Content reviewed by:
Alex Shulman
You can calculate pain and suffering by working with a qualified personal injury lawyer. Pain and suffering is one of several recoverable non-economic damages in a personal injury case. Because losses like these do not come with receipts or monetary value, it can be difficult to calculate them on your own.
Your personal injury attorney can gather evidence such as statements from your doctor, your medical records, testimony from your friends and family, and proof of your injuries to assign a value to your pain and suffering. When you hire our firm, our lawyers can explain the methods they can use to calculate pain and suffering.
The Importance of an Attorney In Estimating Pain and Suffering
There is no direct monetary value for non-economic damages like pain and suffering. This is why a personal injury lawyer plays such a key role in establishing a possible settlement range in cases where these damages are available. They know the acceptable options for establishing a possible value based on previous cases. When you have a lawyer on your side, they can:
- Determine your recoverable losses
- Help you achieve the compensation you deserve for your pain and suffering.
There is no way to guarantee a financial recovery in a case or establish how much might be available to recover. However, an attorney will evaluate the potential value for pain and suffering based on several factors. This includes:
- The severity of your injuries
- The medical care you required
- Any lasting effects or impairments
- Other circumstances of the case
This lets you and your legal team understand when the insurance carrier or another party makes a fair settlement offer.
Recoverable Damages in a New York State Personal Injury Case
When a careless or reckless party causes injuries in New York State, the victim can pursue compensation for a range of damages. This includes many of their accident-related costs, such as past and future medical care and past and future lost income. Another part of this is their non-economic damages, which includes past and future pain and suffering.
These damages are available in liability claims and personal injury lawsuits. The value of the case depends on the expenses and losses incurred by the victim and the settlement their attorney can negotiate. Your lawyer can discuss this process with you more during your free initial consultation.
Building a Compelling Case to Pursue Appropriate Compensation for Pain and Suffering
Presenting a compelling case is the only way to recover fair compensation after an injury caused by someone else’s carelessness. This is true whether you handle your claim on your own or hire an attorney. It is also true whether there are negotiations with an insurance adjuster or a personal injury lawsuit.
To recover any compensation in a personal injury case, victims must show several things:
- A preventable accident or incident occurred
- A careless or reckless party caused their accident
- They suffered injuries and damages in the incident
The evidence available to support the case will vary depending on the circumstances. For example, a car accident generally has a police accident report that provides details of what occurred. This official report is probably unavailable in a slip and fall injury case. Your attorney will know what to look for based on your case facts.
Some types of evidence used in personal injury cases include:
- Police report, when available
- Photos from the scene
- Video of the incident
- Eyewitness statements
- A scene survey
- Accident reconstruction
- Relevant medical records
- Expert testimony
- Documents showing damages
As a part of building a compelling case, your lawyer will also document your recoverable damages. This requires them to collect medical bills, receipts, repair estimates, and other documents. Future care costs are often estimated based on relevant medical records and expert testimony. Proving pain and suffering is more complex. It requires a thorough knowledge of similar cases and experience calculating pain and suffering for other claims.
When is Pain and Suffering Available in a
Personal Injury Case?
In most cases, victims in New York can pursue pain and suffering damages in any case when they suffer physical injuries. This includes construction accidents, slip and falls, trip and falls, pedestrian accidents, and motorcycle crashes. Non-economic damages are generally available and could comprise the largest type of damages recoverable in these cases.
In New York State, car accident claims work differently than other personal injury cases. Those with minor or moderate injuries might need to file a personal injury protection (PIP) claim, which is their no-fault coverage. This policy pays for their basic expenses and losses, including medical bills and lost income. No pain and suffering damages are available.
However, if their injuries are serious, they can file a civil lawsuit and seek additional compensation for non-economic losses like pain and suffering. A car accident attorney can assess whether this might be possible in your case during a free case review.
