Pain and Suffering Compensation After an Accident

Pain and Suffering Compensation After an Accident

When you get into an accident, the damages you suffer may extend further than just the property loss you experienced. You may have suffered a significant amount of time, or you may have had to lose opportunities as a result of the incident. When filing a claim for any type of accident, it is critical to define what all of your losses are. Pain and suffering is a type of loss in New York, and you may be compensated for it.

Keep in mind that this is one of the most difficult components of your claim to define and calculate. This is why it is important to work with a skilled New York personal injury attorneys such as our team at Siler & Ingber, LLP.

What Is Pain and Suffering?

The term pain and suffering provides some basic information about the losses you may have. It is an award of money given to you for any type of pain you experience – past and present, as well as into the future (such as long-term suffering). To be clear, this type of claim focuses on what you lost that may not have a monetary value. For example, a car accident causes damage to your car and results in medical bills. Your claim should cover those. But, the claim also needs to cover your pain. This may include the mental pain you suffer, such as emotional distress, humiliation, loss of enjoyment in life, and even shock.

Additionally, mental pain and suffering will also include suffered related to:

  • Lack of energy
  • Sexual dysfunction
  • Depression
  • Sleep difficulties
  • Mood swings

In some individuals, a particularly tragic or traumatic experience can also create post-traumatic stress disorder, which may limit your quality of life. For example, you may find it difficult to drive again.

How Do You Obtain a Pain and Suffering Settlement?

Just like with any other type of medical loss, individuals must file a claim for the losses they suffer. Generally, this will be with the person who caused the incident to occur and his or her insurance company. It is essential to have some idea of what you may qualify to receive. Obtaining a pain and suffering settlement is not a guarantee; not all types of personal injury will result in a high dollar amount award here. Nevertheless, many people receive financial assistance.

How Much Can You Receive for Pain and Suffering Claims?

How much is that pain and suffering worth? In New York, there are no formal guidelines. That is, a judge does not tell the jury to award a specific dollar amount. Rather, the jury must decide what is fair. This creates a lot of room for concern and question when filing your claim. Also, New York does not place a specific limit on the amount of money you can claim.

Every situation is very different. However, one way your attorney can help you to determine what your settlement may be is to look at recent and older cases in New York with pain and suffering settlement awards. Here are a few examples (again, this may not be representative of what you will receive):

  1. In 2015, the Waring vs. Sunrise Yonkers SL, LLC case offers a bit of insight. In this case, a 22-year-old man, Anthony Waring, worked as a housekeeper at an assisted living facility. He suffered a significant back injury that eliminated his ability to go back to work. In this particular case, he was awarded $600,000 in pain and suffering. This was made up of $100,000 for his past pain (the suffering he had at the time of the accident). It also included $500,000 in pain and suffering damages for the future.
  2. In 1999, Linda M. Gilbert suffered exposure to vulgar talk and insults, pornographic messages and other losses from her male colleagues. In this case – which was a high profile case and remains one of the highest paid pain and suffering claims – Ms. Gilbert received $21 million. Of that, $20 million was for pain and suffering.

As you can see, the range of what you can obtain for your losses is extensive. There is no simple calculation method available (though there are some uses of a multiplier factor based on your medical losses).

Schedule a Free Case Review for Pain and Suffering Loss

Our New York personal injury attorneys will provide you with a free case review to discuss your case at length. This is the only way to get an idea of just how much your pain and suffering claim may be worth. With over 20 years of experience and a success rate of over 98 percent, you can depend on Siler & Ingber, LLP. Call us now at 1-516-294-2666 for use our online contact form to get more information about your case.

Share this post

Share on facebook
Share on twitter
Share on linkedin
Share on email

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

PROMOTION PERIOD: The Siler & Ingber Mineola MegaStar Contest begins on March 20, 2023 at 12:00 am ET and
ends on May 1, 2023 at 11:59 PM ET.

ELIGIBILITY: To be eligible, a MegaStar must be a legal U.S. resident at least 16 years of age as of date of
Nomination. A Mineola MegaStar is defined as a person who lives or works in Mineola and is admired or idealized for their courage, dedication, outstanding achievements, or noble qualities. By participating, Entrants agree to be
bound by the official rules. Sponsors reserve the right to verify and determine eligibility in their sole discretion.

