How is pain and suffering calculated in a spinal injury case?

In New York, pain and suffering calculations in a spinal injury case are based on how the injury has affected the individual’s life. This includes physical pain, mental anguish, and all the long-term or permanent consequences of the injury. Pain and suffering calculations account for both the subjective and objective impact the injury has had on the plaintiff. Subjective impacts, or ones that are difficult to measure or quantify, may be considered when the court assesses the impact of the injury. This could include psychological effects such as depression, anxiety, or fear, as well as any changes in the plaintiff’s day-to-day life due to the injury. On the other hand, objective impacts are measurable, and can be used by expert witnesses to help the court make a determination in regards to the level of damages the plaintiff should receive. Broader economic losses such as lost wages or future earnings, as well as out of pocket medical costs, can be taken into consideration when determining a fair settlement amount. In spinal injury cases, it is important to include all types of damages—both subjective and objective—in the settlement calculation. If the court does not take into account all of the effects the injury has had on the individual’s life, the plaintiff may not receive the compensation they deserve. It is important for plaintiffs to consult a skilled personal injury attorney to ensure that every aspect of the injury is considered when calculating damages.

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