How to Negotiate Pain and Suffering in New York
Personal injury lawsuits often involve arguing over various types of damages. Damages encompass the costs of your injuries and losses, both financial and non-tangible. Damages common in personal injury lawsuits involving physical injuries are those for pain and suffering. These damages are sometimes difficult to hammer out because they tend to be very subjective.
When negotiating damages for pain and suffering, it is best to hire an attorney with experience handling such negotiations. Pain and suffering may be physical or mental and vary from case to case. How your injuries affect your life will depend on your unique circumstances. An attorney can help you make effective arguments about your suffering so you can maximize your damages and compensation.
If you were injured in an accident or by someone else’s actions, you might be entitled to various personal injury damages, including pain and suffering. Our New York personal injury attorneys can help you negotiate for the greatest pain and suffering damages possible. Call The Carrion Law Firm at (718) 841-0083 to arrange a free case review from our team.
Damages for Pain and Suffering in a New York Personal Injury Lawsuit
In a personal injury case, several different types of damages may be up for debate. In most cases, plaintiffs pursue compensatory damages to make up for the financial and tangible losses they encountered due to their injuries. Compensatory damages often cover economic or tangible losses like medical bills, the value of damaged property, lost wages from missing work, and similar losses. The idea of compensatory damages is to make the plaintiff “whole” again, at least in a financial sense.
Pain and suffering are also compensatory damages but are considered non-economic. There is no fixed price attached to pain and suffering, making their value open to debate and interpretation. While you might be tempted to negotiate these damages on your own, it is best to have an attorney help you. While your pain is very obvious to you, it might not be to others. A lawyer must help you assert and prove your claims.
Physical pain and suffering damages do not include the actual cost of any medical bills. Instead, these damages focus on the actual physical pain suffered by the plaintiff. You should be compensated for the actual money you spent on medical care and for the pain you endured. Pain from your injuries and your treatments should be considered. Long-term pain from chronic pain conditions brought on by your accident may lead to greater damages.
Accidents and injuries can also lead to mental pain and suffering. You should be compensated for enduring not only the physical pain of your injuries but also the mental anguish you went through. Mental suffering can encompass the initial trauma of your injuries. For example, losing a limb or suffering a permanent disfigurement is a very emotionally traumatic event that takes time to come to terms with. You can also include depression, anxiety, and humiliation in your damages calculations.
Calculating Pain and Suffering in New York
There is no one way to determine your damages for pain and suffering. A lawyer can help you calculate your damages in a way that takes into account the unique circumstances of your case. Two common methods for determining pain and suffering damages are the multiplier method and the per diem method.
The multiplier method requires us to first calculate your total economic damages. Once we have that number, we multiply it by a number usually ranging from 1.5 to 5. The more serious your injuries are, the higher the multiplier number will be. An attorney can help you assess your case and calculate your economic damages before using the multiplier method. Remember, your damages are up for debate here. A lawyer is essential to not only asserting all your damages but using evidence to support them.
The per diem method is not connected with your economic damages. Instead, we determine a dollar amount that is assigned to each day you are suffering. The longer your recovery period is, the more days you suffer, and the greater your damages for pain and suffering.
You might be unsure of which method to use when calculating your pain and suffering damages. Our Bronx personal injury lawyers can help you decide the best way to determine your pain and suffering damages and get as much compensation as possible.
Evidence Needed to Prove Pain and Suffering Damages in a New York Lawsuit
Showing evidence of pain and suffering is not easy. Physical pain is not something visible or tangible, and mental suffering is equally unseen. Proving these injuries might require legal skills and experience that are beyond an ordinary person. An attorney is crucial to the success of your case. Our New York personal injury lawyers can help you fight for the damages you are entitled to.
An attorney can help you show just how much your injuries have affected your life. Using medical records and even testimony from medical experts can help prove the severity of your injuries and suffering. Additionally, records of mental health treatment from therapists or psychiatrists can be used to demonstrate your mental anguish and suffering.
An attorney will know how to present your case in a way that shines a light on your pain and suffering. Using records of mental and medical treatment and testimony or sworn statements from people in your life can all be used to support your claims. Friends and family can attest to depression, anxiety, sadness, and a loss of enjoyment. Speak to our Queens personal injury attorneys about how to prove damages for pain and suffering in your case.
Call Our New York Personal Injury Attorneys
If you were injured by the actions or negligence of someone else, your pain and suffering should be compensated. Negotiating for pain and suffering damages is difficult, but our Long Island personal injury attorneys can help you. Call The Carrion Law Firm at (718) 841-0083 for a free case review to get started.