Having an accident can leave a person broken, and in debt. You will have multiple medical bills, miss time off of work, and you may be temporarily, or permanently, physically debilitated. Being injured in an accident can also hurt you psychologically. You may experience PTSD, anxiety, or panic attacks.
Although your insurance should cover your medical bills, there are only certain circumstances under which a person may recover money for pain and suffering. There are a couple of different methods that may be used to determine an amount that is fair.
It may be helpful to understand a bit about New York insurance laws, how pain and suffering is determined, and what a Personal Injury Lawyer can do for you.
Accident Insurance Law In New York
There are two basic auto insurance rules in the United States; fault and no-fault. In a fault state, the driver who caused the accident is considered responsible for any related expenses, and their insurance will pay the bills. In a no-fault state, a person’s own insurance company will pay their bills no matter who is responsible for the crash.
In cases of other kinds of personal injury accidents, such as slip and fall, the person responsible for causing the accident will be responsible for its bills.
It is generally harder to get pain and suffering compensation for your injuries in a no-fault state. Although many states put a cap on the amount of money a person may be awarded for pain and suffering, The Empire State does not. If you can prove pain and suffering to an insurance company in court, the difference in your compensation may be significant.
What Is Considered Pain And Suffering?
“Pain and suffering,” is a legal term that includes a variety of different symptoms and conditions. Obviously, anyone who has an accident is going to experience a certain amount of pain. There are some things that are more likely to get an accident victim compensation than others.
People with conditions such as physical impairment, disfigurement, or quantifiable psychological disorders, such as PTSD, and anxiety are more likely to be compensated than someone who has experienced general pain, or grief. It is important to establish that the person has experienced a significant loss to their quality of life.
How Pain And Suffering Is Calculated
There is no single way that a pain and suffering claim is established in New York. Some insurance adjusters may use what is called the multiplier method in which the person is compensated for their level of suffering multiplied by the cost of their bills. For example, if your bills were $10,000 and your level of main was determined to be a 3, you would receive $30,000.
There is another method called per diem, where you are essentially paid by the hour for your pain and suffering. In some cases, they may multiply your hourly salary by the number of days it took you to recover from the accident. Other methods, besides salary, may also be used to pay a daily rate.
Your level of pain will be determined by the opinion of medical experts and your own statements. It may be hard to get fair compensation without an attorney. Be sure to hire a lawyer who is well versed in personal injury law in the state of New York.
Having an accident can throw you off balance. The right amount of compensation can help you cope with your new life.