When the claim moves into court
A lawsuit seeking damages for pain and suffering still rests on the underlying claim: negligence or other wrongful conduct must be proven before damages are reached. Filing suit brings discovery, which means the defense will review your medical history, may request records from before the injury, and will usually take your deposition. You may also be asked to attend an examination by a physician chosen by the defense. Many injury cases still settle during litigation, sometimes after depositions or close to trial, once each side has seen the evidence. Filing deadlines vary by claim and defendant, and claims against public entities in New York begin with a notice of claim due within a short period.
How pain is shown to a jury
Jurors cannot see pain directly, so it is proven through people and records. Your own testimony about what the injury changed is central, and it is most persuasive when it is specific and consistent with the medical records. Treating doctors can explain diagnoses, procedures, and prognosis, and retained medical witnesses may address permanence or future care. Family members and coworkers can describe what they saw before and after. Damages can include past pain and suffering and, when the injury is expected to continue, future pain and suffering, which New York juries generally consider as separate items.
After the verdict
A jury's figure is not always the last word. In New York, trial and appellate courts can review whether an award deviates materially from reasonable compensation, often by comparing it with awards in similar cases, and can order a new trial on damages unless a party accepts a reduced or increased amount. Comparative fault can reduce the award if the jury finds you partly responsible. Liens from health insurers and other payers may also attach to the recovery. A first meeting with us covers the liability evidence, the medical picture, and the realistic costs of trial, so you can decide whether to keep pressing toward a verdict or resolve the case along the way.
