When someone sustains an injury due to another party’s negligence, the consequences often extend far beyond loss of income and medical bills. The pain, emotional distress, mental anguish, and a diminished quality of life after an accident and injury can severely impact a person’s ability to function.
In personal injury claims, the damages related to these non-economic losses are categorized as pain and suffering. The legal term is used to represent the physical and emotional toll of an injury, which can be more difficult to measure compared to tangible financial losses.
At The Eskesen Law Firm, attorney Frank Eskesen and our personal injury firm focus on helping clients seek fair compensation for these profound losses.
As an experienced New York personal injury attorney, Frank Eskesen guides clients through pain and suffering claims and works to get accident victims full compensation for both the measurable and immeasurable impacts of their injuries.
This post walks you through pain and suffering damages, including their definition, how they’re valued, and what factors influence the compensation you may be entitled to. It also explains the role injury attorneys play in protecting your rights and pursuing a fair settlement or award for these non-economic damages.
Defining Pain and Suffering in Legal Terms
Pain and suffering are legal terms used to describe the non-economic damages that a victim endures after an accident. Unlike medical bills or lost wages, which are easily quantifiable, pain and suffering account for more intangible losses that can significantly affect a person’s life.
These damages are subjective and vary from one individual to another, but they’re an important part of a fair recovery for the person who has been injured.
What Does Pain and Suffering Include?
Pain and suffering are generally split into two categories: physical pain and emotional suffering. Both of these categories may overlap, but they cover different aspects of the injury’s impact. Here’s a closer look at what constitutes pain and suffering:
- Physical pain: This includes the immediate pain caused by the injury, such as broken bones, burns, or other physical trauma. It also encompasses ongoing discomfort or chronic pain that may persist throughout the recovery period and beyond.
- Emotional distress: Injuries can cause significant emotional suffering. Victims may experience anxiety, depression, insomnia, fear, and post-traumatic stress disorder (PTSD). Emotional suffering can also manifest as a reduced sense of well-being, including feelings of humiliation or frustration due to the inability to perform daily tasks.
- Loss of enjoyment of life: When an injury prevents a person from engaging in activities they previously enjoyed, such as playing sports, attending social events, or traveling, the emotional and psychological impact can be substantial. This loss of enjoyment is an essential aspect of pain and suffering claims.
- Loss of consortium: In New York, a claim for loss of consortium belongs to the injured person’s spouse. Parents of an injured child have their own claim for the child’s medical expenses and the loss of the child’s services.
Understanding these components helps in building a strong case for pain and suffering damages.
How Pain and Suffering Is Valued in New York
There is no formula. Insurance adjusters sometimes use rules of thumb, but a New York jury decides what is fair based on the evidence, and appellate courts compare awards with those upheld in similar cases.
Factors Influencing Pain and Suffering Compensation
While the methods mentioned above provide a general strategy for calculating pain and suffering damages, several factors can influence the final amount of compensation awarded. These factors take into account both the physical and emotional impact of the injury on the victim's life.
Key Factors to Consider
- Severity of the injury: More severe injuries that cause significant pain and long-term consequences generally result in higher compensation. For example, a spinal cord injury or traumatic brain injury typically leads to more substantial pain and suffering damages than a minor fracture or sprain.
- Duration of recovery: The length of time it takes for the victim to recover from the injury can play a major role in calculating pain and suffering damages. Injuries that require extensive medical treatment or that lead to permanent disability often warrant higher awards.
- Impact on daily life: If an injury prevents you from going to work, participating in hobbies, or engaging in family activities, these consequences are important in determining your pain and suffering damages. The more significant the impact on your everyday life, the higher the potential compensation.
- Emotional and psychological effects: Injuries often cause more than just physical pain. Many victims experience long-lasting emotional distress, including anxiety, depression, and PTSD. These psychological effects can add substantial value to your pain and suffering claim.
- Credibility of evidence: The strength of your evidence will also influence your compensation. Strong documentation, such as medical records, therapy notes, and personal accounts of pain, can help establish the extent of your suffering. Inconsistent or weak evidence may undermine your case.
Many factors contribute to the final value of your pain and suffering claim, and understanding them can help you prepare for the legal process.
Documenting Pain and Suffering
To successfully claim pain and suffering damages, documenting the full extent of your injury and its impact is critical. Because pain and suffering are intangible, the more evidence you can provide, the stronger your case will be. The following types of documentation can support your claim:
- Medical records: Medical records are essential in proving that an injury occurred and detailing the extent of the injury. These records can also include information about ongoing treatment, medication prescribed for pain relief, and long-term care needs.
- Therapy and counseling notes: If you have sought therapy or counseling for emotional distress following the accident, these records can serve as powerful evidence in your claim.
- Personal journals: Writing about your daily experiences can help establish the physical pain and emotional toll you endure. Keeping a pain journal where you document the severity of pain each day, your emotional state, and limitations in your daily life can be compelling evidence.
- Witness statements: Testimonies from friends, family, coworkers, or others who have observed your pain and suffering can strengthen your claim. These individuals can testify to the changes in your mood, behavior, and ability to perform daily activities.
- Photographs: Photos that show the extent of your physical injuries, as well as images that document changes to your life (such as an inability to engage in activities you once enjoyed), can support your claim for pain and suffering.
The more complete and consistent the documentation, the more likely you are to receive fair compensation for your suffering.
Contact a Personal Injury Attorney Today
If you've suffered an injury due to someone else's negligence, The Eskesen Law Firm is here to help. Attorney Frank Eskesen is an experienced personal injury attorney and is committed to securing compensation for your pain and suffering. Our firm is dedicated to supporting victims throughout New York, New York. Contact us today for a consultation and let us guide you through the legal process.
Questions about your own accident?
Call us for a free consultation. Calls answered live 24 hours a day, 7 days a week.