How Much Is Pain and Suffering Worth in a Personal Injury Case in NY?

The financial value of your pain and suffering depends on the nature and extent of your injuries. Generally, the more severe your injuries, the more you can recover in a personal injury case in NY.

The New York personal injury lawyers at Oresky & Associates, PLLC, will fight for just compensation for your physical pain, emotional suffering, and all of your other past and future accident-related losses.

What Is Pain and Suffering in a Personal Injury Case in New York?

Pain and suffering includes:

• Physical symptoms, such as discomfort, aching body parts, or numbness
• Psychological symptoms, such as anxiety or depression
• Past symptoms, such as the acute distress or trauma you felt in the immediate aftermath of the accident
• Future symptoms, such as chronic pain or mental illness

Pain and suffering is one of several types of non-economic damages that you could be eligible for after a negligence-related accident. Non-economic damages compensate you for the physical and mental losses associated with your injuries. Other non-economic damages include reduced quality of life, permanent or temporary disability, and loss of consortium.

In addition to compensation for pain and suffering, you could be entitled to economic damages, such as medical bills, lost wages, lost union benefits, and out-of-pocket expenses. As with any other kind of damage, the amount you receive depends on how seriously you were injured.

When Can I Get Compensation for Pain and Suffering After a NY Accident?

You have the right to pursue compensation for your pain and suffering if someone else’s negligence caused or contributed to your accident, meaning:

• The at-fault party had a duty of care towards you: This means they have a responsibility to protect others by following the law and behaving in a reasonable manner.
• The at-fault party breached their duty of care: For example, if someone causes an auto accident by running a red light, this constitutes a breach of duty to other drivers.
• The at-fault party’s negligence caused your accident: Your accident would not have happened, or would not have been as serious, if not for the liable party’s negligence.
• The accident caused your pain and suffering: This could include suffering that results from injuries like broken bones, nerve damage, back injuries, spinal cord injuries, and brain injuries.

Our law firm pursues damages for pain and suffering and other losses on behalf of victims injured in:

• Car accidents
• Truck accidents
• Bicycle accidents
• Bus accidents
• Motorcycle accidents
• Construction accidents, including incidents involving falls, heavy equipment, and building collapses
• Slip and fall accidents and other premises liability incidents
• Medical malpractice

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Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

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How Is Pain and Suffering Calculated in NY Personal Injury Cases?

Pain and suffering is calculated on a case-by-case basis with numerous factors involved. There is no precise mathematical calculation, but very often it comes down to what an insurance company believes a jury would award if your case went to trial based on:

• The nature of your Injuries
• The severity of your pain
• The duration and type of medical treatment
• Your own role in causing the accident
• The impact on your daily living, including both recreational pursuits and employment

Our legal team pursues personal injury settlements in NY by collecting evidence that demonstrates how serious your injuries are and how long they will affect you. Materials that could strengthen your case file include:

• Your medical records, which detail the symptoms you have experienced and your provider’s official diagnosis and treatment recommendations
• Statements from experts who can estimate what impact your pain and suffering will have in the long term
• Statements from people who know you and can discuss how your physical and emotional distress has affected you
• Photos of your injuries

Factors That Affect Pain and Suffering Settlement Amounts in NY Cases

Our legal team knows how to pursue reasonable compensation for our clients. Some of the factors we use to determine how much pain and suffering you may receive as part of your settlement are:

Whether Your Injuries Are Temporary or Permanent

The longer you experience injury symptoms, the more money you could receive.

The Severity of Your Injuries and Symptoms

Similarly, an accident victim with a catastrophic injury may be able to pursue more than a victim with a less severe injury, even if both victims sustained permanent losses.

How Your Injuries Impact You

Your professional, social, and family life could all be impacted by your physical and psychological symptoms. We will take into account all of the ways your daily routine, your career, and your relationships with others have changed because of your injuries.

If You Contributed to the Accident

Victims who contributed to their own injuries can still recover compensation, but their settlement may be reduced according to their degree of fault.

Be aware that the insurer may try to exaggerate your share of liability to reduce what they must pay. Our firm will fight back to protect your rights.

How Can I Get Just Compensation for My Pain and Suffering in NY?

You can protect your right to appropriate compensation by:

Seeking Medical Help

Getting medical treatment promptly after your accident is always critical. Whether you go to the emergency room, visit a walk-in clinic, or see your regular doctor will depend on how you feel right after the accident and any concerns about your health.

Collecting Evidence

If possible, take photos of the accident scene and get the at-fault party’s contact and insurance information before you leave. Depending on where and how you were injured, you should also file a report with the New York City Police Department and/or the property manager. Save all paperwork (e.g., bills) connected with the accident.

Contacting Our Personal Injury Lawyers

Insurance companies often act quickly in the wake of an accident. They may contact you right away and pressure you to sign a settlement agreement before you have a chance to consider your options or fully understand the extent of your injuries.

You do not have to deal with the insurer on your own. A personal injury lawyer from our office will handle all aspects of your case from start to finish.

Get Just Compensation for Your Personal Injury

Oresky & Associates, PLLC, has spent over 30 years representing injury victims throughout New York City. Now, our lawyers want to go to work for you to get you the compensation you deserve for your pain and suffering. Contact us at (718) 993-9999 today for a free consultation. Our bilingual team will charge no attorneys’ fees unless and until you recover compensation.