Unraveling Pain and Suffering
When individuals are involved in car collisions, trip/slip and fall accidents, or medical malpractice incidents resulting in significant injury or death due to the negligence, recklessness, or carelessness of another person, attorneys often use the term “pain and suffering.” This refers to the non-economic harms and losses endured by the affected person as a consequence of someone else’s actions or inactions. “Pain and suffering” resulting from wrongful conduct encompasses physical pain, emotional distress, psychological anguish, humiliation, disfigurement, and the loss of ability to work or enjoy daily activities.
If the incident leading to “pain and suffering” is indeed the fault of another person, the injured party has the right to seek monetary compensation for both past and future pain and other damages. In the case of a wrongful death claim, the deceased’s estate may be eligible to recover damages for the pain and suffering experienced by their loved one before their passing. Under New York law, the fear of imminent injury or death can also be considered a valid claim for pain and suffering.
Unlike economic damages, such as property damage costs, medical expenses, and lost wages, the value of non-economic damages like “pain and suffering” is not straightforward to calculate. There is no fixed dollar amount associated with it. Typically, the value of a specific injury or death is determined by referencing similar past settlements and verdicts, which is then communicated to insurance claim adjusters, defense attorneys, judges, and juries.
Assessing the value of damages for “pain and suffering” is one of the most challenging aspects of any personal injury or wrongful death case. Choosing the right legal team to handle your case is crucial for a successful outcome. It’s essential to select a local New York City personal injury lawyer with a proven reputation who can provide you with a knowledgeable case evaluation, solid legal advice, and the attention you and your family deserve during your time of need.
At Peter DeFilippis & Associates, we specialize in evaluating your entire claim, including economic and non-economic losses, to explore all potential avenues for recovery, whether through insurance or other means. We strongly recommend obtaining a full copy of your entire insurance policy from your agent/broker or directly from the insurance carrier, as this document contains vital information about the specific terms and conditions of your coverage agreement, including when, where, and how to give timely and proper Notices to the insurance company after an incident triggering coverage. Keeping the original policy, endorsements, brochures, declaration sheets, and renewal notices together in a safe and memorable place can prove invaluable in the event of a potential claim under an endorsement in your own policy.
Insurance companies seldom provide a replacement copy of the actual policy to those involved in potential claims, be it homeowners, vehicle owners, the injured, or the infirmed. Therefore, having easy access to your insurance documents is vital.
Our team at Peter DeFilippis & Associates excels in assessing fault and damages, helping you determine if you have a viable claim worth pursuing in court. We are dedicated to fighting for the maximum amount of past and future pain and suffering damages on behalf of our clients. Our consultations are always free, and we only get paid if we successfully recover money for you and your family. Don’t hesitate to contact us today for assistance. Call 212-227-4001 or 914-478-7777.