Laws Regarding Pain And Suffering In New York

Suing for pain and suffering

          Filing a pain and suffering lawsuit

In New York, there are many reasons why people sue each other. When an individual is injured as a result of the negligence or carelessness of another, the victim can file for personal damage claims in a court of law. Calculating the actual damages like medical expenses and property values is relatively easier; while calculating the amount of damages to be awarded for pain and suffering, also known as punitive damages is not that easy. Practical methods and formulas are generally used for calculating such emotional damages. The article that continues explains some aspects of the New York pain and suffering laws.

No fault complicates things

New York is a no fault state. This means that an auto accident victim can file to receive compensation for their injuries and medical bills irrespective of whether they were at fault or not. Suing for pain and suffering is harder here, but even then, there are nine categories wherein a victim can file such a suit. Some such instances include death, death of a fetus, some form of permanent disfigurement or the loss of a limb or some form of disability.

No caps

Most states place a cap on the maximum amount that can be awarded to a claimant on the grounds of pain and suffering. One major difference that makes the New York pain and suffering laws different from the rest is that no caps are placed as to how much the court can award for such emotional damages. Therefore, a claimant who can prove adequate pain and suffering may walk out of the court millionaire. There have been instances when New York State awarded up to $10 million in settlements for injuries incurred at birth.

Rights can be inherited

Punitive damages

                        Pain and suffering laws

The New York state permits the immediate family or relatives of the late victim to file the lawsuit. However, depending on the circumstances of the case, there may be a 12 to 36 month time period within which the lawsuit should be filed.

That was some information about the different aspects that should be kept in mind while suing for pain and suffering. Check out online legal resources for more information on the same or you can also visit your local library and go through their law section. Familiarizing yourself with the various laws that are applicable to lawsuits of pain and suffering will help you understand your case in a better way.

To Tort Or Not To Tort

Suing for pain and suffering

                   Pain and suffering in accidents

A person suing for pain and suffering can find a useful tool in the country’s tort law. The most common scenario where this law is often cited is when one suffers an accident. In the United States, this is especially relevant with deaths numbering in the high thousands being reported annually. This law too varies with state as this falls under the State in the Federal structure of governance. The damages you seek and that which the court may reward from insurance companies would have the tort law as its foundation.

Tort is a crime?

Committing tort is NOT equivalent to committing a crime. It is simply a violation of civil laws and hence heard in civil courts. However, there are instances when the tort could be supplemented with criminal act. For example, an accident involving a drunken driver could see both tort as well as criminal laws applying at the same time. The tort law could see you having to choose between full tort and limited tort while choosing your insurance policy for vehicles.

What’s the difference?

The difference between the two torts comes into play if you are suing for pain and suffering due to an accident. A limited tort clause would mean that you hold rights for the compensations for actual damages and no other damages for which the court may ask the offending party to pay for. Such damages include punitive damages, which typically involves huge sums of money. Full tort however allows the person to receive punitive damages as well.

So isn’t it common sense to apply for the full tort? Well, not if you are looking forward towards paying a lot in terms of insurance premiums. Premiums are regular sums of money paid to keep the insurance policy alive. If one applies for limited tort, then one would have to pay a sum that in most cases would be 15 percent less than that he would have to pay for insurance with full tort!

Tort law

                    Pain and suffering compensation

If you are buying the same policy for others in your family, then remember that the same condition applies for them too. That is, if you are covered by limited tort, then so will those who share your policy. Therefore, in general, there are two considerations that one would have to keep in mind while choosing the tort for insurance; your wallet and the people who share the policy.

Pain And Suffering In Personal Injury Law

Suing for pain and suffering

         Damages for pain and suffering

A few months ago, when I was riding my way across the country side, I met with an accident with a car. My condition although not critical, wasn’t the best and I ended up missing out on almost three months of work. It was not just the work that was affected; I had a hard time coming to terms with other daily activities and routines.

Now that it was time for settling outstanding issues with the insurance company, I started thinking of how the settlements for pain and suffering are generally calculated. I did some study by going through some trustworthy sites online and found these facts. Read on to know what I had found.

Suing for Pain and suffering

When it comes to personal injury law, “pain and suffering” relates to the physical and emotional distress that the injured person suffers from an injury. When a lawsuit is filed for pain and suffering, he/she normally receive damages when they win the case. These damages are given as a compensation for covering their injury costs, medical bills, lost wages, and the costs for repairing damaged vehicle or property.

How is pain and suffering calculated?

The truth is, there is no real way to calculate pain and suffering in lawsuits. There are usually two main categories of damages. One is “special damages” or “actual losses”. Determining these damages is pretty easy because there will be receipts and itemized bills for all your expenses. It includes medical bills, hospital charges, repairing costs etc. Such costs incurred due to the accident can easily be calculated and recovered.

