If you’ve been injured in an accident in New York state, due to someone else’s negligence, you may be eligible for pain and suffering damages in your settlement or award. In New York, you must meet the “serious injury threshold” to qualify for pain and suffering compensation. Pain and suffering damages would cover the physical and emotional toll of your injury if your accident was caused by the negligence of another party. Pain and suffering settlements in New York are handled in a particular fashion. For example, New York is a no-fault state, and automobile accidents that accrue medical bills or lost wages are covered by your own insurance coverage, no matter who cased an accident.
Pain and suffering damages would be paid from the insurance and/or assets of the negligent party in your accident. If your accident is a slip and fall, nursing home negligence, a construction accident, or some other non-automotive accident – pain and suffering claim would be brought against the responsible party and their liability insurance would be primary, whether it’s a building, business, homeowners, or general liability policy.
Completed Cases that Include Pain and Suffering Settlement Examples in New York
How much compensation you get for pain and suffering settlement in New York after an accident varies based on the unique circumstances of each situation and the severity of your injuries. Based on our own data on this page, the average pain and suffering settlement is between $125,000 to $1,500,000.
Our client was struck by a pickup truck while walking, resulting in a traumatic brain injury, neck injury, and back injury. The neck injury necessitated surgical intervention. Despite an initial lowball offer of $35,000, we were able to secure a substantial $1.5 million settlement for our client.
My client was seriously injured in a rear-end collision with a semi-truck. The impact caused significant damage to their neck, shoulder, and back. The shoulder injury required surgery to repair the damage. After diligent negotiation and preparation for trial, we were able to secure a $1.1 million settlement on their behalf.
Our client, a pedestrian, was struck by a vehicle in a gas station parking lot, sustaining injuries to their back and neck. While no surgery was required, the pain and suffering caused by these injuries were significant. After careful negotiation, we were able to secure a $125,000 settlement, a significant increase from the initial offer of $10,000.
What is the Serious Injury Threshold in New York State
In New York, there’s a legal hurdle you need to overcome to recover pain and suffering damages in a personal injury lawsuit, known as the “serious injury” threshold. This threshold is defined by New York Insurance Law § 5102(d).
Here’s what qualifies as a “serious injury” under New York law:
- Objective injuries:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of use of a body organ or member
- Medically determined impairment:
- A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all the material acts which constitute such person’s usual and customary daily activities for not less than ninety (90) days during the one hundred eighty (180) days immediately following the occurrence of the injury or impairment.
If your injuries don’t meet one of these categories, you won’t be eligible for pain and suffering damages in a personal injury lawsuit in New York. It’s important to consult with one of our personal injury lawyers to understand if your injuries meet the threshold and how to proceed with your case.
Accidents Settlements That May Provide Pain and Suffering Compensation in New York
Here are some examples of different accident categories and how pain and suffering settlements would be paid, should you win the negotiations or lawsuit against the negligent party.
Car Accident Pain and Suffering Settlements
Even after no-fault insurance covers medical bills and lost wages from a New York car accident, you may deserve more. Pain and suffering compensation acknowledges the toll of your injuries, both physical and mental. This can include ongoing pain, limitations due to your injury, emotional distress, and the inability to enjoy activities you once did. To pursue pain and suffering compensation in New York, you’ll need to prove the other driver’s negligence caused your accident and significant injuries that meet the state’s “serious injury” threshold. A great personal injury lawyer familiar with New York’s no-fault laws, like our excellent team at Cohen & Cohen Personal Injury Lawyers, P.C. is crucial to navigate the process and potentially recover what you are due beyond medical bills, lost wages, and property damage after a car accident
Slip and Fall Accident Pain and Suffering Settlement Lawyers Near You
Even after covering medical bills through an insurance claim following a New York slip and fall accident – either on public or private property, the emotional and physical impact of a serious injury can linger. Pain and suffering settlements address these long-term consequences. They compensate you for the ongoing pain, limitations caused by the injury, emotional distress like anxiety or fear, and the inability to enjoy activities you once did. To pursue such compensation, you’ll need to prove the property owner’s negligence in maintaining a safe environment and that your injuries meet the state’s “serious injury” threshold.
Premises liability Accident Pain and Suffering Settlements in NY
In New York, premises liability accidents can leave you with more than just physical injuries. While standard health insurance might cover some medical bills, it doesn’t address the emotional and physical toll these accidents leave behind. Pain and suffering settlements aim to compensate you for the ongoing pain you experience, limitations due to the injury, emotional distress like anxiety or fear, and the inability to participate in activities you used to enjoy. Like with a car accident or slip and fall accident, you’ll need to demonstrate the property owner’s negligence in maintaining a safe environment and that your injuries are serious enough under New York law. This can encompass fractures, disfigurement, or limitations on daily activities for a set period.
Medical Malpractice Pain and Suffering Compensation
In New York, even after a medical procedure or treatment goes wrong, and you require medical attention for the resulting injuries, the legal landscape can be complex. While you might receive compensation for medical bills through your health insurance, it doesn’t address the additional suffering you endure. Pain and suffering settlements come into play here. These aim to compensate you for the physical and emotional pain caused by the medical error, including ongoing discomfort, limitations due to the new injury, emotional distress, and the inability to enjoy activities you once did.
Dog Bite Accident Pain and Suffering Settlement Attorneys Near You
Even after receiving medical attention for a dog bite injury in New York, the physical and emotional scars can linger long after the bite heals. New York dog bite laws differ from strict liability states, so medical bills might not be fully covered. This is where pain and suffering settlements can help. These settlements aim to compensate you for the lasting impact of the attack, including ongoing pain from scarring or nerve damage, limitations in your daily activities due to fear or physical restrictions, emotional distress like anxiety or PTSD, and the inability to enjoy activities you once felt comfortable with around dogs. To pursue such compensation, you’ll need to prove the dog owner’s negligence, such as failing to leash the dog or having knowledge of prior aggressive behavior.
Product Liability Accident Payouts in New York
New York product liability laws might hold manufacturers or sellers accountable for injuries caused by defective products, but the compensation might not cover the full picture. Here’s where pain and suffering settlements come in. These can compensate you for the long-term consequences of your injury beyond just medical bills. This includes ongoing pain, limitations in your daily activities due to the product’s defect, and emotional distress like anxiety or fear of using similar products. Like the accidents mentioned above, you’ll need to meet the state of New York’s serious injury threshold – and prove that the product manufacturer was negligent in creating, marketing, and selling the product.
Don’t Let Pain and Suffering Go Uncompensated – Call Cohen & Cohen Personal Injury Lawyers, P.C. New You Today!
Been injured in New York due to someone else’s negligence? You may deserve more than simple medical bill coverage. Pain and suffering settlements can compensate you for the physical and emotional toll your injuries have caused if you meet the state’s requirements.
Navigating personal injury claims in New York, with its no-fault laws and serious injury threshold, can be complex. That’s where Cohen & Cohen Personal Injury Lawyers, P.C. comes in. Our experienced personal injury lawyers can help you understand your rights, determine if you qualify for pain and suffering compensation, and fight for the maximum compensation you deserve.
We have a proven track record of success in securing pain and suffering settlements for car accidents, slip and falls, medical malpractice, dog bites, product liability accidents, and more.
Don’t settle for just covering medical bills. Call Cohen & Cohen Personal Injury Lawyers, P.C. today for a free consultation. We’ll fight for the compensation you deserve so you can focus on healing and getting your life back on track.