Bronx Pain and Suffering attorneys Glenn and Robin Herman explain the purpose of pain and suffering compensation and how damages are calculated.
The damages caused by a car accident go beyond property damages and medical bills. In this article, NYC personal injury attorneys Glenn and Robin Herman explain the purpose of pain and suffering compensation and how damages are calculated.
Pain and Suffering Damages Definition
Pain and suffering is an important concept in personal injury law. It encompasses physical and mental anguish associated with an injury or illness resulting from another person's negligence. Pain and suffering compensation refers to the amount of money a plaintiff may receive in a personal injury lawsuit as a result of their suffering caused by someone else’s negligent actions. Pain and suffering compensation typically encompasses:
The physical pain/discomfort caused by injuries from the accident
The physical pain/discomfort caused by medical treatment needed to treat injuries from the accident
The unpleasant effects that the physical pain/discomfort has on the victim's life, which may include sleeplessness, anxiety, or depression
Any other impacts of the injuries on the victim's life, such as loss of enjoyment of life, being unable to pursue hobbies, and impact on home/family life
What is the Purpose of Pain and Suffering Compensation?
If you have been injured in any type of accident, whether it be a car accident, a slip and fall through a medical error, or by another party’s negligence, the damage goes far beyond the monetary costs of medical bills. You might even lose wages and future earning potential. There is also the toll that the physical and emotional pain caused by the accident takes on your well-being. The purpose of pain and suffering damages is to provide compensation for the pain, suffering, and trauma a plaintiff experiences due to an accident or injury caused by another’s negligence. It can also include emotional distress, mental anguish, loss of enjoyment of life, any disfigurement from the injury, physical impairment, or disability that was caused by another party's negligence.
How Are Pain and Suffering Damages Calculated?
It is difficult to truly quantify the economic value of human suffering, and every personal injury case is different.
The most commonly used method in New York to value non economic damages is based on what the appellate courts have sustained for similar injuries.. With this method, a court looks at:
How severe were the injuries?
How likely is the victim to fully recover from their injuries?
How has the victim's day-to-day life has been impacted by their injuries?
How many years will the victim continue to suffer into the future from his or her injuries?
Pain and Suffering is Highly Complicated
If you have been injured in an accident, you may be wondering if you are entitled to pain and suffering damages. It is important to speak with an experienced personal injury attorney to determine your legal options and receive guidance on how to proceed. An attorney can help you file a lawsuit and seek the compensation you deserve for the pain and suffering you have endured.
About Bronx Pain and Suffering Attorneys Glenn & Robin Herman
Our Bronx pain and suffering attorneys take the time to learn every aspect of your case during our initial meeting in order to properly evaluate the full extent of the damages you or a loved one have suffered. We have been representing seriously injured New Yorkers for over 30 years. Born, raised, and living in the City, we know that when you have been injured in this town, you need an attorney to protect your rights and explain the law to you in a way you can understand.
For a no-charge consultation today to discuss the details of your injury event click here
We represent clients in all five boroughs of New York (NY): Manhattan, Staten Island, Queens, Brooklyn, and the Bronx, along with Suffolk County & Nassau County on Long Island, Westchester County, Rockland County, and throughout the entire state of New York.