How much pain and suffering compensation you may be entitled to after a car accident, directly depends on the extent of your injury. The pain and suffering damages are not calculated on a pay-per-day or hourly basis, but rather on the severity of injuries. Compensation for victims of car accidents typically falls into two categories: specific damages and general damages. Specific damages include things such as the repair cost for your car after the accident, lost wages during the time your vehicle was being repaired, and medical treatment charges that you have incurred as a result of the accident. General damages on the other hand are more subjective and take into account things such as physical pain and mental anguish, emotional distress, or loss of enjoyment of life. If you’ve been injured in a New York car accident, it is important to speak with an experienced NYC car accident attorney today, call Kucher Law Group for a free consultation at (929) 274 8000.
What is Pain and Suffering as defined by New York Law?
The physical and mental anguish suffered by victims of a car accident is called pain and suffering. This does not include medical expenses that can be easily calculated. Pain and suffering refer to the loss of ability, comfort, happiness, and opportunities that result from serious injuries after a motor vehicle accident in NY.
Examples of Pain and Suffering
This category includes both emotional and physical suffering. The following are examples of suffering and physical pain:
- Long-term disability
- Life expectancy has been reduced
- Future and present physical limitations
- Daily life complications
- Pain and discomfort in the body
- Scarring, amputations, or burns can cause significant disfigurement.
- Persistent loss of bodily function
- Traumatic brain injury (TBIs).
Here are some examples of emotional suffering and pain:
- Anxiety or depression
- Post-traumatic stress disorder (PTSD).
- Modifications to sleeping and eating habits
- Loss of enjoyment in life, or the things you used to enjoy
- Mood swings
- Fear, anger, and humiliation
In a NY car accident case, you may be allowed to include non-economic mental, and physical harm as well as pain and suffering. An experienced attorney in car accidents can help you decide what constitutes pain and suffering in your case.
Why Do I Need a New York Car Accident Lawyer?
Legally, it may be difficult to sue for physical pain and emotional injuries following a car accident. When you hire an experienced lawyer from Kucher Law Group to represent you, you can rest easy knowing that they will fight for your rights and work hard to get you the maximum compensation allowable under the law.
How are Pain and Suffering Damages Calculated?
Although medical bills, vehicle repairs, lost wages, and lost income are easy to quantify, it is difficult to calculate pain and suffering damages. Your attorney will use one or more methods to calculate your pain and suffering and justify these calculations to the insurance companies, judges, or juries, depending on how difficult it is to quantify.
Methods of Calculating Suffering and Pain Damages
Insurance companies and attorneys often use two types to calculate suffering and pain damages.
This is the most commonly used method. This involves determining the economic damages. These can include past and projected medical expenses, lost wages, lost earning potential, and property damage. This amount is then multiplied by a number, usually between 1.5 to 5. The multiplier increases the more severe the injury.
Per Diem Approach
This method gives a dollar amount to the victim for every day they sustain an injury until they recover. Often this is the victim’s daily income.
Your settlement will not be calculated by attorneys or insurers. Factors you may not expect to be included, such as your doctor and whether or not you are receiving any treatment based on recommendations. Sometimes insurance companies use software programs that use sophisticated algorithms to determine your settlement amount. This includes taking into consideration both the type and extent of your injuries and any medical treatment you need.
What Are Some Factors That Affect Calculation After A Car Accident?
When calculating pain-and-suffering damages, judges, juries, or insurance adjusters take into account a variety of factors. These factors may include:
- Types of injuries sustained
- How long was the pain?
- The severity of the pain
- The location and nature of scarring/disfigurement
- The impact of pain on victim’s lives
- Time to recover
- Anticipate future problems
- Age at injury
- An attorney may provide evidence
These factors may all play a role in pain and suffering calculations
Call New York’s Top Rated Car Accident Lawyers Today
If you or someone you love has been hurt in a car crash, New York’s top-rated lawyers at Kucher Law Group are here to help fight for the compensation you deserve. Call now (929) 274 8000 for a no-obligation, free case evaluation. We are here to help.