The law does not say you need an attorney for pain and suffering in New York. You have the right to represent yourself in both settlement negotiations or a personal injury lawsuit after an accident.
Pain and suffering is a type of noneconomic damage that typically does not have a clear dollar amount attached to it. Because of this, proving the value of your pain and suffering can be challenging. In some cases, such as car accidents, obtaining pain and suffering may require you to prove that you suffered a serious injury as defined by New York Civil Insurance Law (ISC) §5102(d).
When you choose to work with a personal injury attorney on your case, they can collect evidence to demonstrate your pain and suffering, and pursue compensation on your behalf in both settlement negotiations or a lawsuit.
Examples of Personal Injury Accidents
The Centers for Disease Control and Prevention (CDC) reports that accidents lead to almost 40 million doctor’s visits in 2016 and 170,000 deaths in 2017.
Slips and falls, vehicle accidents, defective product accidents, medical malpractice, construction accidents, and nursing home abuse can all lead to serious and long-term physical harm. When a negligent party causes this type of accident, the victims may be able to recover compensation for several types of damages in a personal injury lawsuit, including pain and suffering. (In some cases, even non-negligent parties are legally responsible for damages, such as a non-driving car owner or a property owner and general contractor in some construction accident cases.)
Examples of how accidents can occur—and who may be held liable for the resultant damages—are as below:
- A car driver drives recklessly, violates a traffic law, or drives under the influence of drugs or alcohol and causes an accident.
- A truck driver works more than the allowed hours and drives while drowsy. They fall asleep at the wheel, causing a catastrophic accident.
- A truck company hires inexperienced drivers or does not provide adequate training, and driver inexperience leads to an accident.
- A maintenance team does not inspect or repair a vehicle such as a car, truck, or motorcycle. As a result, an equipment or parts failure, such as a tire blowout or brake failure, occurs and causes an accident.
- A negligent doctor makes mistakes while treating a patient and injures them.
- A nursing home allows a resident to be abused.
For all of the cases above, the injured party may be able to seek compensation for his or her losses by filing a personal injury claim.
For a free legal consultation, call 516-932-0400
Filing a Personal Injury Claim
First, to file a personal injury claim, you must identify the at-fault party responsible. Next, you must identify your types of damages and quantify them. Depending on the details of your accident, these may include:
- Medical treatment costs, including rehabilitation, therapy, and medicine
- The estimated future costs of accident-related medical care
- Lost wages for missed time at work due to the accident
- Reduced earning capability, if applicable
- Property damage
- Pain and suffering and other non-economic damages
While vehicle repair costs and medical treatment costs can be proven using invoices and expense sheets, pain and suffering and future damages may be harder to quantify. A personal injury lawyer can gather evidence of these types of damages on your behalf when they represent you.
Wrongful Death Claims
In the tragic event that your loved one passed away due to the actions of a negligent party, we offer our heartfelt condolences to you. You may be able to recover different types of damages in a wrongful death lawsuit. A lawyer who handles wrongful death claims can tell you what specific types of damages may be recoverable in your wrongful death case.
Work with Friedman & Simon, L.L.P. on Your Case
Although you do not need, as far as any legal rule is concerned, an attorney for pain and suffering damages, working with an attorney can take the burden of legal work off of your shoulders and give you space from the legal proceedings to focus on your recovery.
Friedman & Simon, L.L.P. represents victims in personal injury and wrongful death lawsuits on Long Island and the greater New York City area. When we work together on your case, our lawyers will:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
We will also pursue pain and suffering damages on your behalf if you are eligible. We will build your case with testimony from medical experts, vocational rehabilitation specialists, life care planners, and economists, as necessary.We have been representing injury victims since 1991. We are dedicated to winning the best possible results for our clients while providing excellent, compassionate service.
For a free, no-obligation consultation on your case with a member of our team, please contact Friedman & Simon, L.L.P. today at (516) 932-0400. Our multilingual staff takes calls in Spanish, Greek, Bengali, Tamil, and Kannada.