Can You Sue For Pain and Suffering In New York?
Imagine being in constant pain and suffering due to an accident caused by someone else's negligence. You're unable to work, enjoy your hobbies or social life, or even carry out simple everyday tasks without discomfort. Unfortunately, this is a reality for many New Yorkers who have been injured in accidents. According to the Centers for Disease Control and Prevention (CDC), accidents result in over 220,000 deaths and over 24 million emergency department visits every year in the United States.
If you're wondering whether you can sue for pain and suffering in New York, the answer is yes – but it's not as simple as it seems. While medical expenses and lost income can be estimated with some degree of certainty, it's difficult to quantify the immeasurable impact of pain and suffering on the life of the injured victim. Yet, the New York judicial system entrusts the jury with the task of assigning a financial value to these non-economic damages, as part of the compensation for personal injury victims.
Serious Injury Threshold in New York for Automobile Accidents
In general, to be eligible for pain and suffering damages in New York due to another’s fault in an auto accident, the plaintiff must have suffered a "serious injury" as defined by law. This includes:
- Injury that prevents the victim from performing their routine life activities for at least 90 days in the first 180 days after the accident
- Fractures
- Dismemberment
- Significant disfigurement
- Permanent loss of use of a body system, function, organ, or member
- A substantial impairment of a bodily function or system
- A permanent restriction on using a body part that has long-term effects
- Death
No-Fault Rule
In New York, the no-fault law requires that each motorist carry personal injury protection (PIP) insurance, which pays for medical expenses and lost earnings regardless of who was at fault for the accident. This no-fault insurance coverage aims to streamline the claims process and reduce the burden on the courts.
With that said, if an individual suffers a "serious injury" as defined by law, they may be able to pursue a lawsuit against the at-fault driver for pain and suffering damages, in addition to their no-fault benefits. So, while many car accident victims in New York may not be able to sue for pain and suffering, those who meet the criteria for a "serious injury" may be able to do so.
Jury Determines the Pain and Suffering Damages
In New York, the amount of money awarded for pain and suffering damages is determined by a jury. They are responsible for placing a specific dollar amount on these damages. The jury will consider various factors such as:
- The severity of the injury
- The degree and duration of pain and suffering
- The impact it has on the injured party's life, career and relationships
They may also take into account the injured party's age, occupation, and how long they are expected to suffer from their injuries. Calculating these non-economic damages is not an exact science, as it involves measuring something that is subjective in nature. Juries usually use either the Multiplier Method or Per Diem Method to come up with an amount.
The Multiplier Method: This is a common way of calculating pain and suffering damages in personal injury cases. It works by multiplying the total of economic damages (such as medical bills and lost wages) by a number between 1.5 and 5.
The Per Diem Method: With this method, a specific dollar amount is assigned for each day that the injured person experiences pain and suffering as a result of the injury. This amount is typically based on factors such as the severity of the injury, how it impacts the person's daily life, and the duration of their recovery.
Choose the Leading NYC Personal Injury Lawyers to Maximize Your Compensation for Pain and Suffering
Following a personal injury in New York, dealing with insurance companies can be a frustrating and overwhelming process. It’s not uncommon for insurance adjusters to attempt to downplay the extent of a person's injuries, minimize their pain and suffering, and offer lowball settlement offers.
The Law Offices of Michael S. Lamonsoff, PLLC have extensive experience, resources, and legal knowledge to fight for your rights and help you stand up to insurance providers. We understand the tactics they use to minimize your injuries, and we won't let them strong arm you. Let by the tough and tenacious NYC personal injury lawyer Michael Lamonsoff “The Bull,” we can help you obtain the compensation you deserve for your pain and suffering, medical bills, lost wages, and other damages.
Call us today for a free case evaluation at 212-962-1020 or contact us online and let us be your fierce advocates every step of the way.