What Is Pain and Suffering in a Car Accident?
In New York, when you get into a car accident, you file a claim with your own personal injury protection (PIP) coverage, regardless of fault. This no-fault insurance system will cover economic losses from a car accident, such as medical bills and lost work income, but it will not pay for physical or emotional pain and suffering. In order to file a claim against the other driver for pain and suffering, you must experience a serious injury as defined by the law.
Defining Pain and Suffering in Legal Terms
Pain and suffering specifically refer to the non-economic harm that a person has experienced due to their injury. This includes losses that do not have a specific economic value and that cause both physical and emotional pain. Physical discomfort and stress from injuries or a loss of convenience due to injuries can all count as pain and suffering from a legal perspective.
In New York, car accident victims can only claim pain and suffering compensation for a serious injury. New York State Insurance Law Section 5102(d) defines a serious injury as one involving:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Permanent loss of an organ, body part, or bodily system
- Significant limitation of an organ, body part, or bodily system
- An injury that prevents you from working for at least 90 days within 180 days of the accident
Examples of Pain and Suffering After a Car Accident
Below are hypotheticals in which an attorney could potentially pursue car accident pain and suffering compensation:
- A person’s leg must be amputated after an accident with a semi-truck.
- A driver suffers a spinal cord injury that greatly limits the use of their arms or legs.
- A passenger fractures their femur, rendering them unable to work for six months.
- A car accident victim experiences extreme depression and anxiety after sustaining heavy scarring to their face.
- A pregnant person miscarries due to the physical stress of an auto accident.
Filing a Claim for Pain and Suffering
You include your request for compensation for your pain and suffering in your personal injury claim. Pain and suffering are just as real as your economic losses, but you can only recover these damages by filing a claim against the at-fault driver or insurer, rather than through your own insurer.
Proving Pain and Suffering Damages
To recover pain and suffering compensation, you must demonstrate that the pain and suffering were a direct result of your injuries. Relevant evidence could include medical documentation and expert witnesses who can corroborate your claims about the extent of your suffering.
How to Calculate Pain and Suffering
Valuing pain and suffering damages is difficult. The value of your pain and suffering settlement may depend on various factors, including how severe and chronic it is. Pain and suffering compensation is sometimes calculated by multiplying your economic compensation by a number, usually between 1.5 and 5. Ultimately, insurance companies, judges, or juries use their own judgment to determine a fair value for these damages.
Why You Need a Car Accident Attorney
Due to their intangible nature, pain and suffering losses can be difficult to prove. An attorney can gather the appropriate evidence and build a convincing narrative attesting to the severity of your injuries and suffering. A car accident attorney can try to negotiate a higher pain and suffering settlement with insurance companies and can take your case to court in a formal lawsuit if the insurance company unreasonably delays or denies payments.
If you have any more specific questions about pain and suffering compensation after a car accident, contact Scott Gottlieb online or reach out by phone today to speak to a pain and suffering lawyer.
