Pain and Suffering Compensation in Buffalo Car Accident Claims
After a car accident, you may suffer various losses. There may be car damage, medical expenses, lost wages, and more. Then there are the less recognizable losses, such as pain and suffering. If you hurt your back, broke a bone, or suffered head trauma, you are likely feeling the pain. The pain may be severe enough to interfere with your sleep and daily activities. You may have pain for a few months, a few years, or maybe even the rest of your life.
Our car accident attorney in Buffalo, NY, can help get the compensation you need for pain and suffering. Pain and suffering refer to the physical discomfort and emotional distress that a person experiences after suffering an accident. It includes pain, discomfort, inconvenience, anguish, and emotional trauma.
In New York, the term “pain and suffering” also refers to the loss of enjoyment of life. Loss of enjoyment of life refers to a person’s diminished ability to participate in and enjoy the daily activities and pleasures they previously engaged in before being injured.
What Counts as Pain and Suffering in a Buffalo Injury Claim
This will vary primarily based on the severity of the injuries. Insurance companies tend to make two assumptions:
- The higher the amount of medical treatment required, the higher the pain and suffering.
- Injuries that take longer to recover from result in more pain and suffering.
The insurance company will likely request medical records about your accident and injuries. This is why getting immediate medical care should be a priority. If you take too long to see a doctor, the insurer will assume you were not in too much pain and therefore not severely injured. This will reduce the amount of compensation you will receive for pain and suffering.
Main Ways to Calculate Pain and Suffering
The “multiplier” method. A standard method for calculating pain and suffering in car accident cases is the multiplier method. This approach starts by totaling the claimant’s medical expenses related to the accident. That amount is then multiplied by a number — typically between 1.5 and 5 — to estimate the value of non-economic damages. The exact multiplier used depends on several factors, such as:
- Severity of the injuries
- Likelihood of a complete and timely recovery
- The effect on the claimant’s daily life and activities
- How fault is established in the accident
The “per diem” method. The per diem method is a less commonly used approach to valuing pain and suffering. It involves assigning a specific dollar amount to each day the claimant endures the physical and emotional effects of their injuries. Determining a fair daily rate can be challenging, and this method is generally more suitable for short-term injuries with a clear recovery timeline. It’s less practical for long-term or permanent conditions, where the suffering continues indefinitely.
Speak With Our Car Accident Lawyer About Compensation
A car accident can cause lasting harm, both physically and emotionally. If you’re dealing with ongoing pain, stress, or a reduced quality of life, you may be entitled to compensation for pain and suffering.
At Steve Foley Law Firm in Buffalo, NY, we can evaluate your case and help you pursue the full compensation you deserve. Don’t wait—call Steve Foley to help you obtain the compensation you need to recover from your injury. Schedule a consultation today. Contact us via (716) 575-3236 or online here.