Being injured because of someone else’s negligence can take a toll in more ways than one. While many focus on medical bills and property, the emotional and physical pain you experience — what we call pain and suffering — often gets overlooked.
So, how is pain and suffering calculated? Our New York personal injury lawyers explain here.
What Are Pain and Suffering Damages?
Pain and suffering damages cover the non-economic losses someone faces after an injury. Unlike financial losses, these are harder to measure and include both the physical and emotional challenges a victim goes through. They fall into two main categories: physical pain and emotional suffering.
Physical Pain
Physical pain covers any kind of discomfort caused by an injury, including:
- Acute Pain: Immediate pain from fractures, cuts, burns, etc.
- Chronic Pain: Long-lasting pain, like back pain or arthritis, that lingers after the injury heals.
- Post-Surgical Pain: Pain that comes from medical procedures treating an injury.
Common injuries that lead to pain and suffering claims can include broken bones, traumatic brain injuries (TBIs), spinal cord injuries, soft tissue injuries, and internal organ damage.
Emotional Suffering
Emotional suffering is the emotional toll an injury takes. It can be harder to measure but is just as important; this might include
- Anxiety: Worry about your health or future.
- Depression: Persistent sadness or lack of interest in life.
- PTSD: Severe anxiety triggered by the trauma of the injury.
- Loss of Enjoyment: Struggling to find joy in activities you once loved.
How Is Pain and Suffering Calculated in New York?
In New York, pain and suffering are calculated using one of two methods: multiplier or per diem.
Multiplier Method
The multiplier method starts with the victim’s economic damages, such as medical bills and lost wages. These costs are added up and then multiplied by a factor of 1.5 to 5, depending on the severity of their injury and how it’s affected their life.
For example, if a victim has $20,000 in economic damages and the court assigns a multiplier of 3, their pain and suffering damages would be calculated as:
- Total Economic Damages: $20,000
- Multiplier: 3
- Pain and Suffering Damages: $20,000 x 3 = $60,000
Per Diem Method
The Per Diem method assigns a daily rate to the pain and suffering experienced by the victim. The rate is multiplied by the number of days the person endured pain. For example, if the daily rate is set at $200, and the victim suffered for 150 days, the calculation would look like this:
- Daily Rate: $200
- Number of Days: 150
- Pain and Suffering Damages: $200 x 150 = $30,000
Both methods have pros and cons, and the choice of method depends on the case and strategies used by the attorneys involved.
Examples of Pain and Suffering Settlements
Here are some real-world examples to help show how pain and suffering settlements may be determined.
Car Accident Settlement
In a case where someone suffers a severe back injury requiring surgery, the settlement might include $50,000 for medical bills and lost wages. If we use the multiplier method, with a factor of 4 for pain and suffering, the total settlement could reach $200,000.
Workplace Injury Settlement
A construction worker injured due to unsafe conditions might claim $30,000 for medical expenses and rehab, plus compensation for anxiety and depression caused by the injury. Depending on the severity, the total settlement could exceed $100,000.
Dog Bite Settlement
For dog bites, settlements typically cover medical expenses for physical injuries and emotional trauma, especially if the victim is a child. Depending on the circumstances, these settlements can range from $15,000 to over $100,000.
What Are Pain and Suffering Damages?
Pain and suffering damages cover the non-economic losses someone faces after an injury. Unlike financial losses, these are harder to measure and include both the physical and emotional challenges a victim goes through. They fall into two main categories: physical pain and emotional suffering.
Physical Pain
Physical pain covers any kind of discomfort caused by an injury, including:
- Acute Pain: Immediate pain from fractures, cuts, burns, etc.
- Chronic Pain: Long-lasting pain, like back pain or arthritis, that lingers after the injury heals.
- Post-Surgical Pain: Pain that comes from medical procedures treating an injury.
Common injuries that lead to pain and suffering claims can include broken bones, traumatic brain injuries (TBIs), spinal cord injuries, soft tissue injuries, and internal organ damage.
Emotional Suffering
Emotional suffering is the emotional toll an injury takes. It can be harder to measure but is just as important; this might include
- Anxiety: Worry about your health or future.
- Depression: Persistent sadness or lack of interest in life.
- PTSD: Severe anxiety triggered by the trauma of the injury.
- Loss of Enjoyment: Struggling to find joy in activities you once loved.
How Is Pain and Suffering Calculated in New York?
In New York, pain and suffering are calculated using one of two methods: multiplier or per diem.
Multiplier Method
The multiplier method starts with the victim’s economic damages, such as medical bills and lost wages. These costs are added up and then multiplied by a factor of 1.5 to 5, depending on the severity of their injury and how it’s affected their life.
For example, if a victim has $20,000 in economic damages and the court assigns a multiplier of 3, their pain and suffering damages would be calculated as:
- Total Economic Damages: $20,000
- Multiplier: 3
- Pain and Suffering Damages: $20,000 x 3 = $60,000
Per Diem Method
The Per Diem method assigns a daily rate to the pain and suffering experienced by the victim. The rate is multiplied by the number of days the person endured pain. For example, if the daily rate is set at $200, and the victim suffered for 150 days, the calculation would look like this:
- Daily Rate: $200
- Number of Days: 150
- Pain and Suffering Damages: $200 x 150 = $30,000
Both methods have pros and cons, and the choice of method depends on the case and strategies used by the attorneys involved.
Examples of Pain and Suffering Settlements
Here are some real-world examples to help show how pain and suffering settlements may be determined.
