If you’re a resident of New York who was injured due to the negligence of another party, you may wonder how much your personal injury case is worth. Our experienced attorneys explain the different types of damages available, the factors that impact the value of your case, and why it’s essential to seek legal counsel before settling your claim here.
What Factors Affect the Value of Your Personal Injury Case?
1. Damage Caps
In some states, there are statutory limits or caps on how much money a person can receive in a personal injury case. Fortunately, New York doesn’t impose damage caps. This means your settlement or jury verdict isn’t subject to reduction based on statutory limits, so you could potentially recover the total value of your damages.
2. Contributory Negligence
New York operates under a pure comparative negligence system. This means if you share a percentage of fault for the accident that caused your injuries, your compensation will be reduced by that percentage. For example, if you’re 20% responsible and your damages amount to $100,000, your award would be $80,000.
3. The Severity of Injuries and Permanent Impairments
The more severe your injuries, the higher the value of your personal injury claim. Catastrophic injuries and permanent impairments generally result in higher damage awards. These injuries can require lifelong medical care and support. They can also significantly impact the victim's quality of life — the more severe and long-lasting the injuries, the greater the potential compensation.
4. Whether You Go To Trial
The decision to go to trial or accept a settlement offer can also affect the value of your personal injury case. Juries can be unpredictable, and there’s always a level of uncertainty associated with litigation. While you may have a strong chance, there's no guarantee the jury will award the full amount you're seeking. Sometimes, accepting a slowly lower settlement may be more prudent than risking an unfavorable jury verdict.
Remember, every personal injury case is unique, and the information provided in this article is for information purposes only. It’s not legal advice. Consult with our New York attorneys to understand how the law applies to your situation.
What Factors Affect the Value of Your Personal Injury Case?
1. Damage Caps
In some states, there are statutory limits or caps on how much money a person can receive in a personal injury case. Fortunately, New York doesn’t impose damage caps. This means your settlement or jury verdict isn’t subject to reduction based on statutory limits, so you could potentially recover the total value of your damages.
2. Contributory Negligence
New York operates under a pure comparative negligence system. This means if you share a percentage of fault for the accident that caused your injuries, your compensation will be reduced by that percentage. For example, if you’re 20% responsible and your damages amount to $100,000, your award would be $80,000.
3. The Severity of Injuries and Permanent Impairments
The more severe your injuries, the higher the value of your personal injury claim. Catastrophic injuries and permanent impairments generally result in higher damage awards. These injuries can require lifelong medical care and support. They can also significantly impact the victim's quality of life — the more severe and long-lasting the injuries, the greater the potential compensation.
4. Whether You Go To Trial
The decision to go to trial or accept a settlement offer can also affect the value of your personal injury case. Juries can be unpredictable, and there’s always a level of uncertainty associated with litigation. While you may have a strong chance, there's no guarantee the jury will award the full amount you're seeking. Sometimes, accepting a slowly lower settlement may be more prudent than risking an unfavorable jury verdict.
Remember, every personal injury case is unique, and the information provided in this article is for information purposes only. It’s not legal advice. Consult with our New York attorneys to understand how the law applies to your situation.
What Types of Damages Are Awarded for Personal Injury Cases in New York?
Damages are typically divided into three categories: economic, non-economic, and punitive.
Economic Damages
Economic damages are intended to compensate the victim for the financial losses they’ve suffered due to the accident. These damages can be easily calculated by determining the actual cost of the expenses incurred. Examples of economic damages include
- Medical bills
- Lost wages
- The cost of nursing or personal care
- Travel expenses for medical appointments
- The cost of physical, occupational, and vocational therapies
In cases where the victim has sustained a permanent injury, they may also be entitled to future economic damages. Future monetary damages account for the long-term impact of the injury on the victim’s earning potential, the need for ongoing medical or nursing care, and any other related expenses. Expert witnesses are often involved in valuing future economic damages.
Non-Economic Damages
Non-economic damages are more challenging to calculate as they represent the victim's intangible losses and emotional impact. These damages are subjective and tend to vary from case to case. A few examples of non-economic injuries include, but aren't limited to, the following
- Emotional distress
- Physical discomfort
- Mental anguish
- Scarring and disfigurement
- Disabilities and impairments
- Loss of quality and enjoyment of life
While New York doesn’t have a standard formula for calculating non-economic damages, a common method used by insurance companies and courts is the multiplier method. This involves multiplying the amount of economic damages by a number between 1.5 and five, depending on the severity of the injuries and other factors.
