If you’re reading this, you may be dealing with the aftermath of a serious accident or injury. We understand that you might be feeling overwhelmed, confused, or uncertain about your legal rights and options. It’s natural to feel this way after suffering physical or emotional harm. Many people who are injured in accidents have a lot of questions about what they can be compensated for, including pain and suffering.
At Andrews, Bernstein & Maranto, we are here to help guide you through the legal process. We know how complicated and frustrating it can be to navigate a personal injury case, and we are committed to helping you understand what pain and suffering damages are and how they may apply to your case. Our goal is to ensure you get the compensation you deserve so that you can focus on your recovery, both physically and emotionally.
What Are Pain and Suffering Damages?
In a personal injury case, pain and suffering damages are meant to compensate you for the physical and emotional distress you have experienced due to your injury. These damages are separate from other types of compensation, such as medical bills or lost wages, which are based on actual expenses. Pain and suffering, on the other hand, are not easily measured because they are subjective and personal to each individual.
When you are hurt in an accident, whether it is a car crash, a slip and fall, or an accident at work, the pain you experience is only part of what you go through. The trauma may affect your ability to work, your relationships, and your mental health. The emotional toll can often be just as significant, if not more so, than the physical injuries. Pain and suffering damages are designed to help you recover for these impacts that can’t be measured by just bills and lost wages.
Benjamin J.
Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Anthony
Iacono
Attorney
Robert J.
Maranto, III
Attorney
Types of Pain and Suffering
Pain and suffering can be broken down into different categories. It can refer to physical pain, emotional suffering, and even the loss of enjoyment of life. Physical pain refers to the actual discomfort, aches, and pain that come with your injuries. This could be something as simple as a broken bone or as severe as chronic pain from a long-term condition caused by the injury.
Emotional suffering is another important part of pain and suffering damages. This includes feelings of anxiety, depression, anger, fear, and distress caused by the accident. For example, if your injury limits your ability to participate in activities you once enjoyed or if it causes significant changes to your lifestyle, you may be entitled to emotional suffering compensation.
Another category is the loss of enjoyment of life. This refers to the things you can no longer do because of your injury. If you were active and enjoyed sports, for example, but now are unable to participate due to the pain or disability from your injury, this is a valid factor in determining pain and suffering damages. The loss of certain activities or the inability to live life the way you once did can have a profound impact on your emotional well-being.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
How Are Pain and Suffering Damages Calculated in New York?
In New York, there is no set formula for calculating pain and suffering damages. Unlike medical bills or lost wages, which can be backed up with invoices and pay stubs, pain and suffering are more difficult to quantify. However, there are methods and guidelines that personal injury attorneys use to estimate an appropriate amount for these damages.
One common method used to determine pain and suffering damages is the multiplier method. This method takes the total of your economic damages (medical bills, lost wages, and other tangible costs) and multiplies it by a number, typically between 1.5 and 5, depending on the severity of your injuries. For example, if your medical bills and lost wages total $20,000, and your injuries are considered severe, your attorney may apply a multiplier of 3, resulting in an estimated pain and suffering damage award of $60,000.
Another method used is the per diem method. This approach assigns a specific value to each day of your suffering. Your attorney will determine a daily rate based on factors like your normal life activities and how much the injury has affected you. This method can be helpful in cases where pain and suffering are more chronic and long-lasting.
Factors That Influence Pain and Suffering Damages
When determining how much you may receive for pain and suffering, there are several important factors that attorneys and judges consider. The severity of the injury is one of the most significant factors. If your injury is severe and likely to cause long-term or permanent pain, your damages award will typically be higher. This could include injuries such as brain damage, spinal cord injuries, or limb loss.
The length of time you will experience pain and suffering also plays a role. If your injury is expected to require long-term treatment or cause ongoing pain for many years, your damages may be higher than if you recover relatively quickly. Additionally, if you are expected to need future medical care for your injury, this could also increase the amount of pain and suffering compensation you are entitled to.
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Another factor is the impact of the injury on your daily life. If your injury prevents you from working, participating in hobbies, or interacting with loved ones as you once did, this could lead to a higher pain and suffering award. Emotional and psychological consequences are also considered. If the injury causes depression, anxiety, or other emotional distress, this is an important factor in calculating damages.
Proving Pain and Suffering in a Personal Injury Case
Unlike economic damages, which are straightforward and can be proven with receipts and bills, pain and suffering damages require more detailed proof. Your attorney will gather evidence to show the extent of your pain and suffering, including medical records, testimony from doctors, and statements from family and friends. Sometimes, expert testimony is used to explain the long-term effects of an injury or to describe the emotional toll it has taken on you.
In some cases, it can be helpful to keep a journal or log of your pain and suffering. Writing down the physical and emotional challenges you face every day can provide evidence of the impact the injury has had on your life. This record can be useful when discussing your case with an attorney or presenting it in court.
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How an Attorney Can Help You Get Fair Compensation
At Andrews, Bernstein & Maranto, we understand that securing compensation for pain and suffering is an essential part of your personal injury claim. While no amount of money can take away the pain you’ve experienced, the right legal team can help ensure that you are compensated fairly. We know how difficult it can be to manage your pain while dealing with the stress of a legal case, and that’s why we are here to take the burden off your shoulders.
Our team has experience working with personal injury victims throughout New York. We understand how the law applies to your situation and how to negotiate with insurance companies to get you the best possible outcome. We will fight for your rights and ensure that the compensation you receive reflects the full extent of your pain and suffering.
If you or a loved one has been injured and is dealing with pain and suffering, it’s important to have the right legal support by your side. Contact us today for a consultation, and let us help you navigate the complexities of your case with confidence. At Andrews, Bernstein & Maranto, we are dedicated to helping you get the compensation you deserve.