When you’ve suffered severe or catastrophic injuries, the physical pain and emotional distress you experience can eclipse everything else in your life. Focusing on anything other than your debilitating injuries can be challenging, which is why recovering pain and suffering damages is a crucial part of your accident claim.

At the Law Offices of Mark E. Seitelman, we prioritize recovering compensation for the full value of our client’s damages, including pain and suffering. We guarantee that our personal injury attorneys will work tirelessly to protect your rights and advocate for a fair resolution to your claim.

Our lawyers have over 30 years of experience advocating for injured New Yorkers, including in their pursuit of pain and suffering damages. We can help you calculate the value of your claim by gathering and analyzing evidence, evaluating economic and non-economic damages, and looking at the big picture of how your injuries will impact your life going forward. Contact us to schedule a free case evaluation with one of our NYC personal injury attorneys.

Pain and Suffering Damages in Personal Injury Claims

Injured accident victims are sometimes entitled to recover damages for the harm they’ve endured. No amount of money can undo your pain and suffering, but compensation can alleviate some of your financial burden so you can focus on your health. Personal injury victims in New York may be entitled to compensation for economic and non-economic damages.

Economic Damages

These damages are associated with objective quantifiable losses, such as medical expenses, lost wages, and property damage.

Non-economic Damages

Pain and suffering fall into the non-economic damages category because these damages are subjective and more difficult to place a monetary value on.

Recoverable Pain and Suffering Damages in New York Personal Injury Cases

To recover financial damages for non-economic damages like pain and suffering, your attorney will need to establish the extent of your injuries and how they impact your life. This can often be accomplished by compiling evidence that supports your claims for physician pain like:

  • Soft tissue injury
  • Spinal cord damage
  • Traumatic brain injury
  • Fractures
  • Nerve damage
  • Fractures
  • Amputations
  • Loss of bodily function
  • Internal organ damage
  • Severe lacerations and burns

The physical pain associated with your injuries is only one aspect of a pain and suffering claim in New York. Permanent and catastrophic injuries also include emotional distress and significant psychological harm, including:

  • Post-traumatic stress disorder
  • Depression
  • Anxiety
  • Diminished quality of life
  • Loss of enjoyment of life
  • Cognitive impairments
  • Embarrassment

Personal Injury Cases That Qualify for Pain and Suffering Compensation

Personal injury is a broad category that includes numerous types of legal cases involving an accident or incident that causes harm or injury. Some examples of personal injury cases that may qualify for pain and suffering damages include the following:

  • Truck accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Motorcycle accidents
  • Car accidents
  • Dog bites and animal attacks
  • Slip and falls
  • Workplace accidents

Even when the existence of pain and suffering is apparent, calculating the monetary value of those damages is often a challenge. The factors that go into these calculations will vary depending on the type of accident and your specific injuries.

Calculating the Value of Pain and Suffering Damages

New York does not have a required formula to determine the value of pain and suffering in a personal injury case. Many courts and insurance companies will use one of the two most common methods: the multiplier method and the per diem method.

The Multiplier Method

This calculation is often used in personal injury claims, in part because the calculation portion is straightforward. The total value of economic damages is multiplied by a number called the multiplier, which is a chosen number between 1.5 and 5. The difficulty is choosing what the multiplier should be. In general, more severe injuries are associated with higher multipliers. Several factors are analyzed to determine the appropriate number, including the injury’s impact on the victim’s daily life, whether there are any permanent impairments and the need for future or ongoing medical care.

Per Diem Method

This method sets a dollar amount for each day an individual is under a doctor’s care for their injuries. The daily amount is multiplied by the number of days medical treatment is needed to determine damages for pain and suffering. The per diem method is slightly less common than the multiplier method, and this approach is not necessarily effective for cases involving permanent impairments or disabilities.

Proving Your Claim for Pain and Suffering Compensation

Your NYC personal injury attorney should tailor a legal strategy specifically to your case and needs, as there is no boilerplate approach that works for everyone. Proving pain and suffering requires an individualized plan, but the overall goal is to show the court or insurance adjusters the full impact and severity of your physical pain and emotional suffering.

This can be accomplished by presenting evidence like:

  • Medical records that show diagnoses, prognoses, treatment plans, and test results
  • Statements and expert opinions from doctors
  • Photos and videos of your injuries
  • Testimony from co-workers, friends, and other people who can attest to your pain and suffering

The legal team at the Law Offices of Mark E. Seitelman has extensive experience building strong cases for our clients. You deserve to have compassionate support and aggressive representation in the pursuit of pain and suffering damages. Contact us to schedule a free case evaluation.