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Pain and suffering often fall into two categories:
Mental pain and suffering can be challenging to prove. In this category, pain and suffering involves the negative emotions the accident victim is experiencing due to the injuries they sustained and how it has impacted their life. Mental pain and suffering can include anxiety, stress, depression, humiliation, fear, and distress. In serious cases, mental pain and suffering can also cause physical effects such as aggressive behaviors, digestive issues, sexual dysfunction, sleep disturbances, and more.
Physical pain and suffering involves the level of pain and discomfort the accident victim suffers due to the injuries they sustained.
If you were seriously injured in an accident that was caused by the negligence of another, you may be eligible to file a personal injury lawsuit and hold the at-fault party accountable for both economic and non-economic damages. While you can attempt to pursue damages for pain and suffering on your own, you will find it challenging and frustrating to prove your demand for compensation, without the help of an experienced pain and suffering attorney.
At Parker Waichman LLP, our pain and suffering lawyers can help during this challenging time, in many ways. They know what it takes to prove pain and suffering damages and will go above and beyond to ensure you recover the compensation you deserve.
While you focus on your recovery, an attorney on our legal team will:
In some states, before you can initiate legal proceedings, you must prove that the injuries you suffered meet the state’s serious injury threshold. This will involve demonstrating that the injuries you suffered significantly impacted your life for a minimum of three months or that your injuries resulted in a permanent impairment.
If you meet the criteria, you’ll also need to provide evidence. Your pain and suffering lawyer can help you gather the evidence you need to prove that your injuries caused physical pain and emotional anguish.
Evidence can include a journal that you used to document your pain levels throughout the day, how your injuries impacted your life, the medical treatment you have been receiving, and other ways you have been affected by your injuries. You can also obtain statements from family and friends who have witnessed how your injuries have impacted your life and how the injuries have contributed to your discomfort, physically and emotionally.
This can involve demonstrating:
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If you or a loved one has been injured in an accident or have been injured by another party in some other way, we are here to stand up for your rights. Our personal injury attorneys have been representing injury victims and their families in Long Island and throughout the nation since the early 1980s.
The multiplier method or the per diem method are commonly used to calculate non-economic damages.
Higher multipliers are often used if:
The amount will be higher for more severe injuries that substantially disrupt the accident victim’s daily life. To obtain the value of damages, the value of per diem is multiplied by the number of days it took the accident victim to recover, beginning from the date of the injury to the end of the accident victim’s recovery period.
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Our law firm is ready to represent you in your injury case. We’ve helped many New York residents as well as those needing help nationwide. Contact our team for a free case consultation today.
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