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What is included in pain and suffering?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: May 13, 2019

Read Time: 4 mins

If you suffer an injury because of someone else’s negligence or recklessness, you are often entitled to pursue compensation against that party or his insurance company. In addition to providing evidence that the other party was legally responsible for the accident, you also need to show how much you should be paid. Part of this amount – the “special damages” like medical expenses and lost wages – are relatively straightforward. But “general damages” like pain and suffering are not as well understood. A personal injury lawyer can determine how much your claim is worth and advocate for maximum compensation.

What constitutes pain and suffering in a lawsuit?
“Pain and suffering” is a broad, catch-all term that encompasses both the physical pain and the emotional stress brought about by the injury. The physical pain can include things like ongoing soreness, physical disability (temporary or permanent), and scarring or other disfigurement. Emotional and other non-physical suffering can include anxiety, trauma, depression, embarrassment, impaired quality of life, and loss of consortium.

These non-economic damages are referred to as “general” damages because they are not easy to quantify in a given situation the way economic losses like medical bills are. Instead, they are understood to generally apply in the case of an injury. But this does not mean that you should be complacent – pain and suffering typically accounts for a significant proportion of a settlement or award so you should work with a lawyer who will fight for full compensation or they may be under-valued.

Are pain and suffering awards capped?
Some states have enacted laws limiting the amount that a plaintiff may recover in non-economic compensatory damages. For example, in Maryland in 2019, non-economic damages in both personal injury and wrongful death cases is $860,000. New Jersey does not limit non-economic damages like pain and suffering in this way, although it does place a cap on punitive damages. New York does not place any caps on personal injury awards, allowing accident victims to recover as high an amount as is justified by the severity of their suffering.

Proving pain and suffering
Since pain and suffering are subjective, it is important to have convincing evidence to help substantiate your claim. Your medical bills will play a part but they will not tell the whole story of how the injuries have impacted you.

Speak with an experienced personal injury lawyer to get an informed idea of what other information may be helpful for establishing your claim. It may include diaries of how you felt day-to-day after the accident, expert testimony from a doctor who can explain how long pain should last, or even therapy-related information that shows the emotional toll you have been through. It is important to work with an attorney throughout this process because will give up some privacy in making claims based on medical or therapeutic records but your lawyer can help protect you from overreaching by the other party.

Calculating pain and suffering
There are two common methods for calculating pain and suffering. The method more commonly used is a multiplier. This takes the total of the economic damages and multiplies it by a factor depending on the severity of the injuries. The less commonly used method is referred to as “per diem”; a value is assigned for each day that suffering is expected to continue, and that is multiplied by the number of days it should persist.

Most personal injury claims are settled with insurance companies before trial. Insurance adjusters usually base pain and suffering calculations on computer programs like Colossus. These programs ask a series of questions related to the claim, including details about medical treatment, degree of impairment, geographic location of the injury, and even the plaintiff’s attorney’s history of taking claims all the way to trial. It is important that you choose an attorney who understands the factors that these programs take into account – without a strong advocate on your side, the insurance adjuster may want to conveniently overlook some key factors when generating a claim value via the program.

Partner with an attorney who will fight for full compensation
Awards for pain and suffering can vary drastically because they depend on the experience of the person suffering. When you have been injured in an accident in New York or New Jersey, put your trust in a personal injury lawyer who understands the system and the stakes.

Call the office of Katrowitz, Goldhamer & Graifman today to schedule a free consultation with a personal injury lawyer in New York or New Jersey. We are here to serve you and offer evening appointments for your convenience.

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   Kenny Perlow 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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 86 days ago
 
 
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   Jana Montero 
 89 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 124 days ago
 
 
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   Mike Greenspan 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 147 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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What is included in pain and suffering?

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