Insurance providers frequently attempt to value pain and suffering at the lowest possible rates to protect their bottom line. At The Silbowitz Firm, our legal team focuses on maximizing these specific damages to boost the overall worth of your personal injury case. New York law does not provide a fixed or standard mathematical formula for calculating what pain and suffering should be worth in a settlement or verdict.
Because pain and suffering do not come with a clear invoice like a hospital bill or a pay stub showing lost wages, assigning a specific dollar amount is a complex process. Our firm looks closely at every detail of your specific situation to establish a fair value for the physical and mental hardships you are going through.
Defining Pain and Suffering Damages Within an Injury Case
The term damages refers to the financial payment an injured party seeks to return them to the position they were in before the accident happened. Since a court cannot physically erase the harm or trauma an individual has endured, they grant monetary awards to help address financial, physical, and psychological losses. Those hurt by the negligence of others can generally pursue both economic and non-economic forms of compensation.
Economic damages represent your direct financial losses, which often include medical costs, pharmaceutical bills, lost income from missing work, and the repair of damaged property. Non-economic damages are the category that covers the pain and suffering an individual experiences following a serious accident.
Types of Pain and Suffering Damages Available for New York Injury Victims
Non-economic compensation is meant to address both physical agony and emotional trauma. The physical side of pain and suffering involves the bodily discomfort and limitations resulting from the accident. Frequent examples of physical suffering include:
- Headaches
- Back and neck injuries
- Damage to soft tissues
- Nerve issues
- Total or partial paralysis
- Whiplash symptoms
- Broken or fractured bones
- Injuries to internal organs
- Severe burn trauma
- Loss of limbs or amputation
- Traumatic brain injuries
Physical suffering also accounts for permanent scarring, physical disfigurement, and long-term disabilities that change how you live your life.
Emotional distress describes the psychological burden and mental anguish caused by the event. Examples of these emotional harms include:
- Loss of life enjoyment
- Post-traumatic stress disorder
- Chronic depression
- High levels of anxiety
- Lowered quality of life
- Cognitive impairments
- Ongoing fear and embarrassment
Mental distress can be just as paralyzing as a physical wound, often preventing people from returning to their jobs, engaging with their families, or handling their daily responsibilities.
Which Personal Injury Cases Qualify for Pain and Suffering Awards?
Almost any incident where one person is hurt because of the actions of another can lead to a claim for pain and suffering. The specific nature of the injury and the circumstances of the event will influence the final amount.
Common scenarios where pain and suffering might be paid out include:
- Motor vehicle crashes
- Premises liability and slip and fall incidents
- Mistreatment in nursing homes
- Defective product claims
- Accidents on the job
- Falling or tripping on dangerous property
- Construction site incidents
- Dog bites or animal attacks
- Medical professional negligence
- Acts of violence or assault
While it is clear that victims suffer after these events, putting a price on that experience is a task that requires significant legal knowledge. Founder Mitchell Silbowitz has been fighting for injury victims since 1989, and our firm can review any settlement offer you receive to see if the insurance company is being fair.
Calculating Pain and Suffering in NYC
While New York does not have one set rule, most legal professionals and insurance adjusters utilize one of two primary strategies to reach a number for non-economic damages.
The Multiplier Technique
The multiplier approach is a very common way to estimate pain and suffering. This calculation involves taking the total amount of your economic losses and multiplying that figure by a number, usually between 1.5 and five.
Selecting the right multiplier is often the most debated part of the process. Usually, the more life-altering and severe the injury, the higher the multiplier will be. For instance, a minor case of whiplash that resolves within a month might result in a multiplier of two, whereas a permanent brain injury that causes lifelong seizures might warrant a multiplier of five.
Several factors influence the choice of a multiplier, such as:
- The impact the injury has on your daily routine
- Changes in your physical appearance or mobility
- The level of hardship the injury has caused
- The medical classification of the injury
- Whether the condition is permanent or disabling
- How the injury affects your ability to earn a living
- The strain the injury puts on your personal relationships
- The requirement for future medical or mental health support
Every client has a unique story, and the choice of a multiplier is often a matter of how a lawyer or a jury views the severity of your specific suffering.
The Per Diem Strategy
The per diem method involves setting a specific dollar amount for every day the victim suffers. A jury might decide that a person’s pain is worth $200 per day, based on the same factors used in the multiplier method. This daily rate is then paid out for every day from the date of the accident until the victim has reached a point of maximum medical recovery. This method is used less frequently than the multiplier method and is rarely applied to cases involving permanent disability.
Proving Your Pain and Suffering Claim
Pain is a subjective experience, and because no two people feel the same way after an accident, proving the extent of your suffering is a hurdle. You must provide enough evidence to help a jury or an adjuster understand the depth of your struggle.
Helpful evidence for these claims includes:
- Complete medical files
- Expert testimony from medical specialists
- Photos and videos of the injuries and recovery process
- A personal diary or journal tracking your daily pain levels
- Notes from mental health counselors or therapists
- Testimony from friends, coworkers, and family members
If you choose to keep a recovery journal, try to write down the specific ways your injuries interfere with your life. Having these detailed records makes it easier to provide accurate testimony during a deposition or a trial.
Consult with a New York City Personal Injury Attorney
Pain and suffering can account for a very large portion of your total recovery. Mitchell Silbowitz has helped clients win more than 1,000 cases in New York City, Long Island, and other counties across New York State. Whether you were hurt in a car accident, a fall, or at a construction site, we work to secure the compensation you deserve. Contact The Silbowitz Firm at (646) 419-5344 to speak with our New York City team and discuss your case.