After suffering a personal injury in New York, victims often experience damages beyond their financial losses. Pain and suffering damages are subjective, non-economic losses you suffered and can be difficult to prove in a lawsuit.
However, pain and suffering can be shown with the right documentation. Because pain and suffering are based on the victim’s personal experiences, documentation will be necessary to show the effects their injuries have had. These records often come from multiple sources that work together to tell your story after being injured.
Call The Martello Law Firm, PLLC at (914) 685-6950 to speak with our Westchester personal injury attorneys and receive your free case review.
How Can I Document Pain and Suffering After a Personal Injury in New York?
“Pain and suffering” damages are a form of non-economic compensation that can be awarded to victims in a New York personal injury lawsuit. Unlike economic damages such as medical expenses and lost wages, a definite monetary value cannot be determined for pain and suffering damages since they are based on the victim’s subjective experience. Thus, it is critical to keep detailed records of your injuries and their effects. With the proper documentation, our Yonkers personal injury attorneys will be able to accurately calculate the damages you are entitled to. Because pain and suffering damages are difficult to prove, having the following documentation will go a long way in supporting your personal injury lawsuit in New York:
Medical records are an essential part of any personal injury claim in New York because they show the extent of your injuries and how they were treated. In many cases, the subjective impact of a victim’s injuries can be assumed from the severity of their injuries. If you received medical treatment after being injured, there should be plenty of documentation that can support your case. However, our team can help request copies of your medical records if you do not already possess them.
Therapy and Mental Health Counseling
Therapy and other mental health counseling records can also be incredibly useful in documenting and proving your pain and suffering. Records from therapy sessions can help show how your injuries have impacted your mental health and your life. Seeking out therapy or counseling shows that you were actually in some sort of emotional trauma from the accident. in many cases, you will need some records to show that you are suffering from psychological conditions like PTSD and depression.
Even if there is little documentation of your pain and suffering, you can still show the damages you suffered with testimony from yourself and those close to you. Family members, friends, and others close to you can testify to the changes they have observed in you. If they note that your mental condition deteriorated after your accident, it can help show that your pain and suffering are a result of the accident, despite the lack of other documentation.
Some individuals might not be able to afford or get mental healthcare to document their mental distress. If that is the case, you can still document how your injuries are impacting you by recording your thoughts and experiences in a journal. By keeping personal records of the effects of your injuries, you can support your claim in the absence of medical or therapy records.
Types of Pain and Suffering Damages I Can Recover After Suffering a Personal Injury in New York
With the right documentation, you can recover a wide range of pain and suffering damages for your injuries. As noted, pain and suffering damages are subjective. Thus, any negative changes in your life that you feel result from your injuries might be claimed in a personal injury lawsuit. The following are just some of the most common pain and suffering damages you can recover in a New York personal injury lawsuit:
Physical Pain and Suffering
Physical pain and suffering damages are for the physical anguish you have endured as a result of your injuries. These damages include chronic pain, disfigurement, scarring, and physical impairment. For instance, a car accident victim might suffer from neck pains, nerve damage, or chronic headaches long after their initial injuries have healed. Scarring and disfigurement are obvious examples since victims carry physical reminders of their accidents that cause them pain. In more severe cases, victims will have potentially never-ending physical pain from amputations or paralysis.
Emotional distress is compensation for the mental anguish you have suffered due to your injuries. This can be caused by the incident itself or by having to endure painful medical procedures after an accident. Emotional distress can manifest in countless ways. Many personal injury victims have severe anxiety or nervousness after an accident, while others might feel anger or sadness over their injuries that affect their daily lives.
Emotional distress can be challenging to prove, but you are no less entitled to them. Emotional distress can impact your life in many ways, including losing sleep and increased irritability, often leading to further stress.
Loss of Enjoyment of Life
Loss of enjoyment of life damages compensates an injured person for the fact that they cannot do things they once enjoyed before their accident or illness occurred or worsened after their accident or illness. These damages are available even if there is no physical impairment or other objective harm caused by the defendant’s negligence.
Loss of Consortium/Companionship
Loss of consortium damages compensates an injured spouse for the loss of companionship and services that they used to receive from their spouse prior to their accident. How these damages are valued depends on the spouse’s contribution to the relationship. It is common for some victims to experience sexual dysfunction as a result of being injured. This will not only impact your relationship but will likely negatively affect your enjoyment of life, leading to further emotional distress.
Depression is very common after suffering a personal injury in New York. Accidents can change how a person sees themselves and the world. Trauma like this can significantly impact a victim’s mental health. Depression often leaves victims unmotivated by the normal routines in their lives. This can have a severe impact on your relationships, your work, and your attempts to heal.
Humiliation and Embarrassment
The damages listed above can easily leave a victim feeling humiliated and embarrassed. If they were athletic and active before their accident, a victim might feel deep humiliation that they cannot engage in the activities they once did. This can cause extreme pain and suffering as individuals might feel lost or even question their self-worth.
Our New York Personal Injury Attorneys Can Help
Contact The Martello Law Firm, PLLC today at (914) 685-6950 for a free case consultation with our Mount Vernon personal injury lawyers.