Average Personal Injury Settlement Amounts In Nyc
A personal injury settlement depends on several factors, including how severe your injuries were, how responsible the other party was for causing your injuries, and what type of damages you suffered. While the typical personal injury settlement amount is $50