If you were injured in an accident in New York, one of the most pressing questions you likely have is how much you can get from a personal injury lawsuit. The actual answer will depend on numerous factors. Understanding the settlement value of your personal injury claim, or how much a jury might award you, can help manage your expectations and allow you to better appreciate your options.
Were you or a loved one injured in New York? Talk to Finkelstein & Partners. We can review the specifics of your case and help you gain an understanding of what it might be worth.
Two Possible Paths: Settlement and Trial
When an individual has a personal injury claim against another party, there are usually two possible paths for resolving it: settlement or trial.
Settlement can occur through informal negotiations between an experienced personal injury lawyer and insurance companies, or through the more formal process of mediation. Mediation involves a neutral third-party mediator meeting with all parties to understand their position in the case and attempt to reach a mutually agreeable resolution. A mediator can facilitate settlement discussions and offers, but cannot force anyone to accept a specific proposal.
If the mediation is successful in settling, then the terms of that settlement will be reduced to writing and signed by all parties. If a lawsuit has already been filed when mediation is completed, the agreement will be sent to the court notifying the judge that further litigation and a trial will not be necessary. Importantly, once you settle your New York personal injury case, you cannot ask for more money later (for example, if your physical injuries turn out to be worse than expected); you will have to waive further legal action on the matter in exchange for the settlement.
Most New York personal injury cases settle because:
- Trials are expensive
- The outcome of the trial is uncertain
- Insurance companies are generally risk-averse
- Litigation takes time and can lead to appeals
- Victims tend to want a relatively quick resolution
If either mediation is not successful or the parties cannot otherwise agree to a settlement, then the matter will proceed to trial. It’s also possible for some issues to settle but not others, or for a victim to settle with some parties but not others. Either way, the matter will be heard by a judge and jury. Trials usually take much longer than settlement and involve many more hearings and other steps.
Potential Damages You Can Demand in a Personal Injury Claim
To understand your personal injury settlement value, you need to know what sorts of damages might be available. “Damages” refers to the total monetary compensation that you receive for severe injuries and other losses. New York personal injury damages include:
- Economic damages: These are called “economic” because their value is objective and relatively straightforward. Some examples are medical bills, reasonably estimated future medical expenses, lost income, reduced earning capacity, and property damage.
- Non-economic damages: In contrast to economic damages, non-economic damages are more subjective in nature. For example, there is no official personal injury settlement value calculator, so courts can use different methods to determine how much these losses are worth. There are other non-economic damages, such as emotional distress and decreased enjoyment of life.
- Punitive damages: Unlike the above damages, which are collectively known as compensatory damages, punitive damages are intended to punish the at-fault party. They are rarely awarded in New York, but may be available if the at-fault party has demonstrated willful or wanton misconduct, gross recklessness, or disregard for the safety of others.
The nature and amount of your available damages depend on the specific facts of your injury. Either your personal injury settlement or your court judgment can include the above types.
Factors Affecting Your Personal Injury Settlement Value
Since your personal injury claim will likely settle without the need for a trial, it helps to understand how different factors can impact the total value of your settlement offer. What follows are some examples.
The Severity of Your Physical Injuries
A victim’s injuries can be anything from minor to catastrophic, temporary to permanent. Your sustained injuries, in turn, affect nearly every other component of your personal injury claim.
Minor injuries can include bone fractures, sprains, lacerations, and soft tissue damage. Victims typically require minimal medical attention for these, so the personal injury settlement value might be four or five figures. Of course, more time in the hospital, more treatments, and more necessary medical appointments can quickly bump these numbers up to six figures.
Severe, catastrophic injuries such as traumatic brain injury (TBI), spinal cord injury, and paralysis will translate into longer hospital stays, more treatments, and much higher medical bills. A victim who suffers permanent disability and disfigurement may never return to normal life due to their injuries. Settlement offers of personal injury claims can easily reach and exceed $1 million.
Future Medical Needs
Similarly, a victim has to account for future medical needs they are expected to have. Depending on the severity of your injury, you could require ongoing treatment for the rest of your life.