Car Accident Settlement
In a case where someone suffers a severe back injury requiring surgery, the settlement might include $50,000 for medical bills and lost wages. If we use the multiplier method, with a factor of 4 for pain and suffering, the total settlement could reach $200,000.
Workplace Injury Settlement
A construction worker injured due to unsafe conditions might claim $30,000 for medical expenses and rehab, plus compensation for anxiety and depression caused by the injury. Depending on the severity, the total settlement could exceed $100,000.
Dog Bite Settlement
For dog bites, settlements typically cover medical expenses for physical injuries and emotional trauma, especially if the victim is a child. Depending on the circumstances, these settlements can range from $15,000 to over $100,000.
How Do Attorneys Prove Pain and Suffering?
Proving pain and suffering involves using a mix of evidence and expert testimony. Attorneys may use several different strategies to show the extent of the victim’s emotional and physical distress.
Medical Records
One of the most critical pieces of evidence is medical documentation, which typically includes:
- Treatment Records: Details of medical treatments and their outcomes.
- Prescriptions: Proof of medications prescribed for pain relief.
- Doctor’s Notes: Observations from healthcare providers about the victim’s condition.
Testimony
Testimony from different people can also support your claim:
- Victim’s Testimony: The victim can describe their experiences, limitations, and emotional state.
- Family and Friends: Loved ones can highlight changes in the victim’s behavior and quality of life.
- Expert Witnesses: Medical professionals can explain the expected pain and suffering associated with specific injuries.
Demonstrative Evidence
Visual impact can help convey the effect of an injury:
- Photographs: Images of the injury or the accident.
- Videos: Footage showing the victim’s limitations.
- Charts and Graphs: Visual representations of medical data to clarify the extent of the injuries.
How Do Attorneys Prove Pain and Suffering?
Proving pain and suffering involves using a mix of evidence and expert testimony. Attorneys may use several different strategies to show the extent of the victim’s emotional and physical distress.
Medical Records
One of the most critical pieces of evidence is medical documentation, which typically includes:
- Treatment Records: Details of medical treatments and their outcomes.
- Prescriptions: Proof of medications prescribed for pain relief.
- Doctor’s Notes: Observations from healthcare providers about the victim’s condition.
Testimony
Testimony from different people can also support your claim:
- Victim’s Testimony: The victim can describe their experiences, limitations, and emotional state.
- Family and Friends: Loved ones can highlight changes in the victim’s behavior and quality of life.
- Expert Witnesses: Medical professionals can explain the expected pain and suffering associated with specific injuries.
Demonstrative Evidence
Visual impact can help convey the effect of an injury:
- Photographs: Images of the injury or the accident.
- Videos: Footage showing the victim’s limitations.
- Charts and Graphs: Visual representations of medical data to clarify the extent of the injuries.
Are There Limitations to Pain and Suffering Damages?
1. Statutory Caps
New York imposes caps on non-economic damages in medical malpractice claims. As of 2023, the cap is $350,000 for non-fatal injuries and $500,000 for wrongful death cases. It’s important to note that this cap doesn’t apply to most personal injury cases, such as car accidents, just medical malpractice.
2. Comparative Negligence
New York follows a pure comparative negligence rule, which means if you're found partly at fault for your injuries, your compensation may be reduced. So, if a jury found you 20% responsible for your injuries, your total damages would be reduced by that percentage.
3. Pre-Existing Conditions
Insurance companies often argue that pre-existing conditions could have contributed to a victim’s pain and suffering; this can complicate your claim, as they may try to reduce your compensation based on prior injuries or health issues.
4. Documentation Requirements
Any inconsistencies or gaps in evidence could hurt your case and result in lower compensation.
Are There Limitations to Pain and Suffering Damages?
1. Statutory Caps
New York imposes caps on non-economic damages in medical malpractice claims. As of 2023, the cap is $350,000 for non-fatal injuries and $500,000 for wrongful death cases. It’s important to note that this cap doesn’t apply to most personal injury cases, such as car accidents, just medical malpractice.
2. Comparative Negligence
New York follows a pure comparative negligence rule, which means if you're found partly at fault for your injuries, your compensation may be reduced. So, if a jury found you 20% responsible for your injuries, your total damages would be reduced by that percentage.
3. Pre-Existing Conditions
Insurance companies often argue that pre-existing conditions could have contributed to a victim’s pain and suffering; this can complicate your claim, as they may try to reduce your compensation based on prior injuries or health issues.
4. Documentation Requirements
Any inconsistencies or gaps in evidence could hurt your case and result in lower compensation.
Contact Our New York Personal Injury Attorneys to Represent Your Case
At Field Law Group, our dedicated team of personal injury attorneys is here to assist you through every step of the legal process. Call 212-739-7278 or contact us anytime, 24/7, to schedule your FREE, no-obligation consultation.
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve. Contact us today to learn how we can help with your case!
Contact Our New York Personal Injury Attorneys to Represent Your Case
At Field Law Group, our dedicated team of personal injury attorneys is here to assist you through every step of the legal process. Call 212-739-7278 or contact us anytime, 24/7, to schedule your FREE, no-obligation consultation.
About the Firm: With over a decade of experience, Field Law Group has been helping personal injury victims across New York since 2013. We’re dedicated to protecting the rights of accident victims and fighting to get them the compensation they deserve. Contact us today to learn how we can help with your case!
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
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Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania