Pain is personal. We can never fully know how each person will experience the same injury. For that reason, there is no set amount of damages for the pain experienced by negligence victims. Instead, a pain and suffering lawyer serving Long Island from Rosenberg & Gluck, L.L.P can assess your individual pain and pursue the compensation you deserve.
For a free legal consultation with a pain and suffering lawyer serving Long Island, call 516-451-7900
Personalized Damages for Your Personal Injury
Pain and suffering is a category of damages on its own. This compensation considers the physical, psychological, and emotional pain you sustained due to someone else’s negligence. However, other related damages you may be eligible to receive include:
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Reduced earning capacity
- Other economic damages
These damages all refer to a specific facet of your experience. For example, if you were in an automobile collision and suffered serious burns, you could be entitled to damages for the scarring as well as the anguish and trauma of being burned.
Pain and suffering cases seek to acknowledge the past while also providing for your future. Some injuries leave victims with far more than bad memories or scars, such as changes to their ability to work or live their lives. These consequences may not be represented by a specific bill to be reimbursed, but they do represent a loss that should be compensated.
How These Damages Are Applied to Your Case
Our pain and suffering attorneys take a holistic approach to your Long Island case. One injury can affect several areas of your life—all of which should be considered in your compensation. Therefore, we evaluate the injury’s impact on your:
- Mental health
Perhaps you slipped and sustained a traumatic brain injury (TBI). According to Johns Hopkins Medicine, TBIs can cause cognitive deficits, behavioral changes, sensory processing issues, and more. If your TBI left you with impaired hand-eye coordination, difficulty multitasking, and trouble with your memory, you may no longer be able to enjoy a beloved hobby, like video games, puzzles, or playing an instrument.
Losing the ability to engage in an activity that brought you joy and fulfillment is no small thing, and the person responsible should be held accountable. Likewise, we can include any struggles with depression, anxiety, insomnia, or PTSD, as well as any changes you were forced to make in your career because of this injury. Essentially, any corners of your life negatively touched by this incident will be explored by our team.
Pain and Suffering Damages May Be in Addition to Other Compensation
Do not forget that many other expenses related to your injury could be reimbursed, including:
- Emergency care
- Hospital bills
- Physical therapy
- Assistive equipment (e.g., wheelchair)
- Lost income
Pain and suffering is just one avenue for compensation we can discuss as we work on your case. You are already paying for the consequences of someone else’s actions by being injured. Our team will do everything we can to ensure that you do not have to pay anything else.
Long Island Pain and Suffering Lawyer Near Me 516-451-7900
Personalized Attention Throughout Your Case
It is all in the name—you are seeking pain and suffering damages because you have been through a painful ordeal. Yet it is precisely because of that ordeal that you probably feel overwhelmed by the work necessary to get legal help.
At Rosenberg & Gluck, L.L.P., we do not want the process of seeking the compensation you deserve to be an additional strain during this already difficult time. In fact, this pursuit should have the opposite effect, alleviating your fears and helping you receive closure.
To make things easier, we can handle your case from beginning to end:
- Free initial consultation and investigation
- Evidence gathering and research
- Settlement review and negotiation
- Lawsuit filing and preparation
- Witness and expert interviews
- Further negotiation for a settlement
- Representing your case at trial
Our Team Is Here for You Every Step of the Way
At every step, we will continue to update you on any changes or progress. You can also reach out to us with your questions or concerns. Our pain and suffering lawyers and support staff are available 24/7 with two convenient locations serving Long Island.
Our client testimonials showcase our commitment, such as this review from Lisa S.:
“I want to thank Rosenberg & Gluck and their entire staff for helping me through difficult times after my accident. When I needed someone to talk to, they were there. Words can’t explain how much I appreciated their kindness, their wisdom, and their highly professional staff. They never gave up on my case, when sometimes I did. They constantly reassured me that everything would be okay.”
