When an individual sustains an injury in New York due to someone else’s negligence, regardless of whether it’s from a collision, a slip and fall incident, a defective product, or medical malpractice, the repercussions often extend beyond physical wounds. Victims frequently endure persistent pain, mental anguish, and diminished quality of life. These non-economic losses are categorized as “pain and suffering” damages and significantly influence the total valuation of a personal injury claim. Please continue reading as we explore how these damages are calculated in a New York personal injury settlement and how a determined New York City Injury Lawyer can assist in substantiating such claims effectively.
What Does “Pain and Suffering” Mean in a New York Personal Injury Case?
In a New York personal injury case, damages generally fall into two main categories: economic and non-economic. It’s crucial to understand the difference between these losses as it directly impacts the legal strategies pursued and the amount of compensation you can receive.
Economic damages refer to your out-of-pocket losses that can easily be calculated through receipts, such as medical bills, rehabilitation expenses, lost wages, or property damage. These costs have a clear monetary value. Non-economic damages, on the other hand, compensate you for the intangible impact of your injuries, such as physical pain, emotional distress, or the inability to enjoy daily activities. Pain and suffering fall under this category. These damages recognize that while financial compensation cannot reverse the incident, it can help mitigate the lasting effects of the emotional trauma endured.
How is Pain and Suffering Calculated?
Insurance companies often rely on the multiplier or per diem method to calculate pain and suffering. The multiplier method is the most common approach, where economic damages are multiplied by a factor between 1 and 5, based on the severity of the injury. For instance, if your economic damages total $15,000 and your injuries are moderately severe, a multiplier of 3 would result in $45,000 for pain and suffering.
The per diem method assigns a specific dollar amount to each day you suffered as a result of your injuries. For instance, if your daily rate is set at $200 and your suffering persists for 100 days, your pain and suffering would equal $20,000.
How Can an Attorney Help?
Given the subjective nature of these damages, it’s in your best interest to enlist the help of an experienced attorney at The Bàez Legal Group. Our legal team can help you document your pain, collaborate with experts who can testify about how your injuries have impacted your well-being, negotiate with insurance companies, and represent your interests in court if necessary. We will fight for the compensation you deserve and need to get your life back on track. Connect with our firm today to schedule a consultation.
