When a vehicle accident results in disabling or catastrophic injuries, victims face overwhelming physical, emotional and financial challenges. Unfortunately, economic damages like medical bills and lost wages are not enough to address the massive losses victims face.
Non-economic damages for the pain and suffering associated with severe injuries can help bridge the gap, but presenting a strong case is critical.
Meeting the serious injury threshold
New York follows a “no-fault” insurance system, meaning most accident claims are handled through personal injury protection (PIP). To pursue pain and suffering damages, victims must prove they sustained a “serious injury” under New York law.
Catastrophic harm, such as traumatic brain damage, spinal cord injuries, amputation or permanent disability, typically meets this threshold.
Documenting the impact of injuries
Courts and insurers require clear evidence of how injuries affect daily life. Medical records, physician testimony and rehabilitation reports are indispensable. Victims should also maintain personal journals detailing pain levels, emotional struggles and limitations in work or family activities.
This documentation strengthens the claim by showing the full scope of suffering.
Calculating pain and suffering damages
Unlike economic losses, pain and suffering damages are not easily measured.
One common way of calculating damages is the “multiplier” approach, where medical expenses are multiplied by a factor that reflects injury severity. Another system used is the “per diem” method, which assigns a daily value to the victim’s ongoing suffering.
Because insurers frequently challenge pain and suffering claims, experienced representation can be invaluable. Legal counsel can negotiate aggressively and present compelling arguments in court if necessary. Early representation can prevent missteps that could weaken your case.