Unraveling Pain and Suffering

When someone is involved in a car collision, trip/slip and fall occurrence, or medical malpractice incident and suffers from some kind of significant injury or death through the fault of another, attorneys bandy about the term “pain and suffering.” They are referring to the non-economic harms and losses incurred by one person as a result of another person’s negligent, reckless or careless actions or inactions.

“Pain and suffering” resulting from wrongful or improper conduct can include physical pain, emotional or psychological distress or humiliation, disfigurement, and loss of the ability to work or enjoy activities of daily living. If the incident causing “pain and suffering” is the fault of another person, the injured person may be able to seek monetary compensation for both past and future pain and other damages. In the event of a wrongful death claim, the estate of the deceased may be able to recover for the pain and suffering experienced by their loved one prior to death. The fear of imminent injury or death may also be considered a viable pain and suffering claim under New York law.

Economic damages, the cost of property damage, medical costs, and lost wages, are relatively easy to calculate.  It is not as easy to determine the value of non-economic damages, “pain and suffering”, as there is no 100% fixed dollar amount associated with “pain and suffering.” We often figure out the value of a particular injury or death by referencing similar past settlements and verdicts and then communicate this information to insurance claim adjusters, defense attorneys, judges, and juries.

The process of deterring the value of damages for “pain and suffering” is one of the more challenging issues involved in any personal injury or wrongful death case. Choosing the right legal team to handle your case may be the most important decision of your life and crucial to a successful outcome. Select a local New York City personal injury lawyer with a proven reputation to give you a knowledgeable case evaluation, solid legal advice, and the attention you and your family deserve in your time of need.

We specialize in evaluating your entire claim, including economic and non-economic losses, to determine all avenues of a possible recovery, via insurance or otherwise.  This is a friendly reminder to always be sure to obtain a full copy of your entire insurance policy from your agent/broker or directly from the insurance carrier. This is not just the declaration of coverages or renewal of those declarations which provides mostly just the dollar amounts of your coverages. The actual policy is usually lengthy and contains very important information about the specific terms and conditions of your coverage agreement and when, where, and how timely and proper Notices must be given to the insurance company after an incident triggering coverage. It is something that must be carefully reviewed in the event of a potential claim.

The insurance companies rarely, if ever, provide a replacement copy of the actual policy to help homeowners, vehicle owners, the injured, infirmed, etc. once a potential claim is on the horizon. Do yourself a BIG favor, and please keep the original policy, any endorsements, brochures, declaration sheets, and renewal notices together in a safe and memorable place. Hopefully, you will never need to review them, but if necessary, easily finding those insurance documents can be invaluable.

At Peter DeFilippis & Associates, we are highly skilled at assessing fault and damages so you can determine if you have a viable claim worth pursuing in a court of law. We fight to obtain the maximum amounts for past and future pain and suffering damages on behalf of our clients. Consultations with us are always free and we do not get paid unless we recover money for you and your family. Contact us today. Call 212-227-4001 or 914-478-7777.