The other is “general damages”, which isn’t that easy to calculate. These damages usually cover your lost wages (wages you would have got ad it not been for the injury), loss of a future promotion that you might have been eligible for, inability to enjoy your leisure time, do household work, and finally pain and suffering. You might have now understood that calculating general damages is a tricky thing.

How to present pain and suffering claims

Compensation damages

             Presenting pain and suffering arguments

Normally, pain and suffering is intended to compensate the claimant for the mental anguish and physical pain endured as a result of injury. The best way to present pain and suffering claims before the court and the insurance company is to give a specific and detailed report of what exactly happened, how the injury was caused, and what medical procedures were undertaken.

So when you think of suing for pain and suffering, be ready with all these records and information so that you receive compensation damages for pain and suffering. Employ an experienced attorney for the purpose.

How To Sue A Driver Refusing To Pay For Damages

Suing for pain and suffering

    Get compensation for pain and suffering

Many accident cases leave clear evidences on who is actually responsible for the accident. So there shouldn’t be any dispute on who should take the liability of the accident, right? But in certain cases, it would be difficult to determine the extent of liability. Sometimes, the driver who is at fault may refuse to accept his mistake. So naturally, a dispute will arise forcing one to file a lawsuit against the driver at fault.

The lawsuit is filed when the parties involved refuses to agree for the settlement for compensation. Imagine a situation where a car rams into the rear of another. So who do you think is at fault here and who should take liability? As a general rule, the driver of the car that rammed into the other car is held liable because he was supposed to keep a safe distance which he never really did. Under such situations, when liability is disputed, people often seek legal advice and go ahead with filing a lawsuit. One can claim for compensation not just for the actual losses, but can go further suing for pain and suffering too.

Filing a lawsuit against a driver who refuses to pay for damages in an auto accident

  • Usually in such cases, the police officer will visit the spot and investigate the scene. Both the drivers are interrogated to get a clear picture of what really happened. When you file a lawsuit, you first need to make a written case against the defendant explaining all the four elements of a negligence claim – duty, breach, causation and damages.
  • Calculate your claim amount. Remember, this amount should be reasonable. The claim amount should be enough to cover the car repair costs, your medical expenses, lost working time, pain and suffering and the court expenses. The claim amount for suing for pain and suffering depends on how badly you were injured.

    Claim amount

                      Damages for pain and suffering

  • Download a copy of the civil complaint form from the court’s website and fill it up. In order to clarify your allegations, mention those four elements of negligence claim in your document. A copy of summons will be sent to the defendant to let him know that you have filed a lawsuit against him.

To avoid future complications or difficulties and to prevent any consequences of settling the claim prematurely, it is wise to seek service from an accident attorney to check the claim settlement documents and other papers.

Taking Your Grievances To The Court

Suing for pain and suffering

Causing pain is punishable by law

No one has to suffer in silence. That is why we have courts, to ensure that innocents are protected, and that no crime goes unpunished. But most of the time, people are to blame for not ensuring that justice is served.

Family cases

Take the case of Mary Jenna for example. She is someone that almost any other woman can relate to. She married her boyfriend right after college. According to her family, she had been madly in love with him. But a few months into the relationship, she uncovered a darker side to his personality. He took to mentally harassing her, and even assaulting her physically when they got in a financial mess. Soon, things got out of hand and the neighbors called in the police. The husband was arrested for domestic assault and imprisoned.

Though she had considered suing for pain and suffering back when they were together, Jenna’s love for her husband had stayed her hand then. And by now he was already serving punishment for the charges of domestic assault he had been convicted of. Jenna could have added charges of pain and suffering to those against him, and made an example of him to other husbands who tormented their wives.


Suing for pain and suffering due to accidents is common in today’s courts, as there is a rising trend in these types of cases. The victims in such cases would have to have suffered a lot, both in monetary terms, as well as health-wise. If found responsible for causing the accident, the courts may order the guilty party to bear all medical and automotive expenses of the victim, as well as make them pay compensation for the loss of time and effort of the victim.

Many times, it is not the guilty party who is required to pay the penalty, but that person’s insurance company. And for this reason, the victim would have to subject himself to the scrutiny of the insurance company’s adjusters.


Compensation for suffering

Pain and suffering is not just restricted to these two fields. Harassment at work place or school can also be termed as victimizing an individual. Such cases can often be long and drawn out. No surprises then that parties involved in such cases prefer to settle such issues out of court by engaging each other’s lawyers in a round of discussion.

This is some information on bringing up charges for pain and suffering. Further of this sort can be availed from online legal resource websites.

