There are few things worse than sustaining a serious injury at the hands of a negligent party. People are wrongfully injured in New York City every day. You’re likely seeking financial compensation if you were hurt because of someone else’s negligence—in a car accident, a slip and fall, or another incident. Our legal team at Mirza Law is here to help you secure compensation that can cover both economic and non-economic damages caused by your accident.
A person may receive compensation for “pain and suffering.” Yet, how is that defined? Below, we break down what pain and suffering genuinely mean, how it is calculated, and what steps you need to take to protect your right to compensation.
Pain and Suffering in a Personal Injury Claim
When an accident happens due to someone else’s negligence, the injured person may receive compensation for economic damages.
These damages cover:
- Physical Pain: Chronic discomfort, mobility limitations, nerve damage, or permanent disability resulting from the injury.
- Emotional Trauma: Anxiety, depression, PTSD, or other psychological distress caused by the accident and its aftermath.
- Loss of Enjoyment of Life: Inability to engage in hobbies, exercise, or daily activities that once brought joy.
- Scarring and Disfigurement: Permanent physical changes that impact self-esteem and emotional well-being.
In a personal injury claim, pain and suffering refer to both physical pain and emotional trauma caused by an accident. For example, someone with a traumatic brain injury may seek compensation for the physical pain they’ve experienced. They can also sue for emotional distress, such as insomnia, PTSD, cognitive changes, or other psychological effects resulting from the injury.
How Is Pain and Suffering Calculated?
Since pain and suffering are not tied to direct financial costs, courts and insurance companies use different methods to calculate these damages in a personal injury claim. Some of the most common approaches include:
The Multiplier Method
The multiplier method takes the total economic damages (such as medical expenses and lost wages). It multiplies them by a number typically ranging from 1.5 to 5, depending on the severity of the injury.
For example, if a victim’s medical expenses and lost wages add up to $50,000 and the multiplier is 3, their pain and suffering damages would be valued at $150,000.
The Per Diem Method
This approach assigns a daily dollar amount to the victim’s pain and suffering. Then, multiply it by the number of days they experience symptoms. The per diem rate is often based on the victim’s daily earnings. However, other factors—such as the long-term impact of the injury—can influence this calculation.
Case-Specific Evaluations
Judges and juries may assess pain and suffering based on evidence. Examples include medical records, testimony from mental health professionals, and personal statements from the victims and their loved ones. Documentation showing the extent of pain, therapy records, or lifestyle changes caused by the injury can be necessary in determining the final award.
Proving Pain and Suffering in a Personal Injury Claim
Since pain and suffering damages are subjective, providing strong evidence is key to a successful claim. The more detailed the proof, the more persuasive your case will be. Fundamental forms of evidence include:
- Medical Records: Documentation of treatments, surgeries, prescriptions, and physician notes describing your pain levels and prognosis.
- Expert Testimony: Insights from medical professionals, psychologists, or physical therapists explaining how the injury affects your life.
- Personal Testimonies: Statements from family, friends, or coworkers describing the impact of the injury on your daily activities and relationships.
- Pain Journals: Written records detailing daily pain levels, emotional struggles, and changes in physical abilities.
This type of documentation helps show a complete picture of how your injury has affected you. It can increase the likelihood of receiving fair compensation.
How Long Do You Have to File a Personal Injury Claim in New York?
If you were injured in New York City, you have limited time to file a personal injury claim. In most cases, the statute of limitations is three years from the accident date. However, some exceptions may shorten this deadline. For example:
- Claims against a government entity (such as a slip and fall on city property) require notice within 90 days and a lawsuit within one year and 90 days.
- Medical malpractice claims typically must be filed within two and a half years from the date of the malpractice.
- Wrongful death cases must be filed within two years from the date of death.
Missing these deadlines can result in losing the right to seek compensation. Because of this, speaking with a personal injury attorney as soon as possible can make all the difference in your case.
Get the Legal Support You Deserve
If you were hurt in an accident due to someone else’s negligence, you don’t have to face the legal process alone. At Mirza Law, we have extensive experience helping New York City injury victims recover the financial compensation they deserve. Life can become difficult after a serious injury. Hence, we are here to fight for your rights.
Our legal team is ready to build a strong case on your behalf. We will use medical records, expert testimony, and other evidence to show the full extent of your pain and suffering. We will negotiate with insurance companies to pursue the maximum compensation possible—and, if necessary, take your case to court to fight for justice.
If you believe you have a valid personal injury claim, contact us today for a consultation. Call or contact us online to discuss how we can help you move forward.