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Can You Sue for Pain and Suffering in New York?

After a serious injury, you may have suffered more than financial losses. But can you sue for pain and suffering in New York? The answer is yes. If you’ve been injured due to someone else’s negligence, such as in a car accident, you may have grounds for pain and suffering.

If you’re facing serious losses because of your injuries, reach out for help with your claim. At Greenstein & Milbauer, LLP, we’re ready to help you get the help you need to sue for all your damages.

What Is Pain and Suffering?

The amount of compensation you may be entitled to is based on your damages. Your damages can include both economic and non-economic damages. Pain and suffering are part of your non-economic damages. Other examples of non-economic damages include the following:

  • Disfigurement and scarring
  • Disability and impairment
  • Loss of quality or enjoyment of life
  • Embarrassment or humiliation
  • Sexual dysfunction
  • Emotional injuries such post-traumatic stress disorder (PTSD), depression, anxiety and anger
  • Grief
  • Loss of companionship, love and affection

How Can My Injuries Impact My Damages?

The amount of compensation you receive for your pain and suffering in New York partly depends on the type of injury you sustained. More severe injuries can lead to more suffering and decreased quality of life.

Injuries that increase the amount of compensation for your pain and suffering include the following:

  • Broken or fractured bones
  • Concussions and other traumatic brain injuries (TBI)
  • Nerve and spine damage
  • Scarring and permanent disfigurement
  • Burns
  • Back injuries such as fractured vertebrae, herniated discs, bulging discs and ruptured discs
  • Amputations
  • Disfigurement cuts, burns, scarring and amputations
  • Internal organ damage
  • Headaches
  • Pulled or sprained muscles
  • Torn ligaments or tendons
  • Dislocated joints
  • Paralysis

Other Damages You May Be Entitled To

While compensation for your pain and suffering might depend on the type of injury you sustained, your economic damages are easier to calculate. Economic damages are based on your monetary loss. Economic damages caused by someone else’s negligence can include the following:

  • Past medical expenses
  • Future medical expenses such as surgery, physical therapy and occupational therapy
  • Loss of earnings
  • Loss of earning potential and benefits
  • Travel expenses to and from medical appointments
  • Home health care
  • Home services
  • Prescriptions
  • Medical supplies and equipment
  • Modifications to a residence and vehicle to accommodate a disability

Proving Your Pain and Suffering

Your pain and suffering is proven with your medical records. The medical records will detail the subjective complaints you told your doctors. Your medical records will describe your pain level, clinical findings, objective findings (such as an X-ray documenting a fracture or MRI demonstrating a herniated or bulging disc).

Your pain and suffering can also be proved through your testimony regarding the impact of your injuries on your life and daily activities. Additionally, your economic damages can be established with documentary evidence such as pay stubs, medical bills & receipts. Your lawyer can help you gather this evidence and take action.

Seek Out an NYC Personal Injury Attorney

If you or somebody you love has been injured due to an accident, our team of lawyers can help. The New York City accident attorneys at Greenstein & Milbauer, LLP have over twenty-five years of experience negotiating with insurance companies and pursuing litigation. We can help accident victims recover maximum compensation for their pain and suffering.

Our lawyers are here to help, starting with a free consultation. Reach out by calling 1-800-VICTIM2 (842-8462) or by completing the online contact form below.

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