New York Personal Injury Attorneys
Compensation for Pain and Suffering: How Is It Calculated?
Pain and suffering is a monetary award for the victim of a personal injury case, and there are methods to how it is calculated by insurance companies to determine the amount needed to go to the victim. Below, the Long Island personal injury attorneys at Sullivan, Papain, Block, McGrath, Coffinas, and Cannavo P.C. define pain and suffering, how it is calculated during a lawsuit and why qualified attorneys should be the only legal resources consulted on when determining the amount of compensation you need.
What is Pain and Suffering?
In a personal injury case, pain and suffering is classified as the physical and mental impacts of an accident that the victim has endured, and often these effects will stay with the victim well into the future. Pain and suffering falls under two separate categories:
Mental Pain and Suffering
Mental pain and suffering are mental and emotional impacts that a victim experiences after suffering a serious accident. It can include mental or emotional anguish, loss of enjoyment of life, and other negative emotions such as fear, humiliation and anger. Mental pain and suffering can even be as extreme as leading to depression and anxiety, mood swings and insomnia.
Physical Pain and Suffering
Physical pain and suffering are the bodily impacts one experiences post-accident. It can include pain from broken bones or fractures; neck and back pain, and other forms of nerve damage; brain trauma, such as concussions; and organ damage. Physical injuries that have led to pain and suffering can be long-lasting, affecting victims for years after the incident or even their entire lifetime.
How are Damages Calculated in a Personal Injury Case?
Often, chronic mental and physical suffering as a result of an accident can leave drastic effects on the victim’s livelihood. They may have suffered a loss of income due to the inability to go to work and perform the full responsibility of their duties. They may also have piling medical debt due to any necessary treatment, surgeries or rehabilitation required to mend their physical injuries. They may simply seek compensation for being in pain and suffering a lower quality of life due to the incident in which they had no part in causing. A victim can pursue both general damages, which are damages that are not specifically monetary, and special damages, damages that do have a monetary value. It is important to understand how these damages are collected, which the defendant’s insurance company is largely responsible for.
Pain and suffering damages are typically compensated through insurance. Specifically, the defendant’s insurance company will award compensation depending on the severity of the victim’s condition; the more severe the injury, the larger the amount of compensation that will be awarded.
Insurance corporations will typically multiply the necessary amount needed to cover medical bills by a specific number in order to determine the amount of pain and suffering compensation to be awarded. This number is called a multiplier. The multiplier determines how much pain and suffering will be awarded to the plaintiff by multiplying the amount of special damages they are entitled to (i.e. their medical bills) by a number typically between 1 and 5. For example, if the claimant suffers severe pain and suffering after a serious accident, and a judge determines they are awarded 4 times the amount of their special damages of $15,000, then the claimant will be awarded $60,000.
Why Should I Work With a Lawyer to Seek Compensation For My Pain and Suffering?
If you or a loved one are a victim of a terrible accident that caused mental or physical injuries, it is crucial you work with an attorney rather than using an online settlement calculator. These resources are often inaccurate and do not properly consider factors such as causation. An experienced attorney who is properly informed of every detail of your case will be able to collect evidence and other important documentation, evaluate your claim and pursue the greatest amount of compensation possible. Always trust in the professionals over an online calculator that will not take into account the nuances of your specific situation.
If You Are Seeking Compensation for Your Pain and Suffering, Contact SPBMCC Today
For victims of pain and suffering, compensation is crucial for helping them get back on their feet and cover costs that have accrued as a result of their accident. That is why the New York personal injury attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. are determined to obtain the most amount of compensation possible for victims of a serious injury or accident that was caused by someone else’s negligence.
If you or someone you know suffered a serious injury and now undergo physical or emotional distress that has impacted day-to-day life, reach out to our team of attorneys today.