Pain and Suffering in New York Negligence Actions

Among the various items of damages for which an injured party may recover monetary compensation in New York Courts, pain and suffering is the most crucial to a substantial recovery. It is also perhaps the most difficult to calculate. Putting a price tag on the pain and suffering endured by an accident victim has proven to be the single most difficult task for a jury in any personal injury lawsuit. Contrary to what most people think, there is no scientific formula or “menu” that a jury can use to determine the value of a herniated disc, for example. As a result, rarely do insurance companies want to pay “the right number” for pain and suffering.

In fact, most cases that do end up going to a jury trial are over the amount that the victim should be awarded. The reason for this is that each and every personal injury case is as unique and different as the victim itself. That is why it is essential that you have your case thoroughly evaluated by your Nassau Suffolk injury attorneys. Call now and schedule your free consultation.

There are many variables which factor into the value of a personal injury case, such as length of treatment, pre-existing condition(s), how long the injuries prevented the victim from engaging in his or her day to day activities, permanence, restriction in range of motion, whether the victim underwent surgery, the type of work and activities that the victim participated in before the accident, and many more …

Insurance companies and jurors also take into account the credibility of the person making the claim, as well as whether the victim’s actions are consistent with his or her complaints of pain, and whether they had to alter, reduce or eliminate their activities and lifestyle.

Other factors which will contribute to the strength of a personal injury claim are:

  • The victim’s tolerance for pain in general;
  • What do they do for a living?
  • The quality and reputation of the victim’s treating physicians (i.e., orthopedists, surgeons, neurologist, etc.);
  • The objective test results;
  • Their income and level of responsibility at work prior to the accident;
  • Their marital status and whether they provide care and/or financial support to young children;
  • How sympathetic they are (or will be) perceived as;
  • The county the lawsuit will be brought in;
  • How experienced and aggressive their Nassau Suffolk injury attorneys are …

Keep in mind that no one factor is determinative of the value of one’s injuries. Rather, a combination of all of these factors, viewed cumulatively will ultimately determine how high an award of monetary compensation for pain and suffering the victim should receive.

In light of this, there are of course, resources that the players involved employ to arrive at a range (if not an amount) for settlement purposes. Reports of past jury verdicts for similar injuries will often be used by both sides as a reference point.

The single most important factor to the successful outcome of your case is of course your choice of who to hire as your Nassau Suffolk injury attorney. It takes a truly competent, seasoned and aggressive injury lawyer to know exactly the value of your pain and suffering. Contact us now for a free consultation and see how great things come in small practices.