Law

Can you file a suit for pain and suffering after a car accident?

Can you file a suit for pain and suffering after a car accident? The answer is Yes if you according to the New York personal injury law. What is pain and suffering?  Pain and suffering means injuries and damages caused due to accident or negligence. An aggrieved party can file a suit for claiming the compensations for his damage. But it is daunting task to prove pain and suffering because it is not visible in the naked eye. To prove your injuries, it is very important to seek help from a personal injury lawyer. The question is how can quantify your pain and sufferings?

How to calculate the emotional damages caused by an accident?

 It is the role of an attorney is to reimburse you with the highest possible settlement as far as possible. However, emotions are abstract which cannot be quantified. Therefore, the court does not have much to do but give you your compensations.  As far as the process of Personal Injury is concerned, there are two methods which are used for calculating emotional damages- Par Diem method in which the total time for recovery is calculated which is then multiplied with a certain amount. This total recovery from pain and suffering is then added to the monetary damages caused. Another method that is used is the multiplier method in which the insurance company will multiply your monetary losses with a given number which will then be added to the monetary damages caused.

In most of the cases, the insurance companies will take the smallest number to multiply your damages so that they can give you the lowest settlement. To avoid such things, it is always better to seek professional help. There is a system of New York no fault insurance claim which is also known as the Personal Injury Protection. In this insurance policy, you will be given a fixed sum of amount for income loss and medical bills irrespective of who is at fault.

How much can you sue in New York for pain and sufferings?

Every case is different and the courts make use of different formula and ways to decide on the compensation. So it is difficult to assert any price tag for your claim. However, there is a thumb rule that compensations for pain and suffering shouldn’t be excessively high and the compensation has to be calculated meticulously on the basis of your damage. In case of New York, there is no limit on the amount that should be compensated. It has been left to the discretion of the lawyer. As compared to the others, New York usually provides a big amount for pain and sufferings claim. However, filing the claim would require you to seek help from a car accident attorney because he will professionally handle everything.

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