When you are injured in an accident in 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. 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.
- 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.
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.
Pertinent evidence can include the following.
- 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.
For more information and to secure knowledgeable legal counsel during your case, consult with a skilled attorney today.
