Denlea & Carton


June 02, 2023

Can I Sue for Pain and Suffering in New York?

Your Rights If You Are Seriously Injured in an Accident

If you are seriously injured as a result of someone else’s negligence, you are likely entitled to damages. Damages may include compensation for a wide range of losses, such as your medical bills, lost wages, and other out-of-pocket expenses. New York also allows individuals to collect damages related to their pain and suffering, but calculating those losses can be challenging without the help of an attorney.

At Denlea & Carton LLP, we represent individuals who have suffered unimaginable harm as the result of another person’s wrongdoing. We fight to ensure that our clients receive compensation for all of their losses, including their pain and suffering. We know what it takes to obtain the financial recovery our clients deserve. If you were injured in an accident in White Plains, NY, contact our office to schedule a free consultation. 

Can I Sue for Pain and Suffering?

The State of New York allows individuals who have been seriously injured to sue for non-economic damages, including pain and suffering. However, unlike economic damages such as medical bills and lost wages, a person’s pain and suffering are more difficult to calculate. Therefore, it is essential to consult with an attorney to determine how to quantify these and other “general” damages.

How Are Pain and Suffering Damages Calculated?

There is no one-size-fits-all calculator to determine the value of a person’s pain and suffering after a debilitating accident. Every case is unique. A judge or jury may look at several factors to determine the amount that should be paid to an injured party for the physical pain and emotional suffering that they endured as a result of the accident.

Things that may be taken into consideration when calculating pain and suffering:

  • The impact the accident had on the person’s daily life.
  • The expected recovery time for the injuries.
  • Whether the person now suffers from a mental health condition such as depression or post-traumatic stress disorder (PTSD).
  • If the person can return to work.
  • If the accident shortened the person’s life expectancy.
  • How the accident affected the person’s relationships.

How Do I Qualify for Pain and Suffering Damages?

Pain and suffering damages are usually awarded in cases where a person is seriously injured. Non-economic damages are usually not automatically granted. An attorney can help to determine whether you will qualify for these damages and how much you might receive based on your injuries.

Injured in an Accident? Contact Our Office.

Were you injured in an accident in White Plains or Westchester County, NY? Contact our office to schedule a free, no-obligation consultation. We can help you obtain compensation after an accident. We are dedicated to helping injury victims receive the largest possible recovery, including money for their pain and suffering. Call now to discuss your legal options directly with an attorney.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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