Can you sue for pain and suffering after a car accident, as well as for the economic costs that arise from the incident? Fortunately, the answer to this question is usually “yes.” The financial expenses car accidents cause account for only one portion of the harm you suffer as a victim; there must be some allowance for the less concrete physical and emotional pain you endure as well.
Damages provide financial compensation for the harm caused by a car accident, and these damages primarily come in two forms; economic and noneconomic. Economic damages account for the calculable costs that result from accidents, such as the value of a totaled car, medical bills, lost wages, and lost future earnings. Noneconomic damages cover the losses that aren’t so easy to accurately price.
Noneconomic damages are sometimes referred to as “pain and suffering damages,” as they typically compensate plaintiffs for various types of distress they endure because of the negligence of the plaintiff in their case.
These can include:
Noneconomic harm is extremely real (as you’ll know if you’ve undergone it), and should be no less compensable than medical bills and lost wages. However, presenting concrete evidence of this kind of loss can be much more difficult.
Of course, “difficult” is not the same thing as “impossible.” At Tucker Lawyers, there are several forms of evidence we use to try to secure noneconomic damages for our clients, including:
How Much Do You Get for Pain and Suffering? At Trial, That Depends on the Evidence.
Judges typically don’t give juries detailed directions for coming up with pain and suffering damages. Jury members must generally use their own common sense and life experience when deciding how to compensate you.
Jury members will consider:
While juries have significant discretion when it comes to awards of noneconomic damages, there are limits. According to a 2019 decision by the New York Appellate Division, Second Department, a judge or an appeals court won’t change the damages found by a jury in a given case “unless the award deviates materially from what would be reasonable compensation.”
This “reasonable compensation” standard is judged by reference to previous similar cases. Though awards in similar cases do not set out binding limitations, New York juries do tend to use them as guidelines. Juries cannot simply pluck a number out of the sky when awarding pain and suffering damages; their decision must be reasonable and evidence-based.
Though the section above contains important information for you as a potential plaintiff, it’s also vital to note that the majority of personal injury cases never make it in front of a jury. Most of the time, we agree to settlements on behalf of our clients privately.
In these cases, injured parties agree to withdraw any legal claims in exchange for an amount of money from the defendant or their insurer. When your case settles, it ends there. You do not go to court.
Insurers use formulas to come up with settlement offers, and the two sides then usually negotiate back and forth until they reach terms they can both agree on. Often, insurance companies use the multiplier method to come up with a possible settlement. Under this method:
Another calculation framework insurers use is the “per diem” (per day) method. This system involves the following steps:
New York is a no-fault state. This means that, when you get into a car accident, you can file a claim on your own insurance policy regardless of who was to blame for the crash. This has the obvious advantage of allowing you to receive benefits without first having to prove that you weren’t the at-fault party in your accident.
However, the no-fault system isn’t perfect. While you can recover compensation in respect of medical treatment, rehabilitation costs, and lost earnings up to a certain limit, you will not be entitled to recover noneconomic damages like pain and suffering. In order to pursue noneconomic damages, you’ll need to file a personal injury lawsuit.
The option to file a lawsuit in relation to a car, truck, or motorcycle accident is not always available. New York law requires that, in order to file a personal injury lawsuit in this situation, you must have suffered a “serious injury.” This is defined by New York Insurance Law § 5102(d) as any injury that results in:
If you’re dealing with severe pain and suffering because of a car accident injury, our skilled attorneys will work to get you the compensation you need. The at Tucker Lawyers are here to help. Contact us today at (516) 399-2364 to schedule a free case review.
