New York, like all other states, has laws in place regarding legal claims that seek compensation for damages when another individual’s or group’s negligence, recklessness or malice has caused injury or illness. For example, if you undergo surgery and later discover that the surgeon operated on the wrong body part, you will have grounds for filing a medical malpractice lawsuit. Another example would be if you suffer personal injury in a motor vehicle collision that a drunk driver caused.
In addition to property damage and medical bills, etc., a plaintiff can seek compensation for pain and suffering. It’s difficult to determine the monetary value for a person’s pain and suffering. Every state has its own guidelines and rules regarding this aspect of filing a personal injury claim.
Financial recovery for pain and suffering in a personal injury case
Following a motor vehicle collision or botched medical procedure, you might be able to physically heal from your injuries as time passes and you receive proper treatment. However, there is no way to undo the pain and suffering that the situation has caused. In fact, in many cases, emotional trauma, physical pain and suffering continues long after an initial injury or illness has healed.
If a medical error or car accident causes brain trauma or a spinal cord injury, you might experience pain and suffering for the rest of your life. Various factors help judges and juries determine a reasonable amount of compensation for such damages. Such factors include things like medical bills, as well as the plaintiff’s loss of income or inability to earn income in the future, physical disfigurement, loss of consortium and more.
New York does not place a cap on compensation
In many states throughout the country, there is a cap on pain and suffering damages in a personal injury claim. If you were to file a claim in one of these states, there would be a specific limit to the amount of compensation you may request for pain and suffering. In New York, there is no cap, except if you were partially at fault for your injuries.
Pure comparative fault rules apply to certain cases, especially motor vehicle collisions. If you were partially responsible for the collision that resulted in your pain and suffering, it would affect your personal injury claim. The court would reduce compensation for pain and suffering in accordance with your percentage of fault. For instance, if you were 20% responsible for a car accident, you may request an 80% value for damages.
