There is no standard amount you should ask for pain and suffering from a car accident in New York. If you have been injured as a result of someone else’s negligence in a motor vehicle accident, you are entitled to pursue damages that include pain and suffering. A car accident attorney will be able to help you calculate the value of your pain and suffering, so you can pursue full and fair compensation.
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New York No-Fault: Pain and Suffering Damages
New York is a no-fault state, so there is up to $50,000 of medical bills covered by your own car insurance company when you get in an accident. But what about getting compensation for pain and suffering or emotional distress? Even in a no-fault state like New York, you are allowed to do that.
As a car accident victim, it is important to consider all your damages, including pain and suffering, before accepting a car accident settlement from an insurance adjuster.
Pain and Suffering From a Car Collision in New York
In New York, drivers are required to have no-fault insurance, which provides coverage for basic losses like medical expenses, lost wages, and death benefits. This means that legal action can be pursued when the economic losses surpass the benefits provided by no-fault insurance.
When a New York driver has been seriously injured by another driver’s negligence, medical bills can quickly exceed the no-fault $50,000 coverage. It is also possible to file a personal injury lawsuit for non-economic damages such as pain and suffering.
What Are Pain and Suffering Damages?
The compensation you receive for pain and suffering in a personal injury claim is intended to cover physical pain, emotional suffering, and mental anguish caused by severe injury, disfigurement, limb loss, the loss of a loved one, and more.
Some individuals may experience post-traumatic stress disorder (PTSD) following a serious collision, which can disrupt or even impede their daily routines. The purpose of compensation for pain and suffering is to provide recompense for these types of non-economic damages.
Factors That Cause Pain and Suffering
When determining the amount to seek for pain and suffering in a car accident claim, your personal injury attorney will consider a number of factors. These variables play a crucial role in calculating damages in personal injury cases involving car accidents and ensuring fair compensation.
How Pain and Suffering Is Calculated in Personal Injury Lawsuits
Factors used by a personal injury lawyer to calculate pain and suffering of an accident victim in a personal injury case include:
- The severity and extent of your injuries
- The level of pain you are experiencing
- The long-term impact on your life and daily activities
- Any emotional or psychological effects caused by the accident, such as anxiety, fear, or depression
- The estimated cost of future medical treatment or therapy for ongoing pain and suffering
- Potential physical limitations resulting from the car crash
Evidence Proving Your Pain and Suffering
Personal injury lawyers can assist in collecting evidence to substantiate a claim and establish the existence of accident victims’ pain and suffering. Some examples of the types of evidence that personal injury attorneys gather to demonstrate and prove pain and suffering include:
- Eyewitness Statements: Family and friends can chronicle the profound impact of your injuries on your daily life. They can share how they have stepped in to assist with meals, childcare, pet care, and regular household tasks.
- Photos: Capturing photographs showcasing the severity of your injuries can significantly bolster your case for pain and suffering. The visual evidence holds substantial persuasive power in reinforcing your claim.
- Medical Records: Comprehensive medical records and prescription information can provide valuable support for a pain and suffering claim. They vividly illustrate the physical impact that the daily pain has had on your life. Furthermore, doctors’ notes can bolster this evidence by highlighting how your normal daily routine has been altered due to medical advice and treatment.
Contact a Car Accident Attorney Today
If you’ve suffered a serious injury in an auto accident in New York and want to determine the appropriate amount to seek for pain and suffering, reach out to the dedicated team at Rosenberg & Gluck, L.L.P. Call today for a free consultation.
We will be glad to assess your car accident case and guide you through the available options for compensation under New York personal injury law. We also provide assistance to Spanish-speaking clients.