TO PARTICIPATE: During the Promotion Period, Siler & Ingber will accept from the members of the public (herein, the “Nominators”) nominations of Eligible Entrants (Mineola Megastars) who live or works in Mineola. Nominations may be entered by visiting www.nylawnet.com/mineolamegastar and completing the online form and essay submission or by emailing photo and essay to marketing@nylawnet.com during the Promotion Period to receive one (1) entry. Essay must not exceed 500 words. Acceptable essay formats are word documents or pdf ONLY. Nominations submitted without all required information or after the Promotion Period will be disregarded.
Online submissions must be received by May 1, 2023 at 11:59 PM ET to be eligible. All entries become the exclusive property of Siler & Ingber and will not be acknowledged or returned.

ESSAY: During the promotion period, an Entrant can nominate a Mineola MegaStar for the contest by submitting a
photo and essay. The essay must describe why the individual should be chosen as the award winner, including how the individual demonstrates some or all of the following qualifications:

1) an inspiring example to others by helping make Mineola a better place to live (through volunteerism, extra-curricular actives, special projects, giving back, etc.)

2) going above and beyond to aid a friend, family member, stranger or community in a time of need; and/or

3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete. An Entrant cannot nominate more than one Hero.

Submitted Materials: Each essay must satisfy all the following submission requirements the Submission


Requirements:

· The essay must be the original creation of Entrant.

· The essay must not portray any recognizable individual without their prior consent, including consent from the
Hero.

· Entrant must either own all rights to the essay or otherwise have the right to submit the essay in the contest and to provide the rights to Sage Surfaces as set forth herein.

· The essay must not infringe any third party’s intellectual property rights.

· The essay may not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.

· The essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

· The essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.

· The essay must otherwise be appropriate for publication or broadcast or display on a general interest website.

By submitting an essay, each Entrant represents and warrants that the essay meets all of the submission
requirements and that the distribution, reproduction, display and any other uses of any part of the essay by Siler & Ingber as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Siler & Ingber harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by contestant or of these official rules.

By submitting an essay, Entrant grants to Siler & Ingber a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the essay) to display or otherwise use the essay in connection with this promotion and as set forth herein. If Siler & Ingber determines, in its sole discretion and at any time during the promotion period, that any nomination violates the submission requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these official rules, Siler & Ingber reserves the right to remove and disqualify the essay. Siler & Ingber retains sole
discretion as to whether any nomination satisfies the submission requirements and the official rules.

WINNER SELECTION: For the entry period, a panel of judges will select potential Mineola Megastar finalists based on the compelling nature of the essay based on the criteria set forth herein. Top 5 entries will be announced on May 10, 2023. We will post the top 5 on social media. Final winner announced May 15, 2023. Award Ceremony for Mineola MegaStar will take place on May 19, 2023.


WINNER NOTIFICATION AND RELEASES: We will attempt to notify potential winners via telephone and/or email. If a potential winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these official rules, (c) does not meet the eligibility requirements, (d) declines the prize, he or she will be disqualified, and an alternate winner will be selected by applying the criteria set forth above.
PRIZES: There is 1 Mineola MegaStar. Winner will receive a $500 Cash Prize.

PUBLICITY AND MARKETING: Submission of a nomination in the contest constitutes permission to Siler & Ingber to use Entrants name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law.

PRIZE RESTRICTIONS: No transfer, assignment, sale, duplication, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsors, which reserve the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined by Sponsors. Sponsors are not responsible for and will not replace a lost or stolen Prize or any component thereof. All Prize details are at Sponsors’ sole and absolute discretion. Non-compliance with these Official Rules may result in disqualification and, at Sponsors’ sole discretion, the awarding of Prize to an alternate winner.

VERIFICATION OF OFFICIAL WINNER: ALL PRIZE WINNERS ARE SUBJECT TO ELIGIBILITY VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

Do I Have A Case

    Skip to content