Average Injury Settlement in New York

If you are hurt in an accident in New York, you might be unsure of what your legal rights are. Generally, if your injuries were caused by another person, you can file a personal injury lawsuit against them. You could recover financial compensation for your property damage, medical bills, lost wages, emotional distress, and other losses.

There is no such thing as an average personal injury settlement because each case is unique. However, an experienced Long Island personal injury attorney can often provide you with a ballpark estimate of the value of your case. This estimate is based on factors such as the seriousness of your injuries and whether liability is contested – as well as their own knowledge of similar cases.

Based in Melville, The Odierno Law Firm advocates for accident victims throughout Long Island. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a free consultation, contact our law offices today.

Types of Compensation in a Personal Injury Claim

In any personal injury case, the accident victim (plaintiff) may be entitled to financial compensation from the at-fault party (defendant). This compensation is referred to as damages.

There are three potential types of damages for a personal injury case: economic, non-economic, and punitive damages. Economic and non-economic damages compensate an injury victim for their losses, so they are considered compensatory damages. Punitive damages punish someone who acted intentionally or recklessly, like a drunk driver.

Economic damages cover all direct financial losses. They include money for things like property damage, lost wages, reduced earning capacity, medical bills, and future medical care. Economic damages can even pay for things like renovations to your home to make it accessible. 

Non-economic damages pay for intangible losses, which can be hard to measure – but are just as important as economic damages. Examples of non-economic damages include pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional trauma.

Insurance companies often use a formula to determine the number for non-economic damages. They assign a “multiplier” to the case based on how serious they think the accident was, and then multiply it by the amount of economic damages. While this formula is relatively easy to use, it often results in dramatically underpaying accident victims for their non-economic damages.

An experienced Long Island personal injury lawyer won’t simply add up your bills and then multiply them to come up with a number for non-economic damages. They will consult with experts and use their experience handling similar cases to develop a request for damages that truly addresses the harm that you suffered.

Punitive damages may be awarded in more unusual cases where the defendant acted intentionally or recklessly. Most personal injury cases are based on a theory of negligence or carelessness – like rear-end accidents caused by misjudging the distance between vehicles. If the defendant wasn’t just careless, then a jury may decide to penalize by awarding punitive damages.

Based on the facts of your specific case, you may be entitled to economic, non-economic, and/or punitive damages. Your Long Island personal injury attorney can offer you advice on the likelihood of recovering these types of damages for your case – and give you an estimate of the value of your claim.

Factors That Affect the Value of a Personal Injury Settlement

Each personal injury case is unique, which means that there isn’t an average settlement for a New York injury claim. The value of each claim is based on factors such as:

• Who caused the accident;
• If liability is clear;
• If the accident victim is partially at fault (comparative negligence);
• If the plaintiff is permanently disabled and/or seriously injured;
• The cost of necessary medical care;
• If future medical treatment is necessary;
• How long the plaintiff was unable to work and whether they have any restrictions upon their return to work;
• The amount of any property damage; and
• The defendant’s insurance policy limits.

For example, consider a case where a person slipped and fell on an icy sidewalk outside of a business. They broke their wrist in the fall, but should fully recover once the cast has been removed. However, they work in a physically demanding job, so they won’t be able to work for 6 to 8 weeks – and might have restrictions even once the cast has been removed. In this case, their settlement might be higher because their injury affects their ability to work.

If that same person had hit their head in the fall and suffered a traumatic brain injury that left them permanently disabled, then their settlement would likely be much higher. They will likely have significant medical expenses plus a need for ongoing care in the future. Their ability to work may also be impacted – not just for a few months, but for the rest of their lives. This will likely lead to a much higher settlement.

The best way to determine the value of your case is to schedule a free consultation with a Long Island personal injury lawyer. During this appointment, you will get a chance to tell your story. Your attorney will then give you an estimate of the value of your case and options for pursuing a claim.  

At The Odierno Law Firm, we have a track record of success. Our results include:

• $1.6 million for a fall that resulted in pelvis, back, neck, and leg injuries
• $1.5 million for a commercial truck accident that caused spinal cord injuries
• $725,000 trial verdict for an intentional physical assault
• $600,000 verdict at trial for a pedestrian accident
• $555,000 settlement for a bicycle accident
• $350,000 verdict at trial for a motorcycle crash

If you have been hurt in any type of accident, our law firm can help you get the compensation that you deserve for your injuries. In Suffolk and Nassau Counties, reach out to our law office to schedule a no-cost, no-obligation consultation.

How Our Law Firm Can Help

After an accident, you may be under a lot of physical, financial, and emotional strain. Filing a lawsuit won’t necessarily make you whole again, but it can help you get the financial compensation that you deserve. Our team of dedicated attorneys will work with you to help you get a fair settlement for your injuries.

The Odierno Law Firm represents accident victims throughout Long Island. We will fight to help you get maximum compensation for your injuries. To learn more or to schedule an appointment with a Long Island personal injury attorney, give our law office a call at 631-752-8580 or fill out our online contact form.

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