Can You Get Pain and Suffering Compensation in a No-Fault State?

Get help from a Long Island car accident lawyer to ensure you get fair compensation including pain and suffering damages.

Yes, even in a no-fault state like New York, you are allowed to get compensation for pain and suffering or emotional distress.

In New York, the no-fault rules mean that up to $50,000 of medical bills are covered by your own car insurance company when you get in a car accident. But this doesn’t necessarily cover all of the compensation you may be entitled to. As an auto accident victim, it is important to consider all your damages, including pain and suffering, before accepting any car accident settlement from an insurance adjuster.

Getting help from an experienced Long Island car accident lawyer will help ensure you get all the compensation, including pain and suffering damages, that you are entitled to under New York law.

Pain and Suffering from a Car Collision in New York

In New York, drivers must have no-fault insurance, as mandated by law. This type of insurance only covers medical costs, lost wages, and death benefits and some incidental expenses related to the accident. Consequently, legal recourse can be sought when financial losses exceed the compensation provided by this type of no-fault insurance, or where your injuries rise to the threshold level required.

If a New York driver sustains severe injuries due to another driver’s negligence, medical expenses may surpass the $50,000 no-fault coverage. Additionally, pursuing a personal injury lawsuit is an option to seek compensation for non-economic damages like pain and suffering.

What Are Pain and Suffering Damages?

The compensation awarded for pain and suffering in a personal injury claim aims to address physical pain, emotional distress, and mental anguish resulting from severe injuries, disfigurement, limb loss, the death of a loved one, and other related hardships.

After a severe collision, some individuals may develop post-traumatic stress disorder (PTSD), leading to disruptions or hindrances in their daily lives. Compensation for pain and suffering aims to offer recompense for such non-economic damages.

Factors That Cause Pain and Suffering

When deciding on the amount of compensation to seek for pain and suffering in a car accident claim, your personal injury attorney will evaluate various factors. These factors are pivotal in determining damages in personal injury cases related to car accidents to ensure you get full and fair compensation.

How Pain and Suffering Is Calculated in Personal Injury Lawsuits

Your personal injury lawyer will take the following into account to calculate pain and suffering:

• The severity and extent of your injuries
• The level of pain you are experiencing
• The long-term impact on your life and daily activities
• Any emotional or psychological effects caused by the accident, such as anxiety, fear, or depression
• The estimated cost of future medical treatment or therapy for ongoing pain and suffering
• Potential physical limitations resulting from the car crash

Evidence Proving Your Pain and Suffering

Personal injury lawyers can assist in collecting evidence to support your claim and establish the existence of pain and suffering. Some examples of evidence that personal injury attorneys gather to prove pain and suffering include:

• Eyewitness Statements: Family and friends can chronicle the profound impact of your injuries on your daily life. They can share how they have stepped in to assist with meals, childcare, pet care, and regular household tasks.
• Photos and videos: Capturing photographs or video showcasing the severity of your injuries can significantly bolster your case for pain and suffering. The visual evidence holds substantial persuasive power in reinforcing your claim.
• Medical Records: Comprehensive medical records and prescription information can provide valuable support for a pain and suffering claim. They vividly illustrate the physical impact that the daily pain has had on your life. Furthermore, doctors’ notes can bolster this evidence by highlighting how your normal daily routine has been altered due to medical advice and treatment.

Find Out What Your Pain and Suffering Is Worth

If you’ve been injured in a car accident in New York and want to know how much compensation you might get for your pain and emotional suffering, contact the experienced team at Rosenberg & Gluck, L.L.P. for a free consultation with a car accident attorney.

We Are Ready to Help

We are here to evaluate your car accident case to determine what compensation may be available to you under New York personal injury law. Our services extend to Spanish-speaking clients as well.