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How are pain and suffering damages calculated in New York?

On Behalf of | Jun 7, 2022 | personal injury

There are many issues you have to address when you get hurt in New York. You have to find a way to replace your wages and cover your hospital bills. There may also be property damage expenses to consider. Often, insurance isn’t enough to fully reimburse those severely hurt by someone else.  A civil lawsuit may be required to get full compensation.

When you make a claim against someone else or possibly a business for your injury, you may be able to seek financial reimbursement for all of your provable economic costs. Unfortunately, any small contributions you make to the incident will reduce how much you receive from your claim.

Seeking the most compensation possible helps protect you from losses over issues like comparative negligence. Some people are able to increase their claims by making a claim for non-economic losses. Specifically, they will ask for financial compensation for their pain and suffering.

How do you calculate pain and suffering in New York civil lawsuits?

Using a multiplier

One way to put a financial value on your pain and suffering is to look at the costs you have incurred. You can add up all of those losses and then multiply them by a pain and suffering multiplier that will fall between 1.5 and five. The more severe the injury and egregious the conduct of the other party, the higher the multiplier you may be able to use.

Assessing a per diem rate

The younger someone is and the longer their injury will affect their daily life, the more serious the impact of their pain and suffering. New York does not have a statutory limit to the pain and suffering which someone can claim, so younger people may find that a per diem calculation may be better than using a multiplier.

The amount that you assess per day will have to have a basis in your lived experience, such as your typical daily income, but you could ask for daily compensation for as long as the injury persists.

Understanding how you can put a price on your pain and suffering will maximize what you get when filing a personal injury lawsuit.