5. Settling on an exact multiplier can be difficult, but more severe injuries generally correspond to a higher number. A jury will consider the following (among other criteria) as it decides which number to use:
- The effects of the injury on the victim’s daily life
- Any physical deformity the victim suffered
- Whether the victim experienced permanent or temporary disability
- The victim’s ongoing need for medical and psychological care
Per diem method
This approach assigns a dollar value per each day of pain and suffering the victim experiences. For example, the jury might decide to assign $300 per day. The jurors will consider many of the same factors that are used with the multiplier method.
The per diem method is especially useful in cases in which the victim recovers from a disabling condition. In other words, it is less helpful in cases involving permanent injuries. Between the two, the multiplier method is more commonly used.
Real-Life Examples of Pain and Suffering Awards
To better understand how a jury may decide the value of a victim’s pain and suffering, it helps to review a few recent verdicts from actual New York cases:
- In a 2017 car accident case, the jury awarded the victim $5 million for past pain and suffering and $6 million for future pain and suffering. The victim’s lumbar spine was fractured, an accident so severe that she will need medical assistance for the remainder of her life.
- A judge awarded pain and suffering in the amount of $4,500 to a woman who tripped and fell on a Bronx sidewalk in 2021. However, the victim appealed and the amount was increased to $50,000. She wore a cast for one month, had physical therapy for 18 months, and has ongoing limited range of function.
- A drilling pipe fell on the victim’s foot, resulting in amputation of two toes. The property owner was found negligent, and the court awarded $100,000 in past pain and suffering. The appellate court added another $125,000 for future pain and suffering, for a total of $225,000.
It’s important to understand that the results of past cases do not guarantee those of future ones. However, it’s clear that New York courts can and do award substantial amounts for pain and suffering, both for the victim’s past and for future experiences.
Evidence That Will Help Your Case
The victim has the obligation to prove the nature and amount of all of the personal injury damages they seek. This includes pain and suffering. The following forms of evidence will be particularly helpful in your case:
- Medical records: These show the intensity of the physical injury, which translates into the victim’s pain and suffering.
- Medical expert witness testimony: A medical expert witness can discuss in detail the physical pain and psychological suffering you’ve endured.
- Mental health records: For the emotional, psychological, and mental component, this evidence will prove invaluable.
- Eyewitness statements: Your friends and family can give statements about the effects of your injury on your everyday quality of life.
Making the Strongest Case For the Maximum Damages
When you retain Michael LoGiudice, LLP to handle your New York personal injury case, we fight for all of the damages that you deserve. Find out how much your claim for pain and suffering may be worth. Connect with us today to schedule your consultation.