Pain and Suffering in a Personal Injury Case

Non-Economic Damages a/k/a “Pain and Suffering”

Non-economic damages are known as the injured person’s “pain and suffering.” Pain and Suffering falls into two categories, “physical pain and suffering” and “mental pain and suffering.”

Physical pain and suffering includes the pain and physical discomfort resulting from:

• The physical injuries from the accident,

• Medical expenses resulting from necessary medical procedures (such as surgery) needed to treat the accident victim’s injuries, and

• the claimant’s day-to-day recovery process (such as physical therapy).

Mental pain and suffering results from the injured person’s physical injuries. In assessing damages, the jury may give similar importance of mental pain and suffering to physical pain and suffering. Typically, mental pain and suffering may manifest as the following:

• Mental anguish

• Depression

• Anxiety

• Sleeplessness

• Cognitive changes following a traumatic brain injury (TBI)

• Mood swings

• Reduced appetite

• Depression

• Loss of consortium

Suing Pain and Suffering in New York

Filing a personal injury lawsuit in New York requires a serious injury. 

How is a Serious Injury Defined in New York

• Permanent loss of use of a body organ, member, function, or system

• Permanent consequential limitation of a body organ or member

• Significant limitation of use of a body function or system

• An injury that limits your ability to live normally for at least 90 days during the 180 days immediately following your accident

Establishing Liability for Pain and Suffering

In order to establish liability for pain and suffering, New York state law requires an injured person to prove that another party’s negligence, reckless or wanton behavior is the cause for their injuries.

An injured person may recover damages for pain and suffering by demonstrating the following:

• A Serious Injury: To qualify for non-economic damages, you must prove the seriousness of your injuries.

• The injury causes continuous or chronic pain: This includes causes migraines or a disability that affects activities of daily living such as with walking, standing, or bodily function.

• It affects an accident victim’s quality of Life: You may not be able to perform household tasks, hobbies, or enjoy moments with your partner because of your injury. This evidence can show how your pain and suffering has impacted your quality of life.

• The other party’s negligence is the proximate cause for the serious injury: Another person’s negligence, recklessness or wanton behavior is the actual cause for your serious injury which has led to noneconomic damages which serves as the basis of your lawsuit. 

A settlement calculator is a formula used by an insurance company to calculate pain and suffering damages. Insurance companies use one of two primary methods to calculate the value of pain and suffering damages. 

The Multiplier Method

This formula determines pain and suffering damages by multiplying actual economic damages such as medical expenses by a set number, the multiplier. The multiplier is usually between 1.5 and 5, with a higher multiplier for more serious injuries.

The “Per Diem“ Method

This formula determines pain and suffering damages by estimating the number of days your pain continues and paying a set rate for it. The daily rate paid is often equal to a day’s wages.

Call a Koenig Pierre Today

Do you need to speak to a NYC personal injury lawyer regarding pain and suffering? Call 1-800-946-4616, and scheduled a free consultation. He is a trusted attorney that will help you get the best results possible for your personal injury case in New York.