When a person is injured in an accident caused by another person or entity, he or she can recover damages for pain and suffering as well as other costs. In New York, the court award for pain and suffering in a personal injury case depends on the extent of the injury and the future prognosis, including the psychological and emotional as well as physical impact. If you or a loved one pursues a personal injury claim because of a negligent action by an individual, business, or organization, the court will consider proof of pain and suffering when determining the final damage amount.
Gather documents from health care providers that detail the physical and mental effects of the accident. Your medical doctor must include information about how the injury has impacted your ability to function and the surgeries, treatments, and pain-relieving measures that will be required as you recover. If you are experiencing psychological effects related to the accident, seek care from a mental health provider such as a psychiatrist or therapist. He or she can provide notes about how the trauma has impacted your emotions, cognition, and overall mental health, including depression, anxiety, or post-traumatic stress symptoms that have arisen after the accident.