You can definitely sue for pain and suffering for a New York accident. That is usually the largest and most important item of damages.
What is Pain and Suffering?
This is what lawyers refer to as “non-economic damages.” Your economic damages are those that can be calculated mathematically. Your income, medical bills, Ubers to and from doctors, etc. The hardest calculation of all is that for which there is no objective calculation.
How much one’s pain is worth ultimately depends on the jury, and the judges on the appellate division who may have the chance to reduce or even increase what the jury gave you.
Factors that contribute to the amount of pain and suffering are:
- Post-surgical complications
- Broken bones (Fractures)
- Limitations of movement
- A long recovery time
- Inability to perform activities of daily living – bathing, dressing, etc.
- Difficulty doing the activities you used to do before the accident for fun – sports, dancing, volunteering, etc.
- Difficulty or inability to enjoy sexual relations
- Inability to work
If you have been injured and are suffering through any of the above, you may have a case. It’s important to speak with an experienced personal injury lawyer today. The accident lawyers at Haicken Law have experience getting millions of dollars for the pain and suffering of ordinary New Yorkers. We look forward to speaking with you about your New York accident case.