How Much Can You Sue For As Pain And Suffering In An Uninsured Motorist Claim?

suing for pain and suffering

how to sue for suffering

Since pain and suffering cannot be quantified, there is no way to arrive at an exact figure to relieve such. Every claim is considered to be unique, and is weighed against those the court has witnessed in the past. The severity of your injury can influence the amount that you get paid as will the time it takes you to recuperate and the way or ways in which the injury would have a bearing on your future life. The latter is checked against whether or not the injury has permanently impaired you, and has little to do with how high your medical bills go. You could have a low medical bill, but if, for instance, one of your limbs is broken after the accident, the ways in which this could impact your life are what can get you a higher payout in pain in suffering. Conversely, if you spent a lot for your hospital bills but are found not to have sustained significant injury, a lower payout would result.

claim for pain and suffering

how to sue for pain

The longer it takes people to heal completely from the injury, the more they get paid, as is seen in the case of older people or diabetics. If the person has to give up on many physical activities and hobbies which he would have pursued if not for the injury, he would get more of a payout that a couch potato suing for pain and suffering. Herein lies the relevance of the questions you are asked about your lifestyles, by the adjuster; the answers would provide an insight into the effects the injury has had on your life. You are more likely to win the claim for pain and suffering if it is shown that the impacts have been intense and severe.

When suing for pain and suffering, you have to keep in mind if the state permits reimbursements to your insurance company, for the medical bills that they pay on your behalf. If so, then you would not be able to sue the responsible party for that money. If the vehicle is repaired under the insurance policy that you hold, the company has the right to claim the amount that had to be called in for repairs, from the party responsible for the same.

This information on how you can file a claim for pain and suffering if you get into a vehicle accident would definitely prove useful. You can certainly avail more legal information including recent court releases from the official websites of the law department and the courts as well.

The Role of Attorney In Filing For Damages In An Auto Accident Case


Suing For Pain and Suffering as a Matter of Right

If you have ever been involved in an accident with fault lying with the driver of the other vehicle, the law entitles you to sue for pain and suffering and seek compensation for damages to property and injury to person and wages lost, if any. If the injury is of a permanent nature, then loss to earning capacity in the long run and loss of future income are all calculated and then, claim is made to the insurance company of the guilty party. If the compensation offered by the said insurance company is meager or fails to satisfy your lawful demands, you are at liberty to appoint a personal injury attorney and sue for the cause. Let me guide you through the process involved in suing for pain and suffering in an accident case.

  • If you require medical attention or treatment, continue the same until you recover to the extent of being termed medically fit. This may not be complete recovery in strict terms and might take years before the injuries heal completely. Sometimes, the damages can also be permanent such as an amputated limb or disfiguration.
  • Now to convert concerns into claims go to a personal injury attorney.
  • He will aid you in presenting the claim or ‘settlement demand’ to the insurance company in question detailing the cause of action, injuries sustained, and damage caused and your claims without ambiguity.
  • When negotiating for a settlement, offers and counteroffers will be made by the attorney or representatives of the parties concerned.
  • If the settlement is not favorable, you may file a lawsuit against the insurance company and the motorist within a period of three years from the date of the accident or as set forth by the State laws.
  • Once you file the suit, both parties will submit themselves to a process called discovery and oral testimony of witnesses will be recorded by making depositions.
  • Once witnesses testify, the case will progress to the trial stage, the date for which will be decided by

    How to Sue to pain and suffering

    the court. Negotiations for settlement can happen during all stages of the suit before the trial and in the absence of such settlement, trial will be inevitable.

  • The trial court jury will hear the case judge the degree of liability and the amount as damages.
  • If the verdict is not acceptable to you, your attorney will file an appeal to the Supreme Court of the State with your written consent.

Suing for pain and suffering is a long and arduous process. Always go for these types of claims only if you are sure of your case.




More On Car Insurance Laws In New Jersey


Suing for pain and suffering in New Jersey

Compensatory damages are provided to the people who suffer injuries and losses from vehicle accidents. Compensatory damage is an important concept in case of car insurance. The  formalities connected with the topic is a little bit complicated and therefore, suing for pain and suffering isn’t easy. Damage can be classified into different categories based on the degree of damage. The classification can be done on the basis of economic damages,pain and suffering etc. This article will let you know more about the coverage options available in the State of New Jersey.

Categorization of coverage options


pain and suffering laws in New Jersey

Economic damages are concerned with the monetary aspects of the coverage. The degree of the damage can be estimated easily because it revolves around the financial losses suffered by the plaintiff. The damage done to the car and the hospital fees are examples of economic damages. Economic damages increase with the severity of the accident. The severity of the accidents determines the degree of damage done to the car. It can also determine the bed rest period of the individual in the hospital. Pain and suffering damages are quite different from the economic damages. It is determined by the stress suffered by the individual after an accident. The majority victims may suffer physical as well as mental injuries from an accident. All these come under the category of pain and suffering and the individuals are eligible to receive compensation on the same grounds.

