Every slip-and-fall lawsuit is focused on the victim’s claim for damages.
In the context of New York’s legal system, the term “damages” is used to describe compensation for injury and loss. The two broadest and most common categories of damages include the following:
- Economic Damages: Your economic damages are compensation for verifiable financial losses incurred by the accident and accident-related injuries. Examples of economic damages include paid hospital bills, anticipated medical costs, and lost income from work.
- Non-Economic Damages: Your non-economic damages are compensation for the subjective and intangible losses caused by your accident and accident-related injuries. Examples of non-economic damages include loss of enjoyment, disfigurement, and loss of companionship.
Since pain and suffering cannot be measured with a dollar amount, it is considered a type of non-economic damage.
Defining “Pain And Suffering”
Your claim for pain and suffering damages reflects the many ways in which your accident has affected your physical well-being and mental health. Pain and suffering-related damages typically fall into one of the following two categories:
- Physical pain and suffering, which includes chronic pain, acute pain, and feelings of discomfort associated with an initial injury and treatment-related complications.
- Emotional pain and suffering, which encompasses feelings of distress, trauma, and depression.
What An Emotional Pain And Suffering Claim Compensates
Emotional pain and suffering damages can compensate for different and distinct feelings of mental harm. These include, but are not limited to, the following:
- Accident-related anxiety;
- Accident-related depression;
- Accident-related insomnia;
- Feelings of hopelessness, anguish, or torment; and
- Feelings of humiliation associated with the accident or accident-inflicted injuries.
In some cases, slip-and-fall accident victims can obtain compensation for the intentional infliction of emotional distress, or “IIED.” The intentional infliction of emotional distress occurs when the defendant’s actions—which could include acts of intimidation or threats of retaliation—affect your mental health.
How To Prove Emotional Pain And Suffering
You cannot use receipts or photographs to prove emotional pain and suffering, but you still need evidence to obtain compensation for emotional pain and suffering. Evidence could include any of the following:
- Your medical records;
- Reports from a psychologist, psychiatrist, or family physician;
- Pictures of your physical injury used in conjunction with other forms of evidence;
- Excerpts from a pain journal; and
- Letters and statements from people who know you well, like friends, family members, or coworkers.
Expert Witnesses In Emotional Pain And Suffering Claims
If your evidence alone isn’t enough to negotiate a fair settlement or persuade a judge and jury, your personal injury lawyer could help strengthen your case by retaining the services of an expert witness. An expert witness could be any of the following:
- A medical expert who has experience treating accident victims who have suffered similar injuries;
- A psychological expert who can recognize the signs of mental anguish and emotional trauma; or
- An economic expert who can determine whether a diagnosis of depression, anxiety, or insomnia is likely to affect your income or long-term employability.
Call The Dietrich Law Firm P.C. Today
Insurance companies and defense attorneys are often inclined to cast skepticism on slip-and-fall claims, especially when they involve requests for emotional pain and suffering damages.
You don’t have to accept excuses and accusations in place of fair compensation. The Dietrich Law Firm P.C. has spent decades helping slip-and-fall accident victims assert their rights to a fair recovery—and we have the results to prove it. Please send us an online message or call us at 716-839-3939 to schedule your 100% free consultation.