{"id":375345,"date":"2016-11-03T13:19:33","date_gmt":"2016-11-03T18:19:33","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/pain-and-suffering-damages-in-new-york.html"},"modified":"2018-12-06T14:56:15","modified_gmt":"2018-12-06T19:56:15","slug":"pain-and-suffering-damages-in-new-york","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/pain-and-suffering-damages-in-new-york.html","title":{"rendered":"Pain and Suffering Damages in New York"},"content":{"rendered":"\n
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Pain and Suffering Damages in New York<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Clip. Snip. Pinch off a vein there, place a stitch or six, cauterize, and close. Whoops \u2013 your New York doctor had a few too many martinis before work and botched your surgery. For her, it\u2019s a nuisance and a threat to her career. For you, her mistake \u2013 or medical malpractice \u2013 means you\u2019ll have shooting pain in your legs and back for the rest of your life and can no longer drive heavy equipment. Calculating the lost income is easy, but how do you put a price on lifelong pain and suffering \u2013 and better yet, will New York allow a jury to set an adequate price? Read on to learn more about pain and suffering damages in New York.<\/p>\r\n

What Are Pain and Suffering Damages?<\/h2>\r\n

To many, \u201cpain and suffering\u201d damages<\/a> are a plot line in a television show, but to accident victims, these damages compensate for the excruciating pain and anguish that a person deals with after an accident or intentional harm by another person. The emotional distress (or \u201canguish\u201d) portion of these damages often factors in depression, anxiety, loss of sleep, and other mental symptoms that accompany the injuries sustained. These hard-to-calculate pain and suffering awards are often labeled \u201cnon-economic\u201d (or \u201cgeneral\u201d) damages.<\/p>\r\n

So, how does a judge or jury make such calculations? They might consider:<\/p>\r\n