What is Pain and Suffering in a Personal Injury Case

Personal Injury Case

Pain and suffering is the physical pain and emotional anguish a victim endures as a result of a personal injury accident. Emotional anguish can include depression, anxiety, insomnia, irritability and more. The injuries you suffer in an accident can affect many areas of your life, including your ability to work and participate in activities with friends and family. Unfortunately, even after physically recovering from your injuries, you might be experiencing pain and complications stemming from feelings of fear and anxiety.

What Damages Can You Recover in a Personal Injury Claim?

Under New York law, you will have two years to file a claim for damages. This time period is called the statute of limitations. It allows you to recover from your injuries and also gives you time to estimate what medical treatment will be needed in the future. During this time period, your personal injury attorney will calculate the total amount of damages that you can seek in a personal injury claim. Those damages generally will include:

Medical expenses:

These are expenses associated with the accident. This includes hospital and doctors’ fees, diagnostic testing, medical or surgical procedures and medications and medical support equipment such as crutches or wheelchairs.

Lost wages:

This includes lost wages due to the accident as well as any future losses in income resulting from your injuries.

Pain and suffering:

This includes compensation for the physical pain and suffering you experienced due to your injuries as well as the emotional pain or suffering the accident has caused.

How are Damages for Pain and Suffering Calculated?

The pain and suffering you have experienced is difficult to calculate and is very subjective. To calculate pain and suffering damages, the following is taken into account.

Pain: Pain you have experienced because of your injuries include:

  • Pain you suffered in the accident.
  • Pain that you experienced from treatment of your injuries.
  • Future, chronic pain you may experience after your recovery.
  • Suffering: Many personal injury victims experience psychological and emotional problems after an accident. These include:

  • Nervousness, anxiety and fear
  • Isolation and depression
  • Lack of sleep and fatigue
  • Digestive problems
  • Other physical expressions of stress such as headaches, heart palpitations and muscle pain
  • How to Prove Pain and Suffering?

    Your personal injury attorney will prove your pain and suffering utilizing the following evidence:

  • Medical records
  • Receipts for prescriptions and over-the-counter medication bills
  • Medical bills for treatment, therapy, emergency room visits and treatment by mental health
  • Proof of time off from work
  • Pictures of your injuries
  • Statements from family and friends documenting the effect of your injuries on relationships and in other areas of life.
  • Get in touch with personal injury lawyers at Rockland Injury Lawyers.

    Personal injury lawyers at Rockland Injury Lawyers have over 50 years of experience dealing with accident cases. Our lawyers are skilled and professional. We will do our best to get you or your loved one what he or she deserves as quickly and efficiently as possible. You can call us at 845-709-8005 and 800-940-1799 or email us at or

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    Disclaimer : This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.