Expert medical witnesses can explain treatments you are likely to have. Your likely future medical needs will increase the value of your personal injury settlement.
Lost Income and Your Ability to Work
You will lose time from work while you are recovering from your accident. You could miss weeks or even months, especially if you suffer more debilitating injuries. That means present and future lost income.
But unfortunately, your losses may not end there. Your injuries could prevent you from returning to your previous career and cost you substantially in terms of reduced income-earning capacity, bonuses and promotions you will never enjoy because of your injuries, and benefits you will miss out on.
Whether You Can File a Car Accident Lawsuit
New York has a no-fault insurance system under which insurers pay for victims’ medical bills, and future lost income up to $50,000, no matter who was at fault for the accident. Victims who suffer more than $50,000 in economic losses or who have a serious injury (which is defined by state law) can step outside the no-fault system and file a lawsuit against the at-fault party. Whether this option is available to you will certainly affect your settlement.
The Value of Your Non-Economic Compensatory Damages
In general, non-economic damages are those that affect the injury victim’s quality of life. Even minor injuries can cause pain and suffering, anxiety, depression, emotional distress, and much more. Because of your accident, you may not be able to participate in activities you once enjoyed.
Although non-economic damages are harder to calculate and insurance companies are often reluctant to pay them, they have value and will affect your settlement amount.
The At-Fault Party’s Conduct
This consideration is especially relevant to whether you can ask for punitive damages. Insurance companies may not want to include punitive damages in a settlement, but some cases of negligence are so outrageous that it is difficult for them to resist. Also, when an at-fault party’s actions are clearly wrong, the insurers, in general, are more willing to settle.
The Attitudes of New York Personal Injury Lawyers and Insurers
Some defense attorneys and insurance companies are more agreeable to settlement, knowing that it can save time and money for the people they represent. Others are determined to fight the plaintiff every step of the way. Regardless, their attitudes have real effects on settlement discussions.
The Strength of Your Evidence
Stronger evidence typically results in higher settlement amounts. You should work with your personal injury attorney to develop such evidence as:
- Pictures and videos of the accident scene and of your injuries
- Police, accident, and incident reports
- Your personal experiences and notes
- Medical records
- Employment and income information
- Eyewitness statements
- Forensic evidence
- Expert witness reports (e.g., an accident reconstruction)
- Emails, text messages, and other written communications
Whether You Were at Fault
In some personal injury cases, the injury victim shares some blame for causing their own accident. The victim can still recover compensation, but the amount will be reduced by whatever percentage of fault is attributed to them. This is known as comparative fault or comparative negligence.
If there is evidence that you were partially at fault for the accident, this will affect both settlement negotiations and a trial if it reaches that point.
If My Case Goes to Trial, What Will Affect the Verdict?
While most personal injury cases settle, it’s still helpful to understand what could happen if your case goes to trial. In addition to the settlement factors, some aspects may affect the amount of money the court awards you:
- The jury: What jurors think of you and your case will have significant consequences for how much they decide to award you. This is particularly relevant for motorcycle accident victims, who sometimes face unwarranted bias from jurors.
- The judge: The conduct and disposition of the judge are also relevant. For instance, the judge may refuse to allow you to admit evidence in court if it does not follow certain rules. The judge also has to rule on certain motions throughout litigation that will affect the verdict.
- Credibility of the parties: The consistency of testimony, the strength of evidence, and the reliability of witnesses affect both the plaintiff and the defendant. To what extent you and your case are credible affects the verdict.
- The impact of the accident on your life: Although this is also relevant to the value of a settlement, jury members can actually observe how the injury has affected you. Their impressions impact their emotions and their decisions in the case.
Contact Our Experienced Personal Injury Attorneys for a Free Case Review
Whether your case settles or goes to trial, its outcome will depend heavily on the skill and dedication of your personal injury attorney. When the value of your case is on the line, you need more than a law firm that only has limited experience with personal injury cases. You need a serious advocate who is ready to fight for the compensation you deserve, both inside and outside the courtroom.
That legal team is Finkelstein & Partners. If you suffered a personal injury in New York, reach out to us and schedule your free consultation today.