One of the most important parts of your personal injury case is the compensation you deserve for your physical pain and suffering. This compensation could make up a significant portion of your financial recovery, but it can be difficult to calculate.
Unlike medical expenses or vehicle repair costs, there is no easy system available to establish what your pain and suffering claim is worth. The value of your physical pain is subjective, but there are tools our Long Island personal injury attorneys could use to help you establish what your claim is worth.
How Our Personal Injury Lawyers Calculate Pain and Suffering
At Rosenberg & Gluck, our Long Island personal injury lawyers base pain and suffering estimates on:
- Your medical documentation
- The treatment you have undergone
- How your injuries have affected your quality of life
- Prior sustainable case results
- Our experience resolving claims
Online pain and suffering calculators are not accurate because a tool like this can only give very generalized information. Each case is unique, and your pain and suffering award will be based on the specifics of your claim.
Our attorneys can go over your evidence and give you an estimate of your pain and suffering damages.
Different Factors Could Contribute to These Calculations
An important factor that may arise during these calculations is whether you contributed to your injuries. For example, in a motor vehicle collision, if the other driver was entirely at fault, you are entitled up to 100% of your damages. That might not be the case if you are partially to blame for your injuries, as this can reduce the percentage you are able to recover.
Another important consideration is the extent of your injuries. If your pain was short-lived, your compensation could be much lower compared to a permanent injury. If you are living with chronic pain that can come with nerve damage or amputation, it could increase your award. Further, if you have undergone extensive treatment or surgeries, this impacts the overall recovery.
The amount of time your recovery takes could also be a factor. If your injuries and the corresponding pain last for years, it could lead to higher compensation than it would if you had an injury that resolved itself in a matter of weeks.
Who Calculates Pain and Suffering Damages?
The status of a personal injury case will determine who calculates pain and suffering damages. Many personal injury cases are ultimately resolved through a negotiated settlement.
While this can involve a settlement directly with the responsible party, insurance companies and their lawyers are often involved as well.
During these negotiations, insurance adjusters and attorneys will typically make their own calculations. The attorney representing the at-fault party is likely to reach a different conclusion for the value of your pain and suffering than your own attorney.
For the two parties to reach a settlement, they will have to reach an agreement on what these damages are worth. At trial, it is ultimately the jury that determines the value of pain and suffering damages. The jury will review all the evidence and then make the decision on what amount of compensation is appropriate.
There Are No Limits on Pain and Suffering Damages on Long Island
Some jurisdictions place strict limits on the amount of pain and suffering damages a person can recover in a medical malpractice lawsuit. Other states place a cap on pain and suffering compensation in every type of injury case.
Thankfully, New York does not set caps on pain and suffering damages.
When a jury has the final say on your compensation, their decision is not restrained by arbitrary caps, making it difficult to gauge what might be possible. Additionally, at times the Courts will change a verdict after the fact to either increase or decrease a jury award.
You Could Benefit from Discussing Your Pain and Suffering Damages with an Attorney from Our Firm
Calculating pain and suffering damages can be complex. While determining the amount of medical bills or lost wages can be exact, there is a subjective element to determining how pain and suffering is calculated on Long Island.
You deserve the guidance of an attorney who can assist you with these calculations. The team at Rosenberg & Gluck, L.L.P. is ready to serve as your advocates and help you identify the value of your personal injury case. Call (631) 994-1910 for a free consultation to learn more.
