What Is Your Personal Injury Case Worth in New York City?
If you’ve been hurt in an accident in New York City, one of the first questions you’re probably asking is: how much is my case worth? It’s a fair question, and the honest answer is that it depends on a number of factors specific to your situation. Understanding what goes into that calculation can help you set realistic expectations as you move forward.
What Types of Damages Can Be Recovered?
In New York, personal injury cases generally involve two broad categories of damages: economic and non-economic. Economic damages are the more straightforward ones. They cover losses that come with a dollar amount attached, including past and future medical bills, lost wages while you are unable to work, and any reduction in your future earning capacity if your injuries have long-term effects on your ability to be employed as you were before the accident.
Non-economic damages are harder to quantify but can be even more significant. These cover pain and suffering, loss of enjoyment of life, and emotional distress caused by the accident and your injuries. Under New York’s Civil Practice Law and Rules (CPLR § 4111(e)), juries are required to separately itemize these categories of damages, which means each element of your case is considered and compensated on its own.
How Does Fault Affect What You Can Recover?
New York follows a “pure comparative negligence” rule under CPLR § 1411. This means that even if you were partially at fault for the accident, you may still be able to recover compensation. However, your recovery would be reduced in proportion to your share of the fault. For example, if you were found to be 20% responsible for an accident, any award you receive would be reduced by that same 20%. This is worth keeping in mind as you think about the circumstances of your accident.
What Makes One Case Worth More Than Another?
Several factors tend to influence the overall value of a personal injury claim in New York City:
- The severity and permanence of your injuries
- Your age
- Whether your injuries required surgery or ongoing medical treatment
- How your injuries have affected your ability to work and earn a living
- The strength of the evidence connecting the defendant’s conduct to your injuries
- The insurance coverage available from the at-fault party
Cases involving catastrophic or permanent injuries, such as spinal cord damage, traumatic brain injury, or injuries requiring long-term care, often carry much higher values because the costs and impact extend far into the future.
Find Out What Your Case May Be Worth
Every personal injury case is unique, and only a thorough review of the facts, evidence, and medical records can give you a realistic picture of what your claim may be worth. We encourage you to reach out to us at Jaroslawicz & Jaros, PLLC, to discuss your situation. Our New York City personal injury attorneys have been fighting for injured New Yorkers for more than 45 years and have recovered over $1 billion in verdicts and settlements. Contact us today for a free consultation.
Source:
nysenate.gov/legislation/laws/CVP/1411