There is no standard amount you should ask for pain and suffering from a car collision in New York. If you have been injured as a result of someone else’s negligent behavior in a car collision, you are entitled to pursue damages. That includes pain and suffering. A lawyer will be able to help you calculate the value of your pain and suffering, so you can pursue damages in your case.
Pain and Suffering From a Car Collision in New York
New York state requires no-fault insurance, which only covers the basic expenses, such as medical bills and some lost wages. That means lawsuits can only be brought in instances where the economic losses exceed those no-fault benefits. But a lawsuit can also be brought for noneconomic damages, such as pain and suffering.
The compensation you receive for pain and suffering is meant to pay for things that cannot be replaced, such as the emotional and mental pain you experience after a severe injury or disfigurement, the loss of a limb, or the loss of a loved one. Some people experience post-traumatic stress disorder (PTSD) as a result of a serious collision, which may make it difficult or even impossible to follow a normal routine. Compensation for pain and suffering is meant to pay you back for the emotional distress you endured as a result of your incident.
Factors That Cause Pain and Suffering
When your lawyer is calculating damages, there are several variables they may consider when they determine how much to ask for pain and suffering from a car crash in New York. These include:
- The severity of your injuries
- Whether the injuries are long-lasting or permanent
- Any depression, insomnia, memory loss, anxiety or other emotional distress you have endured
- Physical limitations you may have as a result of the car collision
- Any other psychological or emotional trauma associated with the car collision
Evidence Proving Your Pain and Suffering
A lawyer can help gather evidence to support your claim and prove pain and suffering. Some of the common types of evidence that a legal team gathers to prove pain and suffering include:
- Eyewitness statements: family and friends can document the impact your injuries have had on your life, sharing how they have had to help with meals, childcare, pet care, and regular household chores.
- Photos: photographs of the extent of your injuries can be very compelling in supporting your claim for pain and suffering.
- Medical records: medical records and prescription information can support a pain and suffering claim, clearly showing how your life has been physically impacted by the pain you are experiencing daily. Doctors’ notes can also further support this if your normal daily routine has been impacted by doctors’ orders.
If you have been injured and wish to know how much to ask for pain and suffering from a car collision in New York, contact the team at Rosenberg & Gluck, L.L.P., at (631) 451-7900. A member of our team is happy to review your case and help you explore your options for compensation. We can also assist clients in Spanish and Russian.