When you are affected by the negligence of another person or institution, the damage isn’t always just physical. In some cases, whether due to a personal injury or wrongful death, you may also experience damages that can’t be quantified, such as emotional and mental distress. The term “pain and suffering” can be used to describe these losses. However, it can be hard to determine just what is eligible for compensation. If you want to learn more about how personal injury lawyers and insurance companies define pain and suffering in different cases, consider the following guide.
An Introduction to Pain & Suffering Damages
What Are Pain & Suffering Damages?
In the legal domain, “pain and suffering” is an umbrella term that entails physical, emotional, and mental pain, including anxiety, grief, and insomnia. It may even extend to include inconvenience and the inability to enjoy life as one did before the event.
What Role Do They Play in Insurance Claims?
When you file a claim for a personal injury case, your attorney can make a rough estimate of how much compensation your pain and suffering amounts to. They may multiply the monetary damages — such as the hospital bills you will pay to treat a physical injury — by a number between one and five, which represents the intensity of your injury. In other cases, they may multiply a set amount by the number of the days between the injury and your full recovery. Insurance companies may take these estimates into account, as well as your efforts to seek proper medical treatment and follow through with your doctor’s orders. If your medical bills seem extravagant compared to the reality of your injury, or if you failed to see a specialist, they may discount the estimate.
What About Personal Injury Suits?
In a personal injury case in the state of New York, you may receive compensation for bodily pain experienced in the past, present, and future. The final decision is not made solely by a judge but by a jury, which will decide on the amount you are deemed to deserve. As a result, your award could vary widely depending on your age, injury, and expected recovery. While New York doesn’t have a limit on pain and suffering damages, it’s a no-fault state, which means it can be more difficult for plaintiffs to receive an award. If you’re hurt in a car accident, your medical bills will be paid for, even if you caused the accident. Should you experience pain and suffering because of a relative’s injuries — such as the emotional effects of having to see them in pain — you may also be able to make a claim in a New York court.
If you’d like to learn more about the details of personal injury cases, Stephen B. Kaufman, P.C. of the Bronx, NY, will be happy to shed light on the subject. This local attorney has over 40 years of experience, and he can help you make a claim for the damages you deserve. Whether you were involved in a car accident or a victim of medical malpractice, call him at (718) 822-0500 and expect a call back within 24 hours. To learn more about his practice areas, visit his website.