If someone else’s carelessness injured you in New York, you may be eligible for financial compensation through a personal injury settlement. A settlement is an out-of-court agreement meant to cover the losses you suffered due to the accident.
Many people wonder what the average personal injury settlement is in New York. There’s no standard number that applies to all cases, but understanding what factors influence settlement amounts can help you get a sense of what to expect.
Our New York personal injury attorneys at Richmond Vona are ready to evaluate your circumstances and estimate the potential value of your case. Contact us online or call (716) 500-5678 to schedule your free, no-obligation consultation.
The Complexities of an "Average" Settlement in New York
The reality is that many factors will affect your final settlement amount, including the severity of your injuries and the economic impact of your other damages. Because these factors vary from case to case, personal injury settlement amounts also range widely.
It’s also important to distinguish between median and average personal injury settlement amounts. A median amount is simply the middle number on a simple list of settlement values. By contrast, an average or “mean” settlement amount is calculated by adding those values and dividing the sum by the total number of cases.
Unusually high or low settlements (“outliers”) can shift the average upward or downward, giving a skewed sense of what your settlement could look like. Including the median in your analysis can eliminate this bias, giving you a better idea of what “typical” personal injury case values look like.
Available Damages in New York Personal Injury Cases
Your personal injury settlement amount should reflect the total damages you suffered as a result of your injury, including both economic and non-economic damages:
- Economic damages are calculated based on receipts, bills, and other financial documents. They include past and future monetary losses caused by the accident (e.g., medical expenses, lost income, lowered earning capacity, and property damage).
- Non-economic damages are more subjective and compensate for the physical, emotional, and psychological harm you suffered due to the accident (e.g., pain and suffering, emotional distress, and loss of enjoyment of life).
Some settlements also include punitive damages. Unlike the compensatory damages listed above, these damages are meant to punish defendants for egregious misbehavior. Though awarded more rarely, punitive damages can significantly add the final value of your case.
Factors Affecting Settlement Amounts in New York
Important factors that can influence personal injury settlement amounts in New York include the severity of your injuries, their impact on your life, and the strength of the evidence available in your case. In all cases, it’s also essential that you file your case before the New York personal injury statute of limitations passes, as failure to do so will likely reduce your compensation to zero.
Injury Severity
Personal injuries range from minor to catastrophic, and their severity is often the most influential factor in settlement talks. Cases involving more serious injuries are also more likely to go to trial because they tend to involve larger amounts of money. Generally, settlements can range as follows:
- Minor Injuries – For cases involving minor injuries, such as soft tissue damage, sprains, or minor fractures, settlements typically range from $5,000 to $75,000.
- Moderate Injuries – Injuries that require more extensive medical treatment, such as surgeries, and result in longer recovery periods, often see settlements ranging from $75,000 to $200,000.
- Severe Injuries – Cases involving severe injuries like traumatic brain injuries, spinal cord injuries, or permanent disability can result in settlements ranging from $200,000 to $1,000,000 or more.
- Catastrophic Injuries – In cases where the injury results in permanent disability, disfigurement, or other life-altering conditions, settlements can exceed $1,000,000, sometimes reaching several million dollars.
These ranges are general estimates, and individual settlements may vary based on the specific details of each case. It’s important to consult with a personal injury attorney for a more accurate assessment based on the circumstances.
New York No-Fault Insurance and “Serious Injuries”
Importantly, mandatory no-fault insurance in New York pays for medical expenses and lost wages up to the $50,000 coverage minimum, regardless of who caused an accident. However, if you suffered more than $50,000 in economic losses or a “serious injury,” you can file an auto liability claim or personal injury lawsuit against the at-fault party. Among other things, serious injuries include wrongful death, significant disfigurement, and permanent loss or use of a body part.
Impact on Life and Ability to Work
Your injury’s physical and emotional impact on your life will also affect your settlement. For example, a broken arm may temporarily impact daily tasks like cooking and bathing, and victims may need to miss time at work. On the other hand, a severe spinal cord injury that leads to paralysis can eliminate your ability to work altogether, resulting in higher-value damages.
Medical Expenses and Lost Wages
The financial impact of medical treatment, lost wages, and lowered earning capacity are key factors when calculating economic damages. Even if your injuries are not considered “serious” under the law, you can still step out of New York’s no-fault insurance system if your “basic economic loss” exceeds $50,000. This allows you to file an auto liability claim or personal injury lawsuit against the at-fault party.
Pain and Suffering
Stepping out of the no-fault insurance system also allows you to recover compensation for pain and suffering. Though more difficult to calculate than economic damages, pain and suffering damages can significantly raise the value of your case. One way to help your attorney prove the full extent of your physical and psychological pain and suffering is by keeping a journal documenting the impact your injuries have on your daily life and well-being.
Strength of Evidence
You will need strong evidence to prove your financial losses and the extent and severity of your injuries. The stronger your evidence, the higher your settlement amount is likely to be.
This is particularly important in cases involving serious injuries since you need compelling medical evidence showing that they meet the legal definition under the no-fault insurance law. Other important evidence may include witness statements, police reports, photographs, video footage, and expert testimony.
Examples of New York Personal Injury Settlements
Having a skilled negotiator on your side can make a huge difference in the final settlement you receive. Our experienced personal injury attorneys are well-equipped to handle negotiations with insurance companies and advocate for your best interests. Below are some examples of the high-value case results we have secured for our clients:
$4.25 Million Motor Vehicle Accident Settlement
Our attorneys won $4.25 million for a tractor-trailer delivery driver who suffered extensive injuries that prevented him from returning to his job. He was only 46 years old and faces a lifetime of medical expenses and lost wages. Strong evidence and the severity of his injuries contributed to the final settlement.
$1.5 Million Mesothelioma Settlement
We won $1.5 million for the family of a mesothelioma victim who died due to asbestos exposure at Bethlehem Steel. While the case was complicated because his diagnosis came 50 years after initial exposure, our legal team gathered compelling evidence, including testimony from coworkers, to help us achieve this wrongful death settlement for his family.
$1.2 Million Motor Vehicle Accident Settlement
We won $1.2 million for the victim of a head-on motor vehicle accident that resulted in multiple broken bones and head lacerations. We gathered witness statements, onboard vehicle data, and expert testimony to prove the defendant’s liability. We refused the insurance company’s initial offer of $550,000 and ultimately doubled the settlement for our client.
$825,000 Motor Vehicle Accident Settlement
We achieved an $825,000 settlement for a client who suffered neck and back injuries in a motor vehicle crash that resulted in long-term pain. The insurance company made several lowball settlement offers, so we took the case to trial. Testimony from medical experts and family members explaining our client’s condition before and after the accident helped us secure a favorable settlement.
Richmond Vona Can Help You Evaluate Your Potential Settlement
Because each case is unique, it is difficult to predict and impossible to guarantee settlement outcomes. However, we can guarantee that we will give your case the full and undivided attention it deserves. Our skilled legal team has the skills and experience to thoroughly investigate your accident, gather all available evidence, and build a strong claim for compensation on your behalf.
If you or a loved one were injured due to another person’s carelessness, Richmond Vona is ready to help. Contact us online or call (716) 500-5678 to schedule a free consultation. We can ensure you know your rights and assess your potential settlement value at no cost to you.
