How is “Pain and Suffering” Proven in a Lawsuit in New York?
You have very likely heard the phrase “pain and suffering” when listening to someone talk about a lawsuit. The phrase is often tossed around on television and in movies but is not usually clearly defined. People sometimes think claims of pain and suffering are just ploys to get more money out of litigation. However, pain and suffering are very real concerns of personal injury plaintiffs. In many cases, plaintiffs suffer immense physical pain and emotional trauma due to a defendant’s actions. That kind of distress does not go unnoticed by courts and may be compensated.
Pain and suffering may need to be proven differently depending on how the distress manifested. There is a huge difference between physical and emotional or mental pain and suffering. Physical suffering is sometimes easier to prove as it can be demonstrated through medical records. Mental or emotional trauma can be more difficult to prove as it is not a visible form of suffering. However, mental health professionals can help support your claims of emotional pain and suffering.
If you were injured and experienced pain and suffering as a result, our Bronx personal injury attorneys could help you get the compensation you rightfully deserve. Set up a confidential, free legal consultation with our dedicated, professional team at The Carrion Law Firm. Call (718) 841-0083 to discuss your case.
Proving Physical Pain and Suffering in a Lawsuit in New York
Physical pain and suffering often stem from injuries sustained in an accident or from someone’s intentional conduct. Personal injury lawsuits that commonly involve physical pain and suffering include car crashes, slip-and-falls, and workplace accidents. Of course, the extent of your pain and suffering will depend on what kind of injuries you sustained. However, claims of pain and suffering are somewhat subjective. Some plaintiffs might be unbothered by physical pain, while others are unable to function.
Your pain and suffering claims will likely have to be supported with some sort of medical documentation. If you have not yet visited a doctor, you should do so right away. Records of doctor’s visits, diagnoses, and treatments can all be used to support your claims for damages for your physical pain and suffering.
Not every injury will affect all plaintiffs in the same way. We will need to present your injuries in a way that uniquely reflects your situation. For example, a 25-year-old will probably make a speedy recovery from a broken leg. However, an 85-year-old will probably make a much slower recovery and experience pain for longer. It is important to include details about the cause of your pain and how it affects your daily life. Call our Brooklyn personal injury attorneys for help with your case today.
Proving Emotional or Mental Pain and Suffering in a New York Lawsuit
Emotional or mental pain and suffering can be tricky to prove because mental health issues are usually not visible. Even so, there are ways we can prove you were emotionally or mentally traumatized by your experience. It may be possible to demonstrate your mental suffering if your condition is connected to physical ailments.
For example, people under tremendous stress or mental anguish may develop physical symptoms. It is not uncommon for people suffering mentally or emotionally to experience headaches, hair loss, weight loss, nausea, or other ailments. In cases of severe mental suffering, chronic physical illness may manifest itself.
You can still prove mental pain and suffering even if you do not show physical symptoms. A mental health professional may be able to provide treatment and a diagnosis for your condition. You can also testify regarding your experiences with anxiety, depression, post-traumatic stress disorder, or panic attacks.
Much like physical pain and suffering, it is important to talk about how your mental anguish has affected your life. For example, you can explain how your severe depression after your accident or injuries prevents you from working or maintaining meaningful relationships. You can also talk about how your anxiety or panic disorder has made it difficult to enjoy the things you once loved. The more information about your life, the better. Call our Long Island personal injury lawyers today to discuss your mental pain and suffering.
Calculating the Monetary Value of Pain and Suffering in New York
New York is one of the few states that does not impose a limit on non-economic damages like pain and suffering. This means that if a jury is particularly sympathetic to your plight, you could be awarded a very substantial award. This also means that we are not limited when calculating damages for your case. Calculating damages can feel unsettling or uncomfortable because you are placing a literal price on your quality of life. However, this process is necessary to get you compensation.
Pain and suffering are known as non-economic or non-tangible damages. These damages do not come with a price tag, and the monetary value may vary from case to case. As mentioned before, the pain and suffering of a healthy young person will be different from that of an older person with pre-existing medical complications. It is a good idea to claim greater damages for pain and suffering, within reason, as the defense will try and have them reduced later.
The more your pain and suffering has impacted your life, the greater your damages may be. A plaintiff suffering from extremely severe depression after a car accident may claim more damages than someone suffering only mild depression. You can support your claims with information about how your pain and suffering have impacted your professional and personal lives.
Call Our New York Personal Injury Attorneys
If you were involved in an accident or otherwise injured and are now faced with emotional or physical pain and suffering, our team can help you. Our Queens personal injury lawyers have experience getting damages for plaintiffs’ pain and suffering. Set up a free legal consultation at The Carrion Law Firm by calling (718) 841-0083.