Posted on 10/13/25
If you were injured in New York by another person’s negligence, you should know how pain and suffering are calculated. These damages are a form of non-economic compensation, which is a critical part of Buffalo personal injury claims, compensating the injured for the intangible impact on their lives.
How Is Pain and Suffering Defined in New York?
Under New York Law, pain and suffering is a broad legal term representing the non-economic, subjective losses experienced by an injury victim. In comparison with economic damages, which compensate for easily calculated expenses like medical bills and lost pay, non-economic damages represent any physical hurt or emotional suffering you experience due to an accident or incident. In New York, pain and suffering include:
- Discomfort and chronic physical pain from injuries
- Emotional distress and mental anguish
- Psychological trauma, including anxiety, depression, fear, insomnia, and post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Disfigurement and scarring
If you are trying to figure out how pain and suffering are calculated in New York personal injury cases, working with a Buffalo accident lawyer could help you determine the comprehensive value.
Calculating Pain and Suffering in New York
Unlike economic damages, directly connected with financial amounts, there is no definitive, fixed formula for calculating pain and suffering under New York law. The amount is subjective and depends on various factors, including:
- Duration of Suffering: Whether your pain and suffering was a temporary condition during recovery or continues as a permanent, chronic symptom, the duration of the suffering you experienced will impact the value of your case.
- Impact on Daily Life: The amount the injury has impacted your everyday life, ability to perform household tasks, maintain relationships, and engage in hobbies and activities you once did will impact the calculation.
- Quality and Strength of Your Case: Much of your final award will be based on the strength of your personal injury case and the ability of your attorney to effectively present compelling evidence and testimony.
- Severity and Nature of the Injury: More severe, permanent, or debilitating injuries typically result in higher awarded amounts. For example, a catastrophic injury typically will result in a higher case value than a minor sprain.
There are two main methods of calculation that are often used by personal injury lawyers in New York courts. While neither of these methods is actually linked with specific laws, they are generally respected as methods used as a starting point in negotiations. These methods are the Multiplier Method and the Per Diem Method.
The Multiplier Method takes the total of all estimated economic damages, current and future, and multiplies that by a number corresponding to the severity of your injury. This number is typically 1.5 through 5. The Per Diem Method assigns a daily dollar value for the amount of suffering that was endured from the date the injury occurred until maximum medical improvement is reached.
New York Limits on the Amount of Pain and Suffering Damages
Generally, New York state law does not impose a cap on pain and suffering damages for personal injury cases. This means that a jury or settlement can award you the full amount necessary to compensate you for your injury. Certain statutory exceptions can apply, for cases such as medical malpractice or those submitted against a municipality or state agency. Speak with a Buffalo wrongful death attorney if you have questions regarding how pain and suffering are calculated in New York.