Qualifications for Pursuing Pain and Suffering on Long Island
If you are involved in a motor vehicle collision in New York which falls under No-Fault, your injury may limit your ability to pursue pain and suffering compensation. According to New York law, serious injuries are grounds to sue for pain and suffering when involved in a qualifying motor vehicle collision. Per NY ISC § 5102(d), serious injuries include:
- Serious disfigurement
- Loss of a fetus
- Loss of use of a body organ, member, function, or system
- Permanent limitation of use of body organ or member
- Significant limitation of use of a body function or system
- Non-permanent injury or impairment that interferes with daily life
Obviously, these criteria apply to a wide variety of conditions and injuries, from broken legs to burns. Even a minor car collision can cause serious injury, such as facial scarring from glass lacerations or soft tissue injuries that reduce your ability to function.
Because several conditions may qualify, do not let anyone convince you that your injuries are not severe enough to warrant legal action. Insurance companies often belittle injuries, especially invisible ones like PTSD or emotional distress, in an attempt to get victims to settle quickly or drop a case. Our team will compile evidence to demonstrate why your injury is serious and deserves pain and suffering consideration, along with other damages.
These limitations do not apply to other types of accidents, such as a slip or trip and fall.
What Evidence Is Used to Prove Pain and Suffering?
Some common forms of evidence include:
- Medical records
- Employment records
- Photos and video
- Witness testimony
- Personal testimony
- Expert testimony
Your medical records can create proof of pain by showing that you sought a doctor’s help. Employment records can illustrate how your pain and suffering has affected your work—missing days, reducing your hours, or perhaps even being forced to quit.
We can also use your own words. How do you experience pain on a regular basis? What hobbies and life experiences have been tainted? What everyday activities are a challenge or no longer possible?
A combination of physical records and personal stories provides a well-rounded picture of your predicament. While your testimony alone can be downplayed by an insurance company or negligent party, official paperwork, detailed timelines, and expert analyses are harder to dismiss.
Expert Testimony Can Be Particularly Helpful
Consulting authority figures can add validation to your case and provide important context. Our pain and suffering attorneys on Long Island may consult:
For example, a doctor can attest to your chronic pain by linking it to a depression diagnosis, changes in your appetite, or tense muscles. These symptoms are all listed by the Cleveland Clinic as consequences of the stress caused by pain.
Similarly, actuaries and economists can provide evidence of how your injury will alter your ability to earn a living in the future. The mental and emotional ramifications of pain and suffering can also be supported by therapists and psychologists. These experts can validate how your emotions and mental health have been affected by someone else’s negligent actions.
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Many Types of Personal Injury Cases May Include Pain and Suffering
At Rosenberg & Gluck, L.L.P., we handle many different personal injury cases, any of which could include pain and suffering damages.
For instance, you could qualify for compensation if you were involved in a collision with a:
- Motor vehicle
- Commercial truck
Yet pain and suffering is not limited to injuries that happen on the road. Talk to us if you were hurt by:
- An animal bite
- Slip and fall
- Medical malpractice
- Nursing home abuse
- Product liability
Being bitten by a dog is traumatic, often leading to additional issues like infections or phobias. These experiences deserve to be recognized. Likewise, injuries that happen in places meant to be safe and helpful—such as hospitals or nursing homes—can be particularly painful on an emotional and psychological level. Pain and suffering damages can provide recognition, closure, and a path toward healing.
How Long Do You Have to Pursue Pain and Suffering?
In New York, per CPLR §214, you generally have three years from the date of an injury to file a personal injury lawsuit. This deadline applies to any kind of damages you want to pursue, including pain and suffering.
However, some factors can shorten the time you have to file. For instance, if you were hit by a public bus or fell on government property, you may need to sue a municipality. This requires filing a notice of claim within 90 days, per GMU § 50-E. Additionally, wrongful death actions have their own time frames. Our team can determine how long you have when we review your case.
Get a Free Consultation Today
The pain and suffering lawyers at Rosenberg & Gluck, L.L.P. understand your struggle and want to help. We serve clients throughout Long Island by listening to and representing negligence victims like you. Assistance is available in English or Spanish.
To get started, call us today for a free case review.