Introduction

By Kari Law Group, PLLC

📍 Richmond Hill, NY | ☎️ (718) 395-1818 | ✉️ info@karilaw.com

🌐 karilaw.com

When you’re involved in a car accident in New York, the first thing on your mind is survival — getting treated, getting home, getting back to your life.

But physical injuries are only half the battle.

The emotional and psychological wounds can last even longer.

Pain, anxiety, fear of driving again, the feeling that your life has been changed forever — these are real damages. In New York, you may be entitled to compensation for this suffering, but only if you meet specific legal requirements.

At Kari Law Group, PLLC, we guide injured New Yorkers through this complicated process every day. Here’s what you need to know if you’re thinking about suing for pain and suffering after a car crash.

Understanding New York’s No-Fault Insurance Rules

New York operates under a no-fault car insurance system.

This means:

• Your own insuranceyour medical bills and lost wages

• However, no-fault does NOT cover your pain, suffering, emotional trauma, or loss of enjoyment of life.

If you want to sue for these types of damages, you must step outside the no-fault system — by proving that you suffered a “serious injury” under New York law.

What Is a "Serious Injury" Under New York Law?

New York Insurance Law § 5102(d) defines a serious injury very specifically.

Here’s what qualifies:

• Fracture: Any broken bone counts — even small fractures.

• Significant Disfigurement: Major scarring, burns, or injuries that alter your appearance.

• Permanent Loss: Loss of use of a body organ, member, function, or system.

• Permanent Limitation: Permanent but partial limitation of an organ or limb’s function.

• Significant Limitation: Significant (but not necessarily permanent) limitation of a body system or function (e.g., reduced mobility).

• 90/180 Rule: You were substantially unable to perform your usual activities for at least 90 out of the first 180 days after the accident.

If your injuries fit into any one of these categories, you can file a lawsuit for pain and suffering.

👉 Important: Minor bruises, strains, and soft-tissue injuries (like mild whiplash) alone usually don’t qualify unless there's strong medical proof.

What Counts as "Pain and Suffering"?

Pain and suffering includes both physical and emotional consequences of an accident.

Examples:

• Chronic pain

• Sleep disorders or insomnia

• Anxiety, depression, PTSD

• Loss of ability to enjoy life (sports, hobbies, intimacy)

• Fear of driving or riding in vehicles

• Emotional trauma related to scarring or disability

Pain and suffering damages recognize that even after the body heals, the mind and life experience might not.

How to Prove Pain and Suffering in New York

Unlike a broken bone on an X-ray, pain and suffering aren't always visible.

That’s why documentation and testimony are critical.

Key evidence we use to prove pain and suffering includes:

✅ Medical Records: Consistent treatment notes showing your ongoing pain or mental health issues.

✅ Expert Testimony: Doctors, therapists, orthopedic specialists, or psychologists can testify about your condition.

✅ Personal Statements: Journals describing your daily challenges, pain levels, and emotional struggles.

✅ Witness Testimony: Statements from family, friends, coworkers about how your life changed after the accident.

✅ Photographs/Videos: Evidence of visible injuries, scars, or assistive devices (crutches, braces).

The more clearly we show how the injury disrupted your daily life, the stronger your pain and suffering case.

How Much Money Can You Recover for Pain and Suffering?

There is no fixed formula for calculating pain and suffering in New York.

Courts and insurance companies look at factors like:

• Severity and permanence of your injuries

• How long you’ve experienced pain or emotional distress

• Impact on your ability to work and live normally

• Future medical needs (surgeries, therapy)

• Psychological trauma or PTSD

👉 In serious cases (brain injuries, spinal damage, amputations), pain and suffering awards can reach hundreds of thousands or even millions of dollars.

In moderate cases, settlements might still range from $50,000 to $250,000+, depending on the specifics.

Every case is unique — and it’s our job to build a powerful, evidence-backed story to maximize your compensation.

Why You Shouldn’t Handle This Alone

Insurance companies don’t pay full value for pain and suffering without a fight.

They are trained to deny, delay, and minimize claims.

Without strong legal representation:

• They may argue your injuries aren’t serious enough.

• They may say your emotional suffering is "exaggerated."

• They may offer fast but low settlements hoping you’ll accept before you know your rights.

At Kari Law Group, we fight smarter and harder to make sure you get every dollar you deserve.

We negotiate. We litigate. We go to trial if necessary.

Talk to a New York Car Accident Lawyer Today

If you're suffering physically or emotionally after a car crash, don't wonder if you have a case.

Get real answers. At Kari Law Group, PLLC, we treat every client like family — and we fight for you like it’s personal, because it is.

📍 Kari Law Group, PLLC

86-11 Lefferts Blvd, Suite #7

Richmond Hill, NY 11418

📞 (718) 395-1818

✉️ info@karilaw.com

🌐 www.karilaw.com

Pain and suffering matter. And so do you. Let's fight for what you deserve.