Medical bills have numbers attached. So do lost paychecks. But what about the sleepless nights? The activities you can’t do anymore? The constant ache that reminds you something’s wrong?
That’s where pain and suffering damages come in. When someone else’s negligence injures you, the law recognizes you’ve lost more than money. You’ve lost comfort, independence, and peace of mind. These non-economic damages don’t come with receipts, which makes them trickier to calculate.
At Hurwitz, Whitcher & Molloy, we’ve spent years helping injured people throughout Western New York understand how courts value these intangible losses and what it takes to prove them.
What Actually Counts As Pain And Suffering
New York law casts a pretty wide net here. Physical pain is the obvious one. That includes the immediate trauma from your injuries and the discomfort that drags on during recovery. Sometimes for months. Sometimes longer.
Emotional suffering is also factored in. This includes (but is not limited to) anxiety about the future, depression due to not working or being unable to be involved with your family, and any other psychological trauma that an X-ray won’t catch, that still affects your life. Even a simple loss of enjoyment of previous hobbies and activities, such as sports or gardening, demonstrates suffering.
Disfigurement and scarring also fall under this umbrella, particularly when visible injuries change how you see yourself or how others treat you. Physical limitations that force you to rethink how you move through the world contribute to the overall picture.
How Courts Actually Calculate These Damages
New York uses two primary methods, though neither one is mandatory. Juries get a lot of discretion here.
The multiplier method takes your economic damages and multiplies them by a number between 1.5 and 5. The severity of your injury determines where you land on that scale. A minor soft tissue injury? You’re looking at the lower end. Permanent disability? That pushes you higher.
The per diem approach assigns a daily dollar value to your suffering and multiplies it by however many days you’re dealing with pain. This works better for injuries with clear recovery timelines.
But don’t get too attached to formulas. Juries aren’t bound by either method. They can award what they think is fair based on everything they hear and see.
What Makes Your Award Go Up Or Down
Several factors influence how much compensation you’ll actually receive:
- Injury severity: Broken bones, traumatic brain injuries, and spinal cord damage result in higher awards than sprains or bruises
- How long treatment lasts: Extended recovery periods with multiple surgeries prove you’re still suffering
- Whether impairment is permanent: Disabilities you’ll carry for life justify substantially more compensation
- Impact on daily activities: Evidence showing you can’t work, exercise, or care for yourself the way you used to
- Your age and life expectancy: Younger victims facing decades with their injuries often receive higher awards
The Evidence That Actually Matters
Strong documentation separates adequate compensation from settlements that fall short. Your medical records need to detail every symptom, starting from the emergency room through ongoing treatment. When your physician directly links your pain to the accident, that carries real weight.
Personal testimony matters more than people realize. Keep a journal tracking daily pain levels, activities you’re missing, and how you’re feeling emotionally. It provides concrete evidence instead of vague claims.
Photographs help. Document visible injuries at different healing stages. Juries need to understand what you’re experiencing, and pictures do that better than words sometimes.
Don’t underestimate testimony from people who know you. Family members, friends, and coworkers who’ve watched how the injury changed your life add credibility. When they describe specific ways you struggle with tasks you once handled easily, juries connect with the human reality of your situation.
Why Insurance Companies Push Back
Insurance adjusters will minimize your pain and suffering claim. Count on it. They’ll argue your injuries aren’t that serious. They’ll suggest you’re exaggerating symptoms or that pre-existing conditions caused your pain. They’ll point to any gaps in treatment as proof you recovered faster than you’re claiming.
Working with a Buffalo Personal Injury Lawyer who knows these tactics helps. We gather comprehensive evidence that tells your complete story and shows the true extent of what you’re dealing with.
New York’s Serious Injury Threshold
If you’re injured in a car accident, there’s an extra hurdle. New York Insurance Law § 5102(d) requires you to meet a “serious injury” threshold before you can recover pain and suffering damages at all.
What qualifies? Permanent loss of use of a body part. Significant limitation of bodily function. Or a medically determined injury that prevents substantial daily activities for at least 90 of the first 180 days after the accident.
Meeting this threshold isn’t automatic. You need detailed medical documentation and sometimes testimony from your treating physicians. A Buffalo Personal Injury Lawyer can help build the medical record required to clear this bar.
Pain and suffering damages often represent the largest portion of injury settlements and verdicts. Courts recognize that injuries disrupt more than your finances. They limit what you can do, force you to give up activities you love, and cause genuine distress that deserves compensation.
If you’ve been injured in an accident, we can help document your pain and suffering, push back against insurance company tactics, and pursue fair compensation for everything you’ve endured. Reach out to discuss your situation and learn what your claim might be worth.