Calculating Pain and Suffering Damages After a New York Car Accident

Quantifying the impact of a car accident and potential lifelong pain can be an overwhelming task. Generally, New York law allows injury victims to claim economic, non-economic and, in some limited cases, punitive damages. No two New York car accidents are the same. Two individuals can be involved in the same incident and experience the same injuries but suffer different emotional trauma levels and pain. To this point, the law classifies pain and suffering under none-conomic damages. As there is no solid mathematical way to quantify pain and suffering, the amount of damages a victim recovers hinges on a solid and compelling case.

There are several approaches that attorneys and insurance companies utilize to determine pain and suffering damages. However, the most common methods include the multiplier method and the per diem approach. The multiplier method involves adding the total amount of economic damages and then multiplying that method by a number between 1.5 and 5. The multiplier number depends on the severity of the injury. The per diem approach involves assigning a dollar amount to every day the victim suffers from the injury until they recover. Most people present their daily earnings and argue that the injury pain is comparable to the effort of working every day.

These calculations include if the victim suffers from psychological issues, post-traumatic stress disorder, anxiety, insomnia, appetite loss, and sexual dysfunction. Further, courts will look to alterations of the victim’s daily life, relational impacts, length of injuries, and life expectancy.

In cases where a plaintiff finds a jury’s award of pain and suffering damages inadequate, they may ask the court to set aside the jury’s award. For instance, a New York Supreme Court issued an opinion in a plaintiff’s appeal of various damages, including the jury’s award of future pain and suffering damages. Amongst several issues, the plaintiff asked the court to increase his award for past pain and suffering damages and future pain and suffering. The jury awarded damages over 15 years instead of the 33.4 years set in the expectancy tables. The court reasoned that the jury’s deviation for the life expectancy table was against the weight of the evidence. The court ultimately found that the jury’s award for past and future pain and suffering materially deviated from reasonable compensation to the plaintiff.

Have You Suffered Injuries in a New York Accident?

If you or someone you love has suffered injuries in a New York car accident, contact the Law Office of Mark A. Siesel. The attorneys at our law firm understand the unique challenges and devastating damages that New York injury victims incur after an accident. We have a long history of presenting solid, compelling cases on behalf of our clients. Through our representation, we have recovered significant amounts of damages for New York injury victims. We can assess the full extent of your damages, and pursue the compensation you need to help you move on with your life after the accident. Contact our office at 914-428-7386 to schedule a free initial consultation with an attorney at our firm.