New York is a no-fault state. 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.
Before it’s too late, it is recommended that you speak with an experienced Brooklyn car accident lawyer to guide you through the process of calculating pain and suffering after a car accident in New York City. At Kucher Law Group, our lawyers have a deep understanding of New York’s legal system. We can provide you with the guidance needed to assess the full extent of your pain and suffering, ensuring that you receive the justice and compensation you deserve. Contact us today at (929) 563-6780 to schedule a consultation.
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.
Pain And Suffering Settlement Examples
Every settlement which involves the awarding of compensation considers various crucial factors. These factors encompass the seriousness of the injury, the type of medical treatment administered, the duration of the recovery process, and any potential long-term effects resulting from the injuries. Additionally, the amount of available insurance coverage and the specific nature of the case play significant roles in this process.
Based on data provided by the Insurance Information Institute, the average payout for injuries resulting from car accidents is approximately $23,234. Motor vehicle operators are obligated to maintain insurance policies with a minimum coverage requirement, and this requirement can significantly affect the average settlement amount related to pain and suffering.
However, each case is unique, and the settlement amount offered is heavily influenced by the specific circumstances, including the severity of the injury and other relevant factors. As a result, settlements can vary widely, ranging from a few thousand dollars to hundreds of thousands or even millions of dollars.
Most settlements include confidentiality clauses that prevent the plaintiff from disclosing the settlement amount. This results in a lack of precise data available regarding the largest settlements ever reached or even typical settlement amounts.
However, numerous instances still progress to the trial phase, ultimately resulting in a verdict handed down by the court. This verdict plays a crucial role in determining the amount of compensation awarded to the plaintiff, and it can be a valuable reference point for assessing the worth of a particular case.
Getting the help of a Brooklyn car accident lawyer can guide you in getting the compensation you deserve. At Kucher Law Group, our lawyers have extensive experience in pain and suffering settlement cases. We understand how to guide you through the legal system to secure the compensation you deserve. Contact us today to schedule a consultation and let us guide you towards a fair resolution.
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.
What Is the ‘Serious Injury’ Threshold Under New York’s No-Fault Laws?
Under New York’s no-fault insurance system, the “serious injury” threshold is a legal standard that must be met for a car accident victim to pursue a lawsuit for personal injuries rather than simply claiming benefits under their own insurance policy. According to New York Insurance Law § 5102(d), a serious injury encompasses several specific types of harm.
These types of harm include death, dismemberment, severe disfigurement, a fracture, loss of a fetus, permanent loss of use of a body part, organ, or function, permanent restriction in the use of a body part or organ, significant limitation of use of a body function or system, or a medically diagnosed injury or impairment of a temporary nature that prevents the injured person from performing most of their regular daily activities for at least 90 days within the 180 days following the injury or impairment.
Legal cases such as Toure v. Avis Rent A Car Sys. and Pommells v. Perez have further defined and clarified the evidence required to prove such injuries meet the serious injury threshold. This evidence often includes medical records, medical testimony, and detailed documentation of the victim’s daily life impacts.
For car accident victims in Brooklyn, understanding and demonstrating that an injury meets this serious injury threshold is crucial for stepping outside the no-fault system to claim damages such as pain and suffering or other non-economic losses. This legal requirement is designed to limit the number of lawsuits and to streamline the process of compensation through no-fault insurance benefits, focusing court resources and recovery efforts on more severe cases.
How Much Is Pain and Suffering Worth?
In New York, there isn’t a set amount for claiming pain and suffering after a car accident. If you’ve suffered injuries due to someone else’s negligence in a car crash, you have the right to seek compensation for pain and suffering.
When calculating the compensation for pain and suffering, courts consider various factors like the extent of injuries, recovery duration, and the impact on the victim’s daily activities and life. The long-term effects on the victim’s physical and emotional well-being are also taken into account. The court may also consider medical records, and prescription information as evidences. In addition to medical records, photographs of the injuries can be presented as evidence to provide a visual representation of the damage caused.
It’s critical to seek the help of a skilled car accident attorney in New York if you’re pursuing compensation for pain and suffering. An experienced lawyer can help you understand the claims process and gather the necessary evidence to support your case. At the Kucher Law Group, our team of experienced New York car accident lawyers may be able to help increase your chances of getting the compensation you deserve. Call us today at (929) 563-6780 to schedule a consultation.
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 Pain and Suffering Damages
Insurance companies and attorneys often use two types to calculate suffering and pain damages.
Insurance companies and attorneys often use two types to calculate suffering and pain damages.
- Multiplier Method: 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.
| Methods of Calculating Suffering and Pain Damages | Details |
|---|---|
| Multiplier Method | Economic damages (medical expenses, lost wages, earning potential, property damage) are calculated and then multiplied by a factor (usually 1.5 to 5) based on the severity of the injury. |
| Per Diem Approach | The victim is compensated with a daily amount for each day they suffer from the injury until they recover, often equivalent to their daily income. |
What Is a Typical Amount for Pain and Suffering?
When calculating compensation for pain and suffering, the common approach involves first determining the total economic damages and then applying a multiplier to this amount. Economic damages can include medical expenses, lost wages, and other financial losses directly related to the injury or incident.
The multiplier used to estimate pain and suffering typically ranges from 1.5 to 5. This multiplier is adjusted based on the severity and impact of non-economic damages, such as pain, emotional distress, and loss of quality of life. More severe and debilitating cases often warrant a higher multiplier.
For example, if you have economic damages amounting to $100,000 due to medical expenses and lost wages, and a multiplier of 1.5 is applied, your pain and suffering compensation would be calculated as $150,000. This is determined by multiplying the $100,000 in economic damages by 1.5.
The exact multiplier used can vary depending on factors such as the nature of the injury, the expected duration of recovery, and the overall impact on the individual’s daily activities and future. Consulting with a legal professional is crucial, as they can evaluate the details of the case and help establish the most suitable multiplier, ensuring fair compensation for the pain and suffering experienced.
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) 563-6780 for a no-obligation, free case evaluation. We are here to help.
from Kucher Law https://www.rrklawgroup.com/how-is-pain-and-suffering-calculated-after-a-car-accident-in-new-york-city/
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