If you have suffered an injury due to another party’s negligence, the consequences often go beyond physical wounds. Victims frequently endure persistent pain and a reduced quality of life. These non-economic damages are commonly referred to as “pain and suffering” damages, which can greatly impact the total value of a personal injury claim. We will delve into how these damages are calculated in New York personal injury settlements and how our dedicated Queens Personal Injury Attorneys can help you fight for the compensation you deserve.
What Are Pain and Suffering Damages in a New York Personal Injury Case?
In New York personal injury law, pain and suffering are financial compensation that an accident victim can recover for the physical pain and emotional distress they have suffered as a result of the negligent actions of another person. These damages are considered non-economic damages, as they do not represent a fixed monetary loss, like medical bills or lost income.
Types of Harm That Can Be Considered Pain and Suffering
Pain and suffering damages can include a variety of physical and emotional impacts, such as:
- Chronic pain after an accident
- Emotional distress like anxiety, depression, or PTSD
- Permanent scarring and disfigurement are impacting confidence and self-image
- Loss of companionship
- Difficulty sleeping or insomnia caused by psychological stress
What’s the Difference Between Economic and Non-Economic Damages?
When you file a personal injury claim in New York, you can generally seek compensation for your economic and non-economic damages. To pursue the maximum recovery allowed by law, it’s crucial to understand the difference between these two types of losses, as this knowledge will help you determine the potential worth of your claim and how an attorney can assist you.
Economic damages represent the out-of-pocket costs you have endured as a result of your injuries. These losses can be easily calculated and proven with documentation. Economic damages may include medical expenses, lost wages, and property damage.
Non-economic damages, on the other hand, compensate for the intangible harm that doesn’t come with a receipt. They reflect the emotional and psychological impact of being injured. These damages may include emotional distress, loss of enjoyment of life, and disfigurement.
Economics vs. Non-Economic Damages
- Economic Damages
- Medical bills
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disability
Understanding the compensation you may be entitled to following an accident in the Bronx, Queens, or anywhere in the New York City area can help you better understand how to prepare your personal injury claim.
How Are Pain and Suffering Calculated in a Personal Injury Claim?
Pain and suffering fall under the non-economic damage category, which encompasses both the physical discomfort and mental anguish resulting from your injury. Insurance companies often rely on using either the multiplier or the per diem method to calculate pain and suffering in a personal injury settlement.
The multiplier method is frequently used, where the total sum of your economic damages is multiplied by a factor, typically between 1.5 and 5, based on the severity of your injury. A higher multiplier is used for more catastrophic injuries. For instance, a permanent or life-altering injury might use a multiplier of 4 or 5. If your economic damages amount to $20,000 and your injuries are moderate, warranting a multiplier of 3, your pain and suffering would be $60,000.
The per diem method, in contrast, assigns a specific monetary value to each day of suffering. The daily amount is then multiplied by the number of days you experienced pain. The daily rate is usually based on your daily wages. For example, if your suffering is valued at $200 per day and the person suffered for 180 days, the total would be $36,000.
Common Methods Used to Calculate Pain and Suffering
Insurance companies and attorneys will generally use one of two common methods to determine the amount of compensation someone is owed for pain and suffering following an injury.
- Multiplier Method
- Economic damages are totaled
- A multiplier between 1.5 and 5 is determined by the severity of the injuries
- The total economic damages are multiplied by the number to determine pain and suffering
- Per Diem Method
- A daily monetary value is assigned to the victim’s pain and suffering
- The amount is multiplied by the number of days the victim experienced pain, OR
- The amount is multiplied by the number of days it took the victim to reach maximum medical improvement (MMI)
- The rate is based on factors like the victim’s income and the severity of the suffering
What Factors Do Insurance Companies Consider When Calculating Pain and Suffering?
Insurance companies will examine multiple aspects of a personal injury claim when determining how much compensation to award an injury victim for their pain and suffering. However, two of the most important factors are the severity of the injury and the impact it has on the victim’s normal life.
Key Factors That Can Impact Pain and Suffering Damages
- The severity of the injuries sustained as a result of the accident
- The length of the recovery period and whether additional treatment is needed
- Whether injuries lead to long-term or permanent disabilities
- The impact on the victim’s ability to work or perform daily duties
- Whether medical records support the injured party’s claims
It should be noted that inconsistent accounts of your suffering can reduce the value of your claim, while consistent testimony that aligns with medical evidence will bolster it.
Reach Out to a New York City Personal Injury Attorney Today
At The Law Offices of George Poulos, we are prepared to fight for the maximum compensation to which you are entitled. Our legal team can negotiate on your behalf and help prove how your injuries have impacted your well-being. Connect with our firm today to schedule a consultation.