How much you may be entitled to after a car accident depends on the amount of the injuries and on your pain and suffering. A key component of a car accident lawsuit, pain and suffering are not calculated on a pay-per-hour or day basis. Instead, the pain and suffering damages are calculated based on the severity of the injuries. In general, two types of damages are common for car accident victims: specific damages and general damages. The specific damages you can claim include the cost of your car’s repair, your lost wages while your vehicle was being repaired, as well as any medical bills that you may have incurred due to the accident. General damages, on the other hand, are more qualitative and include things like mental anguish, physical pain, loss of enjoyment, lost wages, and emotional distress. For a free consultation with a top-rated car accident lawyer at the Law Offices of David S. Leigh, call now. We never get paid unless you do.
What is Pain and Suffering Under New York Law?
Pain and suffering refer to the mental and physical anguish that victims of a car accident may suffer. These do not include easy-to-calculate medical costs. The loss of ability, comfort, and happiness that results from serious injuries is called pain and suffering. These damages are more complicated to calculate.
What are Some Common Examples of Pain and Suffering?
This category covers both emotional and physical suffering. Here are some examples of physical suffering and pain:
- Long-term disability
- Dropped life expectancy
- New physical limitations
- Everyday life challenges
- Physical pain or discomfort
- Significant disfigurement can be caused by scarring, amputations, or burns.
- Permanent loss of bodily functions
- Traumatic brain injury (TBIs).
What are some common examples of emotional pain and suffering:
- Depression or anxiety
- Post-traumatic stress disorder (PTSD)
- Changes in eating or sleeping habits
- Loss of enjoyment in things you used to love
- Mood swings
- Fear, anger, humiliation
Depending on the circumstances, you may be entitled to claim compensation for non-economic mental or physical injuries in a car accident case. An experienced attorney can help you determine what constitutes suffering and pain, and help you fight for a fair settlement.
How Are Pain and Suffering Calculated?
While medical bills, vehicle repairs, and lost wages are all easily quantifiable, it’s difficult to calculate suffering and pain damages. Your attorney will use one of several methods to calculate your suffering and pain. This calculation may be justified to insurance companies, judges, or juries.
What Are Some Factors That Affect Pain and Suffering Calculation After a Car Accident in New York?
Judges, juries, and insurance adjusters consider a number of factors when calculating pain-and-suffering damages. These factors could include:
- Types of injuries sustained
- How long the pain lasted
- The intensity of the pain
- The nature and location of scarring/disfigurement
- The effects of pain on victims’ lives
- Recovery time
- Foreseeable future problems
- Age at injury
An attorney can help you build the case and demonstrate how these injuries have impacted your life.
What Is the Multiple Method?
Insurance companies and lawyers can use the Multiple Method to calculate pain and suffering. This involves rating your pain or suffering from 1-5, with 5 being the most severe score. Then they will multiply that number by your total special damages.
Example of the Multiple Method At Work:
Let’s assume that the victim of a car crash has suffered $25,000 in medical bills and other damages. Your lawyer will file a lawsuit for $125,000 if you rank your pain and suffering a 5. If on the other hand, you suffered $100,000 in special damages, your attorney would pursue a $500,000 claim.
Why Do I Need a New York Car Accident Lawyer?
It may be difficult for you to sue someone for emotional and physical injuries or pain after a car accident on your own. Accepting the settlement from an insurance company without a lawyer is rarely a good idea. After all, insurance companies benefit from paying you as little as possible for your injuries. The Law Offices of David S. Leigh are an experienced law firm that will fight hard for your rights. It’s our job to ensure you get maximum compensation under the law.
Contact Top Rated Car Accident Lawyer in New York Today
The Law Offices of David S. Leigh are here to fight for you and your loved ones. If you’ve been injured in a car accident, no matter how big or small, we may be able to help you obtain maximum compensation. For a free, no-obligation case evaluation, call now (212) 843-0907. We are here to help.