A car accident in New York can have severe financial consequences, such as medical bills, lost income, and property damage. But some of the most debilitating outcomes have no price tag attached to them – including the physical and emotional discomfort caused by serious injuries. The legal term for these impacts is pain and suffering, which can account for a substantial portion of a car accident victim’s personal injury case.
However, state laws limit who can claim this form of compensation after a collision. The New York car accident lawyers with Dalmata, Maloy, & Burke, LLP can explain what you need to know about pain and suffering from a car accident in New York.
What Is the Serious Injury Threshold in New York?
New York follows a no-fault insurance system for car accidents. Under this system, injured drivers typically must go through their own insurance policies to help pay for their medical expenses and a portion of their lost income, regardless of who was at fault. However, a car accident victim can only seek compensation for pain and suffering from an at-fault driver if they suffered severe injuries.
Specifically, New York law establishes which conditions meet this serious injury threshold, which includes:
- A fracture
- Significant disfigurement
- Dismemberment
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of the use of a body function or system
- Death
If you meet the requirements, you can step outside the no-fault system and sue the driver or other party who caused your injuries for pain and suffering.
How Are Pain and Suffering Damages Calculated in a New York Car Accident Case?
Pain and suffering damages are calculated differently depending on the circumstances. The amounts and strategies can vary widely depending on the severity of the victim’s injuries, the impact on their daily life, and how long the effects will last.
Attorneys and insurers often use formulas to approximate a value for pain and suffering, the two most common being:
- The multiplier method, in which the economic costs of the accident are multiplied by a number between 1.5 and 5
- The per diem method, in which the victim receives an amount of money based on the number of days their pain and suffering is expected to last
Evidence Used to Prove Pain and Suffering After a Car Accident
Attorneys use a variety of evidence to establish who pays for pain and suffering in a car accident and apply a dollar figure to it. This evidence might include:
- Pictures of the injuries
- Medical records and doctor reports
- Diagnostic tests like MRI, X-ray, and imaging results
- Statements from family and friends testifying about the victim’s life changes
- Pain journals in which their client records their daily suffering
- Testimony provided by experts in fields like medicine, finance, occupational therapy, and accident reconstruction
How Can a Car Accident Lawyer Help You Seek the Pain and Suffering Settlement You Deserve?
A car accident lawyer with DMB Legal can help you seek compensation for pain and suffering from a car accident by:
- Evaluating whether your case qualifies for pain and suffering damages
- Investigating the accident to prove the other driver is at fault
- Working with your medical providers to establish that your injuries meet the severity threshold
- Gathering evidence to support a value that accurately reflects your subjective experience
- Negotiating aggressively with at-fault parties and insurers for an acceptable settlement
- Representing you at trial if necessary to demand full compensation
FAQs
Pain and suffering can be a confusing topic, especially given New York State’s complicated no-fault laws. DMB Legal has provided the answers to some of our most frequently asked questions on the subject.
Can you sue for pain and suffering after a car accident in New York?
In order to sue for pain and suffering after a car accident, you will first need to prove that the other driver caused the crash and that you suffered an injury that meets the state’s severity threshold.
What is the statute of limitations for filing a car accident lawsuit in New York?
New York’s statute of limitations on personal injury claims generally gives you three years from the date of the crash to file a car accident lawsuit, with some exceptions. Contact an attorney as soon as possible to determine the deadline for your case.
Do you need a lawyer to sue for pain and suffering in New York?
While there is no law requiring you to hire a lawyer to pursue pain and suffering after a car accident in New York, consider seeking legal help regardless. Car accident claims are difficult to win under most circumstances, and New York’s complex no-fault rules further complicate matters.
Plus, if you’re seeking pain and suffering compensation, you’re likely facing severe injuries. You don’t need additional stress on your plate. An attorney can effectively manage your case on your behalf, secure vital evidence, and consult with experts when needed to bolster your claim.
Does it cost anything to speak with a car accident lawyer at DMB Legal?
DMB Legal provides initial consultations at no cost and with no obligation. We firmly believe that you deserve to know your legal rights and that you should not have to pay to learn them. Contact us today, and let’s discuss your case for free.
Contact Our Car Accident Lawyers at DMB Legal for Help
When it’s time to demand fair compensation for your physical pain and emotional distress, it’s time to call DMB Legal.
We’ve recovered millions of dollars in verdicts and settlements for car accident victims over our 30+ years in practice. However, we believe our success is best reflected in the testimonials from our satisfied clients. Here’s what one had to say about his experience here:
“Daniel Maloy and the team at Dalmata, Maloy & Burke, LLP handle a case for my family, they were nothing but professional and insightful. They handle our case on a personal level instead of just another case number. I would highly recommend their services.” – Kevin F.
Don’t wait – reach out today for your free consultation to get started.