How Much Should I Ask For Pain And Suffering From A Car Accident In New York?

How Much Should I Ask for Pain and Suffering From a Car Accident In New York?
If you want to determine the appropriate amount to seek for pain and suffering after a car accident, reach out to Rosenberg & Gluck, L.L.P.

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.

For a free legal consultation, call 631-451-7900

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

How Much Should I Ask for Pain and Suffering From a Car Accident In New York?

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

Preview in new tab

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.

Practice Areas

Our Long Island Injury Lawyers Have Experience In

Truck Accidents
Accidents on the highways can be lethal events
Bicycle Accidents
Riding a bicycle should not be unsafe
Car Accidents
If you have been seriously injured, call our firm
Motorcycle Accidents
Motorcycle accidents often result in serious injury
Medical Malpractice
Medical mistakes can cause death ruin lives
Wrongful Death
When negligence results in the death of a loved me
Premises Liability
When hurt in a location, someone has to take responsibility
Brain Injury
Brain injuries can have long term severe effects
Dog Bites
Dog bites can cause serious injury


Client Testimonials

“The amount I could get for my case was limited (due…

– Craig S., Car Accident Client

“I want to thank Rosenberg & Gluck and Staff For the…

– Steve G., Personal Injury Client

Erin was able to get me over double what was originally…

– Nicole E., Car Accident Client

See More Testimonials


Get Your Free Case Review

"*" indicates required fields

This field is for validation purposes and should be left unchanged.