Many of the articles on this blog mention “pain and suffering” as a factor in winning compensation in personal injury cases. But how does the law define it? It is important to understand how insurance companies and the law define and calculate pain and suffering so you can be certain that you are awarded appropriate compensation.
Definition of Pain and Suffering
“Pain and suffering” can be split into two categories: physical and emotional/mental.
Physical pain and suffering refers to the claimant’s injuries sustained as a result of the injury. This includes discomfort and pain immediately after the accident to the time the claim was filed, plus whatever physical pain and negative health effects the claimant anticipates experiencing in the future as a result of the accident.
Mental pain and suffering refers to the negative emotional effects the claimant experienced as a by-product of their physical pain. This could be embarrassment, shock, loss of interest in life, anxiety, or anger. Like physical pain and suffering, the mental definition also includes any mental and emotional anguish the claimant anticipates experiencing in the future as a direct side effect of the accident. Some more serious instances of emotional pain and suffering include PTSD, depression, mood swings, and sexual dysfunction.
How the courts calculate “pain and suffering”
If a personal injury case goes to trial, a jury will be responsible for determining how much to award a plaintiff for their pain and suffering. Generally, the judge advises the jury to use their best judgment when deciding on an amount to award because there is no set rulebook or rubric regarding the calculation. The jury will usually take into consideration the plaintiff’s credibility, whether expert testimony support’s the plaintiff’s claims, whether the plaintiff has a criminal record, and whether they believe the plaintiff exaggerated their injuries.
A “multiplier” is sometimes used to calculate the amount, but not always. The multiplier multiplies the plaintiff’s “special damages,” meaning total medical bills and lost wages, by a number between 1.5 and 4 to calculate how much to award for pain and suffering.
Contact a New York Injury Attorney
If you have been injured due to someone else’s negligence, you may be entitled to compensation. If you have experienced pain and suffering as a result of that injury, the experienced injury attorneys at Hach & Rose, LLP, can assist you with understanding your rights and building a case. Call our office at (212) 779-0057 or reach out to us online to schedule your free consultation today.
With the busy holiday shopping season in full swing, retail workers are putting in long, exhausting hours to prepare for the influx of holiday shoppers. Much like any other demanding occupation, retail-work does not come without its risks.
According to a 2018 report from the United States Bureau of Labor Statistics (BLS), researchers found that “retail trade accounted for 14 percent of all injuries and illnesses [within the] private industry.” When calculated out, this percentage amounts to almost 410 thousand occupational injuries and illnesses in 2018 — that’s a 3.6 percent increase from the total recorded cases in 2017.
Some of the most common injury risks for retail workers include:
- Overextension injuries from excessive physical effort.
- Strains and sprains from lifting and handling heavy items.
- Hernias from lifting and handling heavy items.
- Slips, trips, and falls from improperly maintained walkways.
- Traumatic injuries from falling objects.
- Cuts and lacerations from lives, box cutters, or other sharp objects.
- Traumatic injuries from industrial-grade vehicles and equipment.
- Poor health and a weakened immune system from workplace stress.
Because retail environments can be hazardous, there are numerous rules, regulations, and procedures in place to protect workers. However, if these procedures are not properly maintained, a devastating accident could result.
In a recent report from the BLS, researchers found that a total of 287 retail trade workers sustained fatal injuries in 2017. If these injury rates continue to grow, the total number of fatal injuries for retail workers could be well over 300 by New Year’s Eve.
Contact a New York Injury Lawyer
Retailers have a responsibility to maintain a safe, hazard-free work environment for their employees — no matter what time of year it is. If you or someone you love was injured in an accident, you could be owed compensation for the harm you’ve suffered. This compensation might be available in the form of workers’ compensation benefits or a personal injury claim, depending on the specifics of your situation. Contact Hach & Rose, LLP to speak with an experienced New York injury attorney at (212) 779-0057 to schedule a FREE consultation today.
Restaurant workers face numerous risks within the food-service industry. Professional kitchens often have wet, slippery floors from constant cleaning, and are typically equipped with sharp cutting utensils, hot stoves, deep fat fryers, and industrial-grade appliances.
These factors, coupled with a fast-paced work environment, create plenty of opportunities for restaurant workers to sustain serious — or even fatal — injury. To point, the Bureau of Labor Statistics (BLS) kept track of restaurant worker injury rates in a 2017 study. Researchers found that 447 workers sustained fatal injuries within the workplace.
According to the United States Food and Drug Administration (FDA), a restaurant is legally defined as “a facility that prepares and sells food directly to consumers for immediate consumption.” Because of this definition, there can be many different types of restaurant workers, including:
- Serving staff
Restaurant workers often have very physically demanding jobs. In addition to burns, cuts, and lacerations, workers are at risk for sprains, strains, overextensions, and repetitive motion injuries. Wet floors could easily lead to slip-and-fall accidents, even with the appropriate footwear. Sometimes, injuries can be so severe that workers may become temporarily or permanently disabled.
In these cases, restaurant employees risk missing out on weeks, or even months of compensation. Some workers may even be fired from their positions without notice. If you have experienced this treatment as a restaurant worker, it may be beneficial to hire an attorney to avoid being taken advantage of.
Contact a New York Personal Injury Attorney
If you or someone you love has sustained injury as a restaurant worker because of a negligent party, you have the right to seek financial compensation. Hospital bills and medical treatment can be financially devastating, especially for restaurant workers who are often paid very little to work long, exhausting hours. At Hach & Rose, LLP, we will fight for justice on your behalf, and do everything possible to obtain the financial compensation you deserve.
Wilton, NY (July 5, 2019) – State police have announced the arrest of a man from Wilton who has been accused of rape. William Traver, 39, has been charged with the rape of a 16-year-old girl after police arrested him at his home on Friday, July 5th.
Dunkirk, NY (July 5, 2019) – A fireworks accident that happened on Thursday, the Fourth of July, left a woman injured in the town of Dunkirk, according to authorities. Police stated that a woman was hit with a firework on Bayshore Drive at approximately 10:15 p.m.
Florence, NY (July 5, 2019) – On Friday, July, 5th, police were immediately called to the scene of a fatal motorcycle crash that took place on Wolcott Hill Road in the town of Florence. According to State Police in Sylvan Beach, 26-year-old Brandon E. Humphrey, of Camden, tragically lost his life in the accident that occurred at 1:08 p.m.
Bulls Head, NY (July 5, 2019) – A two-car crash in the Bulls Head neighborhood of Staten Island ended with injuries on Friday, July 5th, according to firefighters who were called to the scene. The crash occurred at approximately 3:33 p.m. at the intersection of Victory Boulevard and Goller Place for reasons that are being investigated.
Watertown, NY (July 5, 2019) – On Wednesday, July 3rd, police were promptly summoned to the scene of a fatal motorcycle crash that took place on State Route 3 in Watertown. The collision between a motorcycle and a 2015 Chevrolet Malibu was reported to have happened around 3:15 p.m.
Fire Island, NY (July 5, 2019) – A fatal accident occurred in a swimming pool at the restaurant Canteen at Fire Island Ponds on Thursday evening, July 4th. According to authorities, a man died after he was found in the swimming pool of the restaurant, unconscious and unresponsive around 7:00 p.m.
Wheatfield, NY (July 5, 2019) – Traffic was snarled following a motor vehicle accident that took place on Lockport Road in the town of Wheatfield on Thursday, July 4th. The crash happened at an unspecified time near the air base on Lockport Road for reasons that are being investigated.
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