How Much Is My Pain And Suffering Claim Worth in New York?

Headshot of Jeremy Schiowitz
Written by Jeremy Schiowitz

Personal Injury Lawyer at Isaacson, Schiowitz & Korson, LLP.

Over 20 years of experience in Personal Injury.

Graduated from Brooklyn Law School: Juris Doctor, 2003.

Personal Injury Victims Are Entitled to Compensation for Their Injuries

Victims in motor vehicle accident cases, premises liability lawsuits, product liability claims, and construction accident lawsuits are forced to navigate life with new physical limitations while coping with significant medical expenses, lost wages and ongoing pain and suffering. These victims have the right to financial compensation from the person whose negligence caused their injuries.

If you are a victim in a personal injury case, you are entitled to compensatory damages for measurable financial losses, such as medical expenses and lost wages, as well as pain and suffering damages to compensate you for physical and mental anguish, embarrassment and inconvenience resulting from the accident. Although no amount of money can fully compensate you for the pain and suffering you experienced as the result of an accident or injury, a pain and suffering damages award can help ease your financial burdens. 

How Are Pain and Suffering Damages Calculated?

The value of pain and suffering damages is difficult to define because these damages are not entirely calculated using receipts, invoices, billing statements or other tangible documentation. Pain and suffering damages are usually determined based on the severity of the accident and resulting injury and the anticipated length of time it will take you to fully recover from your injuries. The goal of pain and suffering damages is to provide you the amount of financial recovery it takes to make you whole again.

While there is no magic formula for calculating pain and suffering damages, some of the factors that are considered include:

  • Cost of prescription medication to treat physical and mental pain
  • Anticipated limitations and restrictions on the victim’s day-to-day life
  • Impact of injury or accident on victim’s ability to sleep
  • Impact of injury or accident on victim’s relationships with loved ones
  • Victim’s prognosis for the future

Collecting and Preserving Evidence is Key to Proving Pain and Suffering Damages 

Proving pain and suffering damages is complicated by the lack of tangible documentation to substantiate the full financial impact of the accident or injury. The more evidence you are able to produce to support your claim, the better your chances to recover adequate damages.

The types of evidence that are most effective in proving pain and suffering damages are:

  • Photographs of the victim before and after the accident
  • Personal diaries or journals describing the victim’s physical and emotional state
  • Letters or testimony from friends and family explaining how the personal injury has negatively impacted the victim’s life
  • Proof of mental health treatment

If you are experiencing pain and suffering as a result of an accident or injury caused by the negligence of another person, you should immediately begin preserving pictures, letters and related document to use as evidence in your case. 

New York Personal Injury Firm Isaacson, Schiowitz & Korson, LLP Can Help You Maximize Your Damages for Pain and Suffering

The personal injury and wrongful death attorneys at Isaacson, Schiowitz & Korson, LLP have decades of experience helping victims recover the maximum compensatory and pain and suffering damages available based on their circumstances. We will carefully review your case, make sure the proper evidence is in place to boost your chances for damages recovery, and develop a litigation or settlement strategy that will maximize the outcome in your case.

This website has been prepared by Isaacson, Schiowitz & Korson, LLP for informational purposes only and does not, and is not intended to, constitute legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice from an attorney licensed in your jurisdiction.  

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