What Is the Average Personal Injury Settlement in New York? | Behind the Numbers
When an accident happens, the injured victim may start to panic and worry about the bills and whether or not they can afford treatment. Before they consider pursuing legal action, the affected party may be wondering what the average personal injury settlement in New York is. The Law Office of Carl Maltese is here to help.
The experienced personal injury attorneys at The Law Office of Carl Maltese can help the injured victim understand the New York law and how it may impact their personal injury settlement. They can help answer questions like What is the statute of limitations in New York for personal injury?
Those who have suffered injuries due to another's negligence should reach out to them to learn more about their legal rights.
New York No-fault Law Can Affect Car Accident Settlements
New York is one of the few states that follow the no-fault system, where the injured victim must file a personal injury claim with their own insurance company to recover the damages from a car accident, regardless of who is at fault.
However, under the law, the insurance company must pay up to $50,000 to cover the affected party's medical bills and other economic losses. It does not compensate the injured victim for the pain and suffering damages.
The injured victims who suffer from serious injuries, including partial or permanent disabilities, can bypass the no-fault law in New York and pursue a personal injury claim or lawsuit against the negligent party.
What Is the Average Personal Injury Settlement in New York?
There is no way to determine the average car accident settlement or personal injury compensation, as most out-of-court settlements are confidential.
Even if the data were available to calculate the average personal injury settlement, it wouldn't help the injured victim much, as every case is unique, and there are several factors that may affect how much the affected party may receive.
Factors That Affect New York Car Accident Settlement Amount
There are several factors that can influence the settlement amount following a car accident in New York, some of which include the following:
The Degree of Fault
Despite New York's no-fault system, the state law also follows the pure comparative rule, where the degree of fault can affect the injured victim's settlement amount. An attorney can help build a strong case to ensure maximum compensation.
The Severity of the Injuries
The severity of the injuries can have an impact on car accident settlements. A brain injury victim, for example, may receive more money due to the damages incurred than a driver suffering from a wrist injury.
Car accidents can lead to severe injuries, which is why the injured person must seek medical attention immediately. Depending on the severity of the injuries, the doctors may recommend surgery, medication, therapy, and rehabilitation.
After properly assessing the medical expenses incurred, the injured victim must negotiate a fair settlement with the negligent party's insurance company.
A car accident could prevent the injured victim from resuming work. Depending on the severity of the injuries, it could be days, weeks, or even months before the affected party can return to work.
The more days an injured victim remains away from work, the greater the personal injury settlement amount.
Pain and Suffering
Pain and suffering may vary from one individual to another. The greater the suffering, the higher the compensation an injured victim can negotiate.
It's crucial for the affected party to reach out to an experienced personal injury lawyer on Long Island to help assess and evaluate the compensatory damages to ensure they receive a fair car accident settlement.
Insurance Policy Limits
Whether the victim suffers from brain damage or other physical injuries, they can only recover compensation up to the negligent party's insurance policy limits.
There may be an option to pursue a lawsuit against the at-fault driver, but it can be challenging, and they may not have the assets to cover the losses incurred.
An experienced New York car accident lawyer can assess the at-fault driver's policy limits and review the injured victim's insurance policy to determine other avenues to make the affected party "whole" again.
The Attorney's Experience
Having an experienced personal injury lawyer can improve the victim's chances of receiving a fair car accident settlement offer. The attorney's experience and knowledge can help the affected party avoid the pitfalls during the claim process.
Statute of Limitations
Although the other factors mentioned above can significantly affect the value of a personal injury settlement, the injured party cannot recover any compensatory damages if they pursue legal action after the expiration of the statute of limitations.
A skilled attorney can assess the facts surrounding the case and determine the time left for the injured victim to pursue legal action.
Examples of Personal Injury Settlements and Verdicts in New York City
Whether it's personal injury lawsuits or insurance claims, the experienced personal injury attorneys at The Law Office of Carl Maltese have helped recover more than $150 million in settlements and verdicts in New York City.
To help the affected parties get an idea of the amount they can recover in a claim or lawsuit, here are some of the case results:
$1.1 Million Drunk Driver Car Accident
Car accidents can be devastating, and one of the clients who approached The Law Office of Carl Maltese was suffering from aggravated pre-existing injuries after getting hit by a drunk driver.
The insurance company denied his claim, arguing that the surgeries were not related to the claimant's accident. When The Law Office of Carl Maltese took the case, the insurance company settled after the client's deposition by offering $1,135,000.
$2,000,000 Work-related Accident
A worker suffered aggravated pre-existing injuries and back injuries while working and reached out to the skilled personal injury lawyers at The Law Office of Carl Maltese after the insurance company rejected his claim.
After the legal experts at The Law Office of Carl Maltese filed a lawsuit, the insurance company settled the personal injury case for $2 million.
$10,000,000 Car Accident
When a driver with no license ran a red light, they hit a woman who had the right of way, causing catastrophic injuries. The accident left the injured victim in a vegetative state, prompting her family members to reach out to a reputable car accident law firm.
After the personal injury lawyers at The Law Office of Carl Maltese took on the case, they negotiated a $10 million settlement with the insurance company.
The Law Office of Carl Maltese Can Protect the Injured Victim's Rights in New York
Those who have suffered injuries in Long Island, New York, should call to schedule a free consultation with the skilled personal injury attorney at The Law Office of Carl Maltese, as they may be eligible for compensation.
Whether it is a slip and fall accident or car accident victims, the attorneys at The Law Office of Carl Maltese have extensive experience in serious injury and wrongful death lawsuits. They can help pursue an insurance claim on behalf of the injured victim and ensure they receive a fair settlement.