Suing for pain and suffering

The case for pain and suffering completely depends upon the type of coverage opted by the particular individual. Here are the two different coverage options available in the State of New Jersey.

  • Many car owners go for the no-fault coverage option. Under this coverage option the individuals are eligible for compensations on medical grounds. This means that the individual can receive compensations for economic damages. The compensation amounts are also made possible irrespective of the the party who is responsible for the accident. This is the greatest advantage of this coverage policy. The No-fault coverage option do not support pain and suffering damages.
  • Pain and suffering damages are supported by the Standard Coverage options. This coverage options safeguards the individual’s right to file a petition on pain and suffering grounds. Standard coverage option is the most liked policy of the residents of New Jersey.

Hope you like the article. Thanks for reading!


How To Calculate Damages For Pain And Suffering

Martinez Formula

When to sue for Pain and Suffering

Victimized by any injury caused by the negligence of others is claimable in a court of law in terms of liquidated damages for losses incurred physically, materially and emotionally. Calculating of such losses would entitle you to include your medical bills, material damage and last but not the least, the damage caused by pain and suffering, the most abstract thing ever meant to be calculated in pecuniary terms. Let’s see in detail what does it take to suing for pain and suffering and how it is calculated.

How to Calculate Pain and Suffering

  • Means of Livelihood: First calculate what loss is that to your salary or daily means of livelihood, caused by the injury. Estimate the number of days you lost work and the salary grossed for all those days. If you are able to work but only under painful conditions, then calculate the intensity with which it affected your productivity in relation to the actual salary. For instance, if you earn $20 per hour in any muscular work and you are forced to take up a table work at $15 on the premise of an injury sustained that will not let you do the routine work, then you are legally entitled for a claim of $200 for the week.
  • Physical and Disfigurement Damages:If there are any scars that would leave you permanently disfigured for the rest of your life, you are entitled to sue for pain and suffering caused by such disfigurement to the extent it affects you mentally and where the scars are located. In this case, it is the age that matters in determining the disfigurement quotient.
  • Emotional Damages: Calculations here are made on the basis of stress and determent from social and family activities caused by the injury to the tune it affects your emotional stability. All these factors are collectively considered as affecting the quality of life you were enjoying and calculated for the loss of such life in pecuniary terms under stipulated norms.
  • Martinez Formula:If you subtract your age from your life expectancy and then multiply the result by 365, you will get the total life expectancy days. Now multiply the number you get by the daily amount in dollars your attorney fixed for you to get the final figure which will be your pain and suffering damages. This formula is known as the Martinez Formula which prevents you from erring in your calculations.

    Martinez Formula

    How to sue for Pain for Pain and Suffering

This is how you calculate when suing for pain and suffering and if you are unsure of the calculations at any point, better consult your attorney. Good Day!

More On Pain And Suffering Laws Of New York City

Suing for pain and suffering

more on pain and suffering laws

The Pain and Suffering laws of NewYork city is slightly different from other states. The interesting fact is that the laws have not mentioned a cap for issues related to pain and suffering. There are many complications involved in the jurisdiction of pain and suffering laws. This article will introduce you to the salient features of the pain and suffering laws in New York.

Suing for pain and suffering

In many states, the one who caused the accident is not eligible for any compensation. Many states in America do not fall under this category.I will make this concept clear with an example. Suppose, a car rammed into another one and causes a serious accident. The passengers in both the cars are likely to face injuries. Here however, both the parties are eligible for compensations.

The ceiling limit

The plaintiffs can receive compensation based on the ruling of the judge. Most of the States make

New York laws

advantages of pain and suffering laws

use of a ceiling value for the compensations granted. The ceiling value does not exist in Yew York. If the law supports your petition , you may walk away with a huge amount of compensation money. In New York,the compensation amounts have gone as high as 10 million dollars.

Inherited rights

The family members of an accident victim can continue with the petition till its term expires. The expiry term of the majority of the cases can go up to 3 years. The expiry terms depend on the nature of the case.

Advantages of Pain and Suffering Law

  • The greatest advantage of the Pain and Suffering law is that the individual can meet all his liabilities with the least amount of effort.
  • The compensation amount can be used to meet the hospital bills and also pay for any expenses incurred for repairing the car.

Drawbacks of the law

The procedure for receiving the compensation is quite difficult to execute. The legal requirements are many and one must be patient enough to wait for a favorable outcome.

Discussing with lawyers on the merits and demerits of this provision before filing such claims before a court of law. Always keep all important documents handy to add teeth to your case.