When you are injured in an accident in Nanuet, Nyack, Suffern, or anywhere in Rockland County or across New York, the law allows you to be compensated financially in an effort to make you “whole” again, as in reimburse you for financial and other losses. While it is sometimes impossible to return you to the position you were in before you were injured, especially when it comes to physical and emotional suffering, monetary damages are the best way the state’s legal system can accomplish this goal. In practice, the courts and insurance companies in New York will consider evidence, severity of injuries, and long-term impacts when determining pain and suffering. If you’re wondering how pain and suffering can be calculated in a settlement, continue reading and consult with an experienced New York injury lawyer today.
How Are Pain and Suffering Calculated in an NY Settlement?
New York does not have a set legal formula for calculating pain and suffering, but there are some widely accepted methods that are considered fair and accurate ways to determine a settlement.
The two main formulas that are often used in personal injury cases to aid in calculating non-economic damages like pain and suffering are as follows.
Common Methods Used to Calculate Pain and Suffering
- Per diem method: Using the per diem method, a daily dollar amount is assigned to the victim’s suffering based on the severity of the injury and the overall impact it has had on their daily life. The rate is then multiplied by the number of days that the individual is expected to experience pain and suffering, based on projections by medical and other professionals.
- Multiplier method: When implementing the multiplier method, the first step is choosing a factor, usually between 1.5 and 5, with 5 being the most severe injury that is long-lasting or permanent and has a significant impact on the victim’s life. Whatever number is chosen, it is then multiplied by the total amount of economic damages associated with the individual’s accident and injury.
What Are Economic vs. Non-Economic Damages?
When someone is injured and files a personal injury claim, the compensation they can recover is split into two categories: economic and non-economic damages. Understanding these differences is critical, as pain and suffering are considered non-economic damages, which can be harder to quantify and recover compensation for.
Key Differences Between Economic and Non-Economic Damages
- Economic damages: Also called special damages, these represent the quantifiable financial losses, like medical bills, lost wages, and rehabilitation costs
- Non-economic damages: Commonly called general damages, non-economic damages include subjective, intangible losses like physical pain, emotional distress, trauma, and a reduced quality of life
- Pain and suffering are considered non-economic damages, meaning it requires supplemental documentation, rather than a receipt or bill
What Factors Influence Pain and Suffering Compensation in New York?
While formulas can provide a straightforward starting point, the actual value of the pain and suffering of a Rockland County accident victim will depend on a number of factors specific to the case. As such, these factors must be carefully considered by all parties, including the courts, attorneys, and insurers.
Key Factors That Can Impact the Value of a Settlement
- The severity and type of injury
- The estimated length of the recovery process
- Whether or not the injury is temporary or lifelong
- The impact the injury has on daily life
- The emotional and mental impact the injury caused, such as anxiety, depression, or PTSD
- The credibility and strength of the evidence provided
How Can I Prove My Pain and Suffering?
While the per diem and multiplier methods are good ways to determine the value of your pain and suffering, they are only as strong as the evidence that you present. Because non-economic damages do not have an obvious monetary value, providing ample documentation and evidence is crucial in proving the value of your pain and suffering.
Types of Evidence That Can Strengthen Your Claim
- Personal documentation: One of the best ways to show how your injury has affected your life is by keeping a detailed journal of your experience during recovery. Note your daily pain levels, the events and activities that you can no longer participate in, how your personal relationships have been affected, the emotional struggles you are dealing with, and more.
- Medical evidence: Provide extensive medical documentation like doctor’s notes, X-rays, treatment records, and more that prove your physical harm and the extent of it.
- Testimonials: Family members, coworkers, and friends can all testify about noticeable changes in your behavior, lifestyle, and emotional state, which can help speak to your suffering.
- Expert witnesses: Specialists like surgeons, psychologists, and vocational experts can explain the long-term consequences of your injury, the suffering you have and will continue to experience, your limited career options, and more.
How Do New York Courts and Insurance Companies Evaluate Pain and Suffering?
Courts and insurance companies do not rely solely on formulas. Instead, they will also consider the credibility of the claim and the strength of the supporting evidence when determining how much compensation an injured victim should recover.
How Decision-Makers Evaluate Your Claims
- Examination of medical records and care received
- Consistency of statements over time
- Evaluation of expert testimony and professional opinions
Contact an Experienced Rockland County Personal Injury Law Firm
Whether you slipped and fell in a Suffern supermarket or you were rear-ended in Downtown Nyack, it’s imperative to understand your legal rights as the victim of someone else’s negligent action. That is why it is in your best interest to work with an experienced attorney with Mitchell J. Schroeder, P.C. Our firm understands how complicated these matters can be to navigate, especially while healing from your injuries. For more information and to secure knowledgeable legal counsel during your case, contact our firm today.
