There is no formula in New York to compute how much money you are entitled to for pain and suffering as part of your personal injury case, no matter if you were injured in a car or truck accident, construction accident, product liability claim or some other type of incident/accident.  Every injured person who can prove to a jury that the defendant in their case is legally responsible for causing their injury,  is entitled to money for three different items, plus their medical bills:  lost wages caused by the injury or accident;  loss of household services (the person's ability to perform work around the house), and pain and suffering.        The injured person's claims for lost wages and loss of household services can be calculated with a pencil and paper (and calculator) with a resonable degree of certainty.  This is because we have hard information on these points from the person's past earnings history, remaining expected work life, as well as the estimated cost to hire someone to do the household work that the injured person can no longer perform.  However, pain and suffering is very difficult to quantify.         What factors influence a jury's award of money for pain and suffering?  Certainly the severity of the injuries and the permanence of those injuries, as well as the remaining number of years of the person's expected life.  However, the reality of life is that since jurors are everyday folks, their awards for pain and suffering are often influenced by their like or dislike of the injured person and his/her attorney, as well as the jorors like/dislike of the defendant(s) and their attorneys.  Obviously it is critical during the trial of your case  to make sure you and your lawyer do nothing to offend the jury or to get the jurors to become upset with you.  Similarly, if, during the trial of your case, you and your lawyer have the opportunity to demonstrate to the jury dishonest or unethical behavoir on the part of the other side, it can be reflected in the jury verdict.      In short, an experienced, smart lawyer can take steps during your case and trial to maximze the amount of money you get for pain and suffering, even though there is no formula for calculating the same.   If you are in Rochester, Geneseo or anywhere else in western New York or the southern tier, Scott Cannon and Joe Moran are the experiences, smart lawyers for you. 

 

Listen to Scott's radio show, "Cannon's Law- Opening Fire" on WYSL 1040AM and FM TALK 92.1, Saturday mornings 8:00-9:00, and Sunday evenings from 6:00-7:00.

Q: How much money can I get for pain and suffering as part of my injury case?

A:      There is no formula in New York to compute how much money you are entitled to for "pain and suffering" as part of your personal injury case, no matter if you were injured in a car or truck accident, construction accident, product liability claim or some other type of incident/accident.  Every injured person who can prove to a jury that the defendant in their case is legally responsible for causing their injury,  is entitled to money for three different items, plus their medical bills:  lost wages caused by the injury or accident;  loss of household services (the person's ability to perform work around the house), and pain and suffering.  
     The injured person's claims for lost wages and loss of household services can be calculated with a pencil and paper (and calculator) with a resonable degree of certainty.  This is because we have "hard" information on these points from the person's past earnings history, remaining expected work life, as well as the estimated cost to hire someone to do the household work that the injured person can no longer perform.  However, pain and suffering is very difficult to quantify.  
      What factors influence a jury's award of money for pain and suffering?  Certainly the severity of the injuries and the permanence of those injuries, as well as the remaining number of years of the person's expected life.  However, the reality of life is that since jurors are everyday folks, their awards for pain and suffering are often influenced by their like or dislike of the injured person and his/her attorney, as well as the jorors like/dislike of the defendant(s) and their attorneys.  Obviously it is critical during the trial of your case  to make sure you and your lawyer do nothing to offend the jury or to get the jurors to become upset with you.  Similarly, if, during the trial of your case, you and your lawyer have the opportunity to demonstrate to the jury dishonest or unethical behavoir on the part of the "other" side, it can be reflected in the jury verdict.
     In short, an experienced, smart lawyer can take steps during your case and trial to maximze the amount of money you get for pain and suffering, even though there is no formula for calculating the same.   If you are in Rochester, Geneseo or anywhere else in western New York or the southern tier, Scott Cannon and Joe Moran are the experiences, smart lawyers for you. 


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