If you’ve been injured in an accident in New York state due to someone else’s negligence, you may be eligible for compensation for pain and suffering in your settlement or award. In New York, to qualify for pain and suffering damages, you must meet the “serious injury threshold.” These damages would cover both the physical and emotional impact of your injury, provided the accident was caused by the negligence of another party. Settlements for pain and suffering in New York are handled in a specific way. For example, since New York is a no-fault state, automobile accidents that result in medical bills or lost wages are covered by your own insurance, regardless of who caused the accident.
Pain and suffering damages are typically paid from the insurance or assets of the negligent party involved in the accident. If your accident involves a slip and fall, nursing home negligence, a construction accident, or another non-automotive incident, your pain and suffering claim will be brought against the responsible party, with their liability insurance being the primary coverage—whether it’s a business, homeowner, building, or general liability policy.
Examples of Completed Cases Including Pain and Suffering Settlements in New York
The amount of compensation you can receive for pain and suffering after an accident in New York varies depending on the specific circumstances of the case and the severity of your injuries. Based on the data available, the average pain and suffering settlement typically ranges between $125,000 and $1,500,000.
For instance, one of our clients was struck by a pickup truck while walking, which resulted in a traumatic brain injury, neck injury, and back injury. The neck injury required surgery. Despite an initial low settlement offer of $35,000, we were able to secure a $1.5 million settlement for our client.
In another case, our client suffered serious injuries in a rear-end collision with a semi-truck. The impact caused severe damage to their neck, shoulder, and back. The shoulder injury necessitated surgery. After extensive negotiations and preparing for trial, we were able to obtain a $1.1 million settlement on their behalf.
Our client, a pedestrian, was struck by a vehicle in a gas station parking lot, resulting in back and neck injuries. While surgery was not required, the pain and suffering from these injuries were significant. After careful negotiation, we secured a $125,000 settlement, a substantial increase from the initial offer of $10,000.
What is the Serious Injury Threshold in New York State?
In New York, there is a legal requirement that you must meet in order to recover pain and suffering damages in a personal injury lawsuit, known as the “serious injury” threshold. This threshold is defined under New York Insurance Law § 5102(d).
The following injuries are considered “serious injuries” 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 that prevents the injured person from performing substantially all of the material acts that constitute their usual daily activities for at least 90 days during the 180 days immediately following the occurrence of the injury.
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 crucial to consult with one of our personal injury lawyers to understand whether your injuries qualify and how to proceed with your case.
Accident Settlements that May Include Pain and Suffering Compensation in New York
Below are several categories of accidents where pain and suffering compensation could be awarded, depending on the outcome of negotiations or lawsuits 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.