When a car accident leaves you with catastrophic injuries, everything can change. You may no longer be able to work or complete the activities you once loved. Your life may now revolve around recovering from your injuries or adapting to your new normal.
Suing the at-fault driver for your medical bills and lost wages may provide some relief, but it doesn’t account for the immense pain you have experienced and the ways the accident has changed your life. So, can you sue for pain and suffering as well?
A car accident lawyer in New York can review your case and help you understand your options for pursuing compensation.
Understanding the Serious Injury Threshold Under No-Fault Law
Before you can determine whether you can sue for pain and suffering after an accident, you should understand New York’s serious injury threshold. New York is a no-fault state, meaning that, in an accident, both parties use their own insurance coverage, no matter who was at fault. New York law requires all drivers to carry personal injury protection (PIP) insurance, which would cover their injuries after an accident.
Because of these laws, you cannot always seek compensation from the at-fault driver after a car accident. Your case would need to meet the serious injury threshold for you to be eligible to seek damages from the other driver.
This serious injury threshold includes injuries that fall under at least one of these categories:
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use or limited use of an organ, function, member, or bodily system
- A medically determined non-permanent injury that prevents a person from performing their usual and customary daily activities for more than 90 days of the 180 days immediately following the accident
If one of your injuries meets this threshold, you may meet the legal requirements for filing a car accident lawsuit in New York, which is when you would claim non-economic damages like pain and suffering. However, you would need to take legal action within the statute of limitations, which is generally three years for car accidents.
What Is Pain and Suffering in a Car Accident Case?
According to the National Safety Council, more than 4.9 million injuries arose from motor vehicle accidents across the U.S. in 2024, totaling an estimated $559.3 billion in related costs. There were also 42,789 deaths from motor vehicle accidents during the same time period.
When a person suffers a serious, life-altering injury in a car accident, they may desire to hold the at-fault driver accountable for their medical condition. Seeking “pain and suffering” damages is one way to account for the toll the injury has taken on your life.
Car accident lawsuits can give rise to non-economic damages that attempt to make up for the non-monetary costs of the accident on the victim’s life, including the physical, mental, and emotional impact. Pain and suffering are one type of non-economic damage that victims often seek, accounting for the physical pain they have endured due to the defendant’s actions.
Proving Pain and Suffering in Court
Seeking compensation for pain and suffering in accident cases involves providing evidence of how the accident has impacted your life. This may include:
- Medical documentation showing the severity of your injuries
- Journal entries or logs detailing your symptoms and their impact on your daily life
- Psychiatric evaluations indicating how the accident has impacted you emotionally
- Testimony from friends and family about how you have changed since the accident
Your attorney can help you support a claim of non-economic damages like pain and suffering through compelling evidence.
Calculating Non-Economic Damages in Your Accident Case
Suing for non-economic damages after a car accident also involves calculating how much pain and suffering and other damages are worth to you so that you can seek adequate compensation. Attorneys typically use one of the following two methods to calculate non-economic damages:
- The multiplier method: This involves assigning a value between 1.5 and 5 to the case that represents the severity of injuries, then multiplying the economic damages by that value. For example, a moderately severe accident might result in a multiplier of 3. If the economic damages were worth $100,000, then you would seek $300,000 in pain and suffering and other non-economic damages.
- The per diem method: This method assigns a monetary value to your pain that you would multiply by the number of days of your recovery. If your pain is worth $100 a day and you are expected to make a full recovery after approximately five years, your non-economic damages would be worth $182,500 under this method.
While the courts don’t formally adopt a strict formula for calculating non-economic damages, these methods can help you narrow down a fair sum of money to seek through your case.
Speak With a Car Accident Lawyer in Mineola
Understanding the steps to take after a car accident and the types of compensation you can seek may feel overwhelming. Our attorneys at Cassisi & Cassisi, P.C., offer legal guidance throughout your compensation process.
We can help you seek pain and suffering damages and pursue a payout that adequately reflects your injuries. Contact us today at 516-294-5050 for a free consultation.
Frequently Asked Questions
Are non-economic damages calculated separately for a car accident?
Pain and suffering, emotional distress, and mental anguish are all common types of non-economic damages, but they usually are lumped into one monetary figure rather than being calculated separately.
Is it worth suing for pain and suffering?
It may be worth suing for pain and suffering if your injuries are severe. In some cases, non-economic damages account for a significant portion of car accident payouts. An attorney can provide more personalized guidance based on the circumstances of your case.
What is a typical amount for pain and suffering damages?
Pain and suffering damages can vary widely, and it is worth noting that New York does not have a cap on non-economic damages. This means juries can decide on any amount they deem appropriate.
