In the aftermath of an accident or injury, the physical and emotional pain and suffering that a person experiences can be overwhelming. If you are injured in Buffalo, New York because of some one else’s negligence, pain and suffering damages are intended to pay you for the physical and emotional pain and suffering you have experienced as a result of the at-fault person’s actions. The goal of this type of compensation is to make the injured person whole.

In this blog, we will take a detailed look at pain and suffering damages in New York, including what they are, how they are calculated, and how they can be awarded in different types of personal injury cases.

Defining pain and suffering 

Pain and suffering damages are defined by common law (caselaw). Pain and suffering damages has three major components: physical pain, mental anguish, and loss of enjoyment of life. The loss of enjoyment involves the loss of ability to perform daily tasks, to participate in activities part of life before an injury, and the loss of pleasures and pursuits of life. New York law permits recovery of all the pain and suffering that has been endured up to the time of trial and for any pain and suffering that is reasonably certain to continue into the future. It is the jury’s job to consider all the evidence and allocate an amount of money to pay for these types of damages.  

It’s important to understand that pain and suffering damages are considered a separate type of damages and are available in addition to economic damages. Economic damages are meant to compensate people for any specific monetary losses that they have incurred, such as medical expenses, lost wages, or property damage.

Calculating pain and suffering

Unlike economic damages, there is no set formula for calculating pain and suffering damages in New York. Instead, the amount of these damages is typically determined by a jury, based on the evidence presented at trial. The jury will consider a variety of factors when determining the amount of pain and suffering damages that you may receive. Some of the factors that are commonly considered include:

1. Your age, occupation, and quality of life before and after the injury.
2. The severity and duration of your injuries: The more severe the injury, and the longer it lasts, the more likely it is that the you will receive a higher amount of pain and suffering damages.
3. The degree of pain and suffering you have experienced: The more pain and suffering that the you have experienced, the higher the amount of pain and suffering damages you may receive.
4. The extent to which your life has been disrupted by your injuries: If your injuries have disrupted your daily life in a meaningful way, such as by preventing you from working or engaging in your usual activities, you may be entitled to a higher amount of pain and suffering damages.
5. The impact of the injuries on your ability to perform daily activities: If your injuries have made it difficult or impossible for you to perform daily activities, such as walking, getting dressed, or caring for your children, you may be entitled to a higher amount of pain and suffering damages.
6. The emotional distress caused by the injuries: In addition to physical pain and suffering, you may also experience emotional distress as a result of their injuries. This can include depression, anxiety, stress, and any other emotional consequences of the physical injury.

Eligibility for pain and suffering damages in auto accidents 

Proving Serious Injury

To recover pain and suffering damages in a personal injury case in New York, the plaintiff must prove that they have suffered a “serious injury.” Under New York law, a serious injury is defined as one that results in:

1. Death;
2. Dismemberment;
3. Significant disfigurement;
4. Fracture;
5. Permanent loss of use of a body organ, member, function, or system;
6. Permanent consequential limitation of use of a body organ or member;
7. Significant limitation of use of a body function or system;
8. Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

It’s important to consult with an experienced personal injury attorney to determine whether your injuries meet the serious injury threshold.

Pain and suffering damages in other personal injury cases

Pain and suffering damages can be awarded in a variety of personal injury cases, including:

1. Slip, Trip, and Fall: Slip and falls are one of the leadings causes of injuries for elders and can happen anywhere, from a grocery store to a public park. If you have been injured after a slip and fall that was caused by someone else’s negligence, you may be entitled to recover pain and suffering damages.
2. Medical Malpractice: Medical malpractice occurs when a healthcare provider fails to provide the appropriate level of care, resulting in injury or death to the patient. If you have been injured as a result of medical malpractice, you may be entitled to recover pain and suffering damages.
3. Product Liability: Product liability cases arise when a defective product causes injury or death to the consumer. If you have been injured as a result of a defective product, you may be entitled to recover pain and suffering damages.
4. Workplace Accidents: Generally, workers’ compensation covers workplace injuries and does not allow for pain and suffering. However, in some instances, if you have been injured at the workplace because of someone else’s negligence, you may be entitled to recover pain and suffering damages.

Recovering pain and suffering damages 

The first step in recovering for pain and suffering damages is to hire an experienced personal injury attorney like The Buffalo Injury Law Firm. Then you must get adequate medical care after an auto accident or injury. Consider journaling on a daily basis to track your pain and how the injuries have impacted your life. Ultimately, evidence of pain and suffering damages are best presented by an attorney through witnesses, your doctors, and your testimony.

Buffalo car accident attorneys: Buffalo Injury Law Firm 

Overall, pain and suffering damages are a necessary and integral source of compensation for people who have suffered serious injuries as a result of another person’s negligence or intentional act. If you have been injured in a car accident and believe that you may be entitled to pain and suffering damages, it’s important to consult with an experienced personal injury attorney to determine your rights and options under New York law. At the Buffalo Injury Law Firm, we will fight for you and help you receive the compensation you are entitled to if you are injured in an auto accident. We serve all areas of western New York, including Buffalo, Hamburg, Williamsville, Niagara Falls, and Rochester. Call today at 716-646-8412 for a free consultation.