Friedman, Hirschen & Miller, LLP

New York residents dealing with an injury may be wondering just how much pain and suffering must be endured to receive a damage award. Although damages are not available for all forms of pain and suffering, a personal injury victim may question exactly what kind and how much is needed.

Generally, damages for pain and suffering can be awarded for any past, present or future physical pain. Damages are awarded by a jury that draws on its common sense and logic to determine a reasonable award amount for non-economic damages.

Because juries often receive minimal guidance from the court, damage awards can vary greatly between cases. Juries consider several factors when calculating an award for pain and suffering. These include the age of the victim, the type of injury and how likely it is the victim will continue to experience pain and suffering in the future.

States can place their own limitations on pain and suffering damages. Some states choose to cap awards at a certain amount. However, New York is one of the few states that doesn't place a limit to the amount of pain and suffering damages. This means the amount a personal injury victim can potentially be awarded is unlimited.

However, because the state of New York is a no-fault state, it may be harder for auto accident victims to obtain pain and suffering damages. Medical bills are paid for people injured in car accidents regardless of fault, making a pain and suffering claim more difficult to establish.

New York also allows relatives of a deceased victim to bring a lawsuit as long as it is filed within 12 to 36 months after the incident. Depending on the circumstances of the case, relatives of a personal injury victim may also be able to obtain pain and suffering damages.

If you have experienced a personal injury, either intentionally or accidentally, you may be entitled to compensation for pain and suffering. A knowledgeable personal injury attorney can provide guidance and assist with filing a claim if necessary.