What is Compensation for Pain and Suffering?

Most people are aware that accident victims can collect compensation for their pain and suffering and that some people collect millions of dollars for these claims. The important thing to remember is that huge pay-outs for pain and suffering are reserved for people with severe or catastrophic injuries, so their pay out is not something to envy. That said, experienced accident attorneys in Queens can help you collect the largest amount of compensation for pain and suffering that you are entitled to, even if your injuries are not extreme and debilitating.

Motor Vehicle Accidents in New York

New York is a no-fault state, which means that you are entitled to up to $50,000 in first party benefits for medical expenses, lost earnings, and some related expenses, but you must have a “serious permanent injury or 90 days of disability” in order to collect additional compensation for your pain and suffering. The goal of this law is to reduce the amount of claims for pain and suffering, freeing up the court system and reducing the amount of money that insurance companies pay out. Some types of injuries such as fractures, no matter how small, automatically meet the threshold, but many other injuries fall into a gray area. If you heal quickly and need very limited medical treatment, it’s not likely you’ll be successful with your case and accident attorneys in Queens are not likely to take such cases on a contingency retainer. On the other hand, if you sustain a back injury that keeps you out of work for a significant amount of time or an injury to an extremity that requires arthroscopic surgery, an experienced Queens and Brooklyn car accident attorney can usually help you collect a sizable amount of money for your pain and suffering.

Slip and Falls, Dog Bites, Food Poisoning and Other Claims

The no-fault law only applies to motor vehicle accidents, so Queens accident attorneys can collect compensation for pain and suffering for smaller injuries for many other types of claims. That said, it’s only possible to collect compensation for injury claims that are well documented, so getting medical substantiation is a must. For example, if you sustain an injury from a fall, the best way to prove that the accident happened AND that you were injured is to call an ambulance to take you from the scene to the emergency room. The next best way to document your injuries is to go to an emergency room or urgent care center as soon as possible after the accident happens. If the emergency room or urgent care recommends testing or physical therapy, you’ll improve your claim by following through with these recommendations.

2023-04-21T15:19:02+00:00By |0 Comments

About the Author:

Alyce Wittenstein is a world class attorney, blogger and filmmaker. She began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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