Punitive Damages
Punitive damages serve a different purpose than economic and non-economic damages. Unlike compensatory damages, which aim to reimburse the victim, punitive damages punish the at-fault party for their egregious behavior. These damages are only awarded in cases where the defendant's actions demonstrate gross negligence or willful misconduct.
The purpose of punitive damages is to deter the defendant and others from engaging in similar behavior in the future.
What Types of Damages Are Awarded for Personal Injury Cases in New York?
Damages are typically divided into three categories: economic, non-economic, and punitive.
Economic Damages
Economic damages are intended to compensate the victim for the financial losses they’ve suffered due to the accident. These damages can be easily calculated by determining the actual cost of the expenses incurred. Examples of economic damages include
- Medical bills
- Lost wages
- The cost of nursing or personal care
- Travel expenses for medical appointments
- The cost of physical, occupational, and vocational therapies
In cases where the victim has sustained a permanent injury, they may also be entitled to future economic damages. Future monetary damages account for the long-term impact of the injury on the victim’s earning potential, the need for ongoing medical or nursing care, and any other related expenses. Expert witnesses are often involved in valuing future economic damages.
Non-Economic Damages
Non-economic damages are more challenging to calculate as they represent the victim's intangible losses and emotional impact. These damages are subjective and tend to vary from case to case. A few examples of non-economic injuries include, but aren't limited to, the following
- Emotional distress
- Physical discomfort
- Mental anguish
- Scarring and disfigurement
- Disabilities and impairments
- Loss of quality and enjoyment of life
While New York doesn’t have a standard formula for calculating non-economic damages, a common method used by insurance companies and courts is the multiplier method. This involves multiplying the amount of economic damages by a number between 1.5 and five, depending on the severity of the injuries and other factors.
Punitive Damages
Punitive damages serve a different purpose than economic and non-economic damages. Unlike compensatory damages, which aim to reimburse the victim, punitive damages punish the at-fault party for their egregious behavior. These damages are only awarded in cases where the defendant's actions demonstrate gross negligence or willful misconduct.
The purpose of punitive damages is to deter the defendant and others from engaging in similar behavior in the future.
Personal Injury FAQs
How Long Do I Have to File a Personal Injury Claim in New York?
The deadline for filing a personal injury claim in New York depends on the type of case. In most cases, including car accidents and slip and fall accidents, you have three years from the accident date to file a lawsuit. However, exceptions and variations apply.
How Long Do Personal Injury Cases Usually Take?
Personal injury cases can take a few months to several years to resolve. The type of case, the severity of the injuries, and how the parties cooperate all affect the timeline. Your lawyer can give you a better idea of how long your case will take.
Personal Injury FAQs
How Long Do I Have to File a Personal Injury Claim in New York?
The deadline for filing a personal injury claim in New York depends on the type of case. In most cases, including car accidents and slip and fall accidents, you have three years from the accident date to file a lawsuit. However, exceptions and variations apply.
How Long Do Personal Injury Cases Usually Take?
Personal injury cases can take a few months to several years to resolve. The type of case, the severity of the injuries, and how the parties cooperate all affect the timeline. Your lawyer can give you a better idea of how long your case will take.
Contact Field Law Group to Learn More!
It's important to remember that every personal injury case is unique, and previous cases' outcomes don't guarantee a specific value for your claim.
If you’re seeking legal representation, contact Field Law Group, one of New York’s most reputable personal injury firms. Our experienced attorneys can provide guidance, evaluate the worth of your case, and fight for the compensation you deserve.
Don’t delay; call 844-446-9529 to schedule a FREE consultation today!
Contact Field Law Group to Learn More!
It's important to remember that every personal injury case is unique, and previous cases' outcomes don't guarantee a specific value for your claim.
If you’re seeking legal representation, contact Field Law Group, one of New York’s most reputable personal injury firms. Our experienced attorneys can provide guidance, evaluate the worth of your case, and fight for the compensation you deserve.
Don’t delay; call 844-446-9529 to schedule a FREE consultation today!
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
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Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania
Field Law Group, P.C.
17 State Street, 40th Floor
New York, New York 10004
This website contains attorney advertising. Prior results do not guarantee a similar outcome, see Disclaimer.
Designed by PostcardMania