Pain and suffering is a compensatory loss you can recover following an accident. It’s meant to account for your physical and emotional turmoil after getting hurt. However, despite your best efforts, you could have a hard time securing this loss.
A Long Island, NY, pain and suffering lawyer from our firm can seek the full cost of your damages after getting hurt. In addition to pain and suffering, you could recover damages for your medical bills, lost income, and more. The Law Office of Cohen & Jaffe, LLP is here to serve you.
You Have a Limited Time to Seek Pain and Suffering
Most insurance policies do not provide coverage for pain and suffering. So, to recoup this loss, you may need to file a lawsuit against the negligent party. New York has some strict deadlines for doing so. The following deadlines could apply to you:
- You generally have three years to file your injury case, per CVP § 214.
- You typically have two years to file your wrongful death lawsuit, per EPT § 5-4.1.
Failure to act within these deadlines could jeopardize your case.
What Could Qualify You to Seek Pain and Suffering?
Pain and suffering differs from person to person. In New York, it is up to the jury to put a dollar value on the pain and suffering experienced by a victim in a lawsuit. In a wrongful death lawsuit in New York, damages for pain and suffering are awarded based on the experience of the person who passed away – not the survivors’ trauma.
Some Laws on Long Island, NY, Could Apply to Your Injury Case
New York’s no-fault insurance law sets a threshold for “serious injuries.” A plaintiff must have these impairments to seek damages from the other party. The statute defines serious injury as an injury that results in:
- Dismemberment (or the destruction or loss of a body part)
- Significant disfigurement (scarring and/or amputation)
- A fracture (broken bone)
- Loss of a fetus
- The permanent loss of use of a body organ, member, function, or system
- The permanent consequential limitation of use of a body organ or member
- Significant limitation of a body function or system
You could also qualify for pain and suffering if you have an injury that will impede your day-to-day function for 90 days in the first 180 days following your accident.
Some of the above injuries are straightforward – a broken bone, the loss of an unborn child – but some are less clear. To seek the best possible outcome, your attorney on Long Island, NY, should have knowledge of how these cases work.
How Our Team Can Calculate Your Pain and Suffering Based on the Following
Your attorney may present the following evidence to support the value of your pain and suffering:
In the personal injury world, the more serious your injuries, the more you can request for pain and suffering. For instance, an injury victim with a traumatic brain injury will likely recover more than someone with an ankle sprain. Your medical records can prove the nature of your condition, estimated recovery period, and required treatments.
Testimony from Your Doctors
Your medical team can provide firsthand testimony about the nature of your condition, as well as what you can reasonably expect in the future. We may consult paramedics, your primary care physician, and surgeons to learn more about your impairments.
Your Employment Records
Your ability to work can factor into the value of your pain and suffering. We can use your employment records and wage statements to determine the impact of your injuries on your earning ability.
Your Own Personal Testimony
We encourage you to keep a journal documenting your experiences following your accident. Keep records of:
- Your daily pain levels
- Your relationships with others
- Your ability to work
- Your mobility
- Your necessary treatments
- The times and dates of certain appointments
Your pain and suffering lawyer on Long Island, NY, can explain what other forms of information could help your case.
How Is Pain and Suffering Calculated?
The following factors could determine the value of your pain and suffering:
- Your age. The jury may consider the plaintiff’s age when determining pain and suffering. For instance, a younger person disabled by a car accident may receive more than a senior who was disabled.
- Your financial losses. The jury might use a formula to calculate your pain and suffering. Some of those formulas take the value of your financial losses into account to determine a fair financial award.
- Your emotional hardships. If you developed anxiety, depression, or post-traumatic stress disorder (PTSD) following your injuries, this could add to the value of your pain and suffering.
You Could Seek These Damages in Addition to Pain and Suffering
Aside from pain and suffering, you could also qualify to pursue:
- Lost income
- Property damage expenses
- Medical bills
- Lost employee benefits, paid time off, and bonuses
- Commissions and tips
- Impaired quality of life
- Funeral expenses
Our lawyers have won millions of dollars for injured people on Long Island, NY. Whether you were hurt in a car accident, slip and fall, or another act of negligence, we can build your case.
How Long Could It Take to Resolve Your Case?
We will do everything in our power to keep your case moving forward. Yet, the legal process itself takes time. It could take days, weeks, or months to settle your case. To move matters along, we will.
- Manage your case’s filing and paperwork
- Handle all depositions and cross-examinations
- File your case within the statute of limitations
- Gather evidence to prove the value of your losses
- Interview witnesses
We also manage our injury cases on contingency. So, you don’t pay anything unless we settle your injury claim.
Contact Our Injury Law Firm on Long Island
Pain and suffering can never truly pay for what you went through. But a proper settlement may ensure your financial security as you recover or adjust to life with a serious injury.
When we go to court for you, our pain and suffering lawyers on Long Island are ready to win. Call the Law Office of Cohen & Jaffe, LLP at (516) 358-6900 or fill out our contact form for a free review of your situation.
For a free legal consultation with a lawyer serving Long Island, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.