You can sue for pain and suffering in New York despite it being a no-fault state. However, your injuries must meet the state’s “serious injury” threshold. You must also prove the other party’s fault, whether in insurance negotiations or at trial.
Since pain and suffering are subjective, calculating how much you’re owed in damages can be challenging without professional support. Consult our car accident attorneys to help you navigate the complex legal process and pursue fair compensation. Call (716) 500-5678 or contact us online to schedule a free consultation.
ON THIS PAGE
- How New York No-Fault Insurance Affects Pain and Suffering Claims
- Criteria for Suing for Pain and Suffering in New York
- Can I Recover Pain and Suffering Damages in a New York Wrongful Death Case?
- How Pain and Suffering Is Calculated in Personal Injury Lawsuits
- Types of Evidence Needed to Prove Pain and Suffering
- Richmond Vona Can Help With Your Pain and Suffering Claim
How New York No-Fault Insurance Affects Pain and Suffering Claims
Unlike most states, New York has a no-fault insurance system for car accidents. The state’s minimum insurance requirements for drivers include personal injury protection (PIP) coverage that goes into effect immediately after a crash. It covers up to $50,000 worth of economic damages per person for the driver, their passengers, and pedestrians injured by the insured car.
No-fault insurance compensates your passengers and pedestrians, but it does not cover non-economic losses. Under New York’s no-fault law, you can only seek non-economic damages, such as pain and suffering, if you can prove that you or someone you love has suffered a “serious injury.”
Criteria for Suing for Pain and Suffering in New York
Again, after a car accident in New York, you can step out of the no-fault system and sue for non-economic losses like pain and suffering by proving that you suffered a “serious injury.” Under New York’s Insurance Law § 5102(d), these include:
- Death
- Dismemberment
- Loss of fetus
- Fractures
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- Non-permanent impairment or injury that prevents you from performing your usual activities for at least 90 of 180 after the injury
Some of these conditions, such as dismemberment, are easier to prove when filing a claim. However, quantifying things like the work you cannot perform due to an injury is straightforward. Our experienced car accident lawyers can gather strong evidence to prove severe injury and file your claim before the New York personal injury statute of limitations passes.
Can I Recover Pain and Suffering Damages in a New York Wrongful Death Case?
Since death is one of the conditions within the “serious injury” threshold, you can file a wrongful death lawsuit seeking pain and suffering damages on behalf of a deceased loved one. However, the compensation you recover is for the pain and suffering the deceased experienced before their passing, not for the emotional anguish of surviving family members.
How Pain and Suffering Is Calculated in Personal Injury Lawsuits
Physical pain and emotional distress are subjective and vary from person to person. When calculating pain and suffering in personal injury lawsuits, lawyers and insurance companies consider the factors unique to each case, such as:
- Severity and extent of injuries.
- Level of pain and long-term impact on daily activities.
- Emotional or psychological effects, like anxiety or depression.
- Cost of future medical treatment or therapy.
- Potential physical limitations due to the accident.
Though calculating pain and suffering damages can be tricky, there are two popular methods: the multiplier method and the per diem method.
Multiplier Method
Using the multiplier method, a value between 1.5 and 5 is multiplied by the total amount of your economic damages to calculate your pain and suffering damages. For example, if your total economic damages amount to $60,000 and there is a multiplier value of 3, your pain and suffering damages would equal $180,000.
Per Diem Method
Also known as the daily rate method, the per diem approach assigns a monetary value for each day of physical and emotional suffering from the accident. For example, if your daily rate is $400 and you spend 50 days healing from the accident, your total pain and suffering damages would amount to $20,000.
Just like in the multiplier method, the per diem rate depends on factors unique to each victim’s case. Circumstances like a permanent disability, a defendant admitting 100 percent fault, or significant psychological trauma from the accident can justify a higher daily rate or multiplier.
The multiplier or per diem rate can also be negotiated during settlement talks. If you believe the values are lower than you deserve, insurance companies may be willing to adjust them, especially if they think you’ll win at trial.
Types of Evidence Needed to Prove Pain and Suffering
Pain and suffering damages are intangible and subjective. Proving these damages is often more complex than economic damages. You need strong evidence and a skilled attorney to argue your case. Evidence that can strengthen a pain and suffering claim includes:
- Eyewitness statements – Testimony from family and friends explaining how the injuries impacted your daily life.
- Medical records – Detailed medical reports showing the severity of your injuries, including prescriptions and doctor’s notes.
- Medical expert testimony – Testimony from medical and psychological experts confirming the physical and emotional pain caused by the accident and how it affects your life.
- Photos and videos – Visual evidence detailing the nature and severity of the injuries causing your pain and suffering.
Richmond Vona Can Help With Your Pain and Suffering Claim
If you or someone you love was hurt in a car accident, you may be entitled to significant pain and suffering damages. However, New York’s no-fault insurance places some limitations on when you can sue for these damages. Our skilled personal injury lawyers can review your case in a free consultation and pursue fair compensation on your behalf.
Because we operate on a contingency basis, we don’t get paid unless we win you compensation. This means you have nothing to lose by scheduling a free, no-obligation consultation. Call (716) 500-5678 or contact us online to learn more about your right to pain and suffering damages in a personal injury lawsuit.
