How to Get Compensation for Pain and Suffering After a Product Liability Accident

Few people would ever buy a product they knew was dangerous.

In New York, a state with some of the strongest consumer-protection laws in the country, you have every right to expect that the products you buy are safe. However, companies make mistakes, and sometimes they deliberately cut corners, too. Even minor omissions during a product’s design phase or manufacturing process can have serious later repercussions, though they are not always apparent until it is too late.

Defective products can cause lasting harm, but not all injuries are visible. A broken bone, for instance, is an inherently serious and painful injury. In the first stages of recovery, your priority might be regaining your mobility or managing medical debt. But recovery, whether it lasts for weeks or months, can take a toll on the body and mind, making everyday life extraordinarily unpleasant.

If you have been injured by a defective product, you could be entitled to compensation for your losses. One of the most commonly-awarded types of damages in product liability claims is pain and suffering, a term that encompasses the subjective but very real feelings of pain, hardship, and loss that so often accompany serious injury.

How New York Defines “Pain And Suffering”

The term “pain and suffering” describes the feelings of physical discomfort and emotional distress that often occur after being injured in a serious accident. In New York, compensation for pain and suffering is typically awarded on either, or both, of the following bases:

1. Physical pain and suffering. Physical pain and suffering are the physical pain caused by an injury. It encompasses the pain inherent to certain conditions, like broken bones and burns, as well as pain resultant from accident-related injuries and complications.
2. Emotional pain and suffering. Emotional pain and suffering refer to the subjective and psychological impacts of an accident. This form of pain and suffering, which entails everything from anxiety and depression to post-traumatic stress disorder, can persist long after physical injuries have healed.

Physical and emotional pain and suffering fall into the broader category of damages called non-economic damages. In New York, non-economic damages are not capped. This means that there is no exact limit on how much relief you could obtain for your physical pain and suffering or your psychological trauma.

Proving Pain And Suffering In A Personal Injury Lawsuit

Proving pain and suffering usually involves providing corroborating evidence.

This could include:

1. Medical records indicating that you sustained an unequivocally serious injury;
2. Testimony from your doctor or your therapist;
3. Diary entries or other personal notes that document your symptoms and how, if at all, they have changed over time;
4. Statements from friends, family members, and coworkers explaining how an accident has altered your life; and
5. Diagnostic reports and medical receipts showing that you have been treated, or sought treatment for, certain medical conditions.

Physical and emotional pain and suffering, and other non-economic damages, are often sticking points in settlement negotiations. You know exactly what your injury feels like, but personal injury lawsuits revolve around evidence. Proving that you are hurting is not always easy, and it could require meeting a much higher evidentiary standard than you might expect.

Do not take chances with your right to a fair recovery. Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients across Upstate New York secure more than $250 million in damages. We could help you, too. Please send us a message online or call us at 1-866-529-5334 to speak to a personal injury lawyer near Buffalo and schedule your 100% free, no-obligation consultation.