Pedestrian injuries in New York often have serious consequences. Accompanying these injuries are expensive medical bills, time off of work, and permanent lifestyle changes. In addition to these objective consequences of pedestrian accidents, victims often experience effects that aren’t as easily verifiable. For example, pedestrian accident victims typically must deal with serious physical pain and emotional suffering. Fortunately, victims can receive financial compensation for the pain and suffering caused by pedestrian accidents in New York. In this article, we discuss how to calculate pain and suffering in New York pedestrian injury cases.
Types of Pain and Suffering
Pain and suffering can be both emotional and physical. Common types of physical and emotional pain from pedestrian accidents includes:
- Back pain
- Headaches
- Joint pain
- Nerve pain
- Loss of enjoyment of life
- Post-traumatic stress disorder (PTSD)
- Depression
- Diminished quality of life
- Anxiety
- Cognitive damages
- Fear
- Embarrassment
Methods for Calculating Pain and Suffering Damages
Although courts in New York do not have a standard formula for calculating pain and suffering damages, most attorneys, insurance companies, and courts use one of two methods for doing so.
The Multiplier Method
The multiplier method is the first common method used to calculate pain and suffering damages in New York. Using this method, the economic damages established in the case are multiplied by a figure between 1.5 and five. Typically, the more severe a pedestrian’s injuries, the higher the multiplier used. Analyzing different factors can help determine which multiplier to use in a pedestrian accident case. Common factors include:
- The victim’s appearance both after and before the injury
- The level of inconvenience experienced by the victim of the injury
- The type of injury
- How the injury impacts the victim’s life
- Whether the injury suffered by the victim is a disabling condition or permanent impairment
- The injury’s impact on the victim’s career
- The need for ongoing psychological care or medical treatment
Per Diem Method
The second common method for calculating pain and suffering damages is called the per diem method. This method assigns a dollar amount per day for the pain and suffering experienced by the victim. For example, a court may assign a per diem amount of $200 per day for a pedestrian accident victim’s pain and suffering damages. The amount chosen is determined by analyzing factors similar to those used with the multiplier method. After the amount is established, the victim receives per diem for each day from the injury until the doctor releases the individual from care.
Contact a Pedestrian Accident Attorney
If you have suffered a pedestrian accident in New York, you need a knowledgeable and experienced pedestrian accident attorney in your corner. At Bornstein & Emanuel, P.C., we understand the difficulties associated with pedestrian accidents. Therefore, when you come to us for assistance with your pedestrian accident case, we will diligently pursue financial compensation on your behalf. Please contact us to arrange a consultation with an experienced New York City pedestrian accident attorney.
