Posted on 11/18/24
After suffering catastrophic injuries in a slip and fall accident, the at-fault party should be expected to compensate you for the full value of your damages. You should be compensated for every loss in your Buffalo slip and fall claim, including your emotional distress, pain, and suffering.
The amount you can get for pain and suffering in a New York slip and fall case ranges greatly based on the various ways your life has been affected. Here is more about the different types of pain and suffering, what state laws say about non-economic damages, and the various factors that influence how much your pain and suffering is worth.
Different Types of Pain & Suffering
Also commonly referred to as non-economic damages as described by CPLR § 1600, pain and suffering are notably different than traditional economic losses. While economic damages are monetary, pain and suffering and other related non-economic damages are intangible. Every person’s life can be affected differently. This means the amount of compensation you can recover for pain and suffering varies on a case-by-case basis. After a slip and fall accident, your “pain and suffering” may be comprised of several types of damages, including:
- Loss of enjoyment of life
- Loss of consortium, including an intimate relationship with your spouse or partner
- Physical pain and soreness
- Permanent disability, skin scarring, or disfigurement
- Emotional distress and mental anguish
To determine how much compensation you should be awarded for pain and suffering, your Buffalo personal injury lawyer will need to use either the multiplier or per diem method. With the multiplier method, the value of your economic damages will be multiplied by a designated multiplier based on the severity of your injuries. With the per diem method, the value of your economic damages will be multiplied by a per diem number based on the number of days you are expected to endure your pain and suffering.
New York State Laws on Awarding Pain and Suffering Damages
There is no cap on the amount of compensation you can be awarded for non-economic damages, including pain and suffering in New York State. This means you truly have the right to be made whole, and your Buffalo premises liability attorney can fight to ensure you are compensated for every single loss you have been subjected to.
It is important to know that if you are awarded compensation for future economic or non-economic damages, the law states that it must be paid from an annuity in periodic payments as described under CPLR § 5041. The language of the statute reads as follows:
“§ 5041. Basis for determining judgment to be entered. In order to determine what judgment is to be entered on a verdict in an action to recover damages for personal injury…
(b) The court shall enter judgment in lump sum for past damages, for future damages not in excess of two hundred fifty thousand dollars, and for any damages, fees or costs payable in lump sum or otherwise under
subdivisions (c) and (d) of this section. For the purposes of this section, any lump sum payment of a portion of future damages shall be deemed to include the elements of future damages in the same proportion as such elements comprise of the total award for future damages as determined by the trier of fact.”
Factors That Influence the Value of Your Pain and Suffering in Buffalo
Multiple factors could have an impact on how much your pain and suffering are worth. Most notably, the severity of your injuries will have the greatest effect on your Buffalo accident claim, as the more serious the injury, the greater your pain and suffering should be.
Other factors influencing the value of your pain and suffering damages include liability and how long you are expected to struggle with your pain and suffering losses. Additionally, the county where your lawsuit was filed may have specific statutes in place that influence the range or types of pain and suffering damages you could be awarded.