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How Does Pain and Suffering Affect My Compensation Judgment?

By Dansker & Aspromonte

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July 20, 2024

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The very act of being injured is traumatic. Depending on the severity of the injury, the person can experience mental and emotional anguish on top of the physical pain that can often be long-lasting. In the legal world, such pain and suffering can be compensated for if the injury was due to the omission or negligence of another person or party.

“Depression-loss of loved one” by Baker131313 – Own work. Licensed under Public domain via Wikimedia Commons.

If this is the case, the judge or selected jury may determine that excessive pain and distress was placed on the injured party and award them monetary compensation above and beyond an awarded amount to cover medical expenses, lost wages, etc. Pain and suffering awards are not confined to the actual accident, but can also include trauma from surgeries, physical therapy or other medical treatments, disfigurements, and even diminished life enjoyment. Damages can also be claimed for emotional distresses such as shock, embarrassment, anxiety, humiliation, worry, terror, and more.

The amount of pain and suffering awards are normally determined by analyzing the surrounding circumstances of the accident, taking witness statements, and comparing the injured party’s life before the injury to their experience after to determine an approximate loss of life quality.

For a free legal consultation, call (212) 540-2981

It is prudent to speak to a personal injury attorney in NY if you have received an injury in the state. Our professional NY personal injury lawyers will help determine what pain and suffering you have experienced due to the accident as well as discuss the probable compensation amounts that may be awarded by a judge or jury.

Call or text (212) 540-2981 or complete a Free Case Evaluation form

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