How much you should ask for in pain and suffering from a car accident will vary on how severe your injuries are and how they affected your life. According to the Insurance Information Institute (III), the amount of pain and suffering you might receive may depend on whether your injury meets certain conditions to be considered severe under no-fault laws. These laws may be relevant to your case since New York is a no-fault state.
Your non-economic damages, which may include pain and suffering, might be difficult to calculate. Before assigning a value to this portion of your compensation claim, your lawyer may consider the following factors:
- Whether you are unable to engage in activities you previously enjoyed
- Whether your injuries have impacted your social, personal, and professional life
The legal team representing you may take steps to fully evaluate the impact of the accident when building your compensation claim. Their evaluations may be used to reach a conclusion on the monetary value of the pain and suffering you endured after a car accident.
Calculating Your Damages Involves Valuing Multiple Losses After a Car Accident
The total value of your compensation claim will be based on both economic and non-economic damages.
Economic damages are usually straightforward when calculating their total cost. They are based on financial expenses and losses that typically have a fixed price and may include medical bills and income you lost when your injuries or their treatments prevented you from working. If your car or other personal property was damaged or totaled in the accident, the costs of repairing or replacing your property may be included in this category.
Pain and suffering fall under noneconomic damages. This type of damage often includes intangible factors that do not come at a fixed cost. Noneconomic damages may vary significantly from accident to accident and from injury victim to injury victim. Besides pain and suffering, noneconomic damages may include mental and emotional trauma, physical impairment, and physical disfigurement.
Your legal team can guide you through the steps and processes used to value economic and non-economic damages.
A Lawyer May Help You Calculate Your Financial Damages
After a car accident, a personal injury lawyer can start working on your claim immediately, which may allow you to focus on your physical recovery. Since the New York Civil Practice Law & Rules (CVP) §214 generally limits the filing deadline for personal injury lawsuits to three years, hiring a lawyer may help ensure that you file your lawsuit within the statutory deadline.
Trusting your personal injury insurance claim or lawsuit to a legal team may also help you:
- Collect evidence that supports your right to compensation due to negligence
- Investigate your case, which may involve witness screening, evidence collection and review, and continual updates on your claim’s progress
You or your loved one might want to consider hiring a lawyer to represent you in your personal injury claim if you were injured by a negligent driver in a car accident. If you hope to resolve your personal injury claim with a financial reward, you may also wish to have a lawyer present during settlement negotiations.
We Can Help You Compile Evidence to Support Your Claim or Lawsuit
If a driver gets into a car accident in New York that led to injuries and significant property damage, they must report the crash to law enforcement officials. The New York Vehicle and Traffic Laws § 605 requires you to file a crash report if:
- The accident led to someone getting injured
- The accident led to a fatality
- Either car sustained more than $1,000 in damages
In addition to your crash report, your lawyer may also ask for pictures of your injuries, your vehicle, and the accident scene. They might include witness statements and expert testimonies or opinions that support your claim. Your lawyer can provide support, assistance, and direction to help you navigate the personal injury compensation process.
Pain and Suffering Is a Compensable Expense
If your lawyer is able to prove the other driver negligently caused your car accident, you may be able to receive financial compensation for your accident-related expenses. You may discuss how much you should ask for in pain and suffering from a car accident with your lawyer, who may also help you value your claim or lawsuit.
Contact the legal team at Morelli Law Firm by calling (212) 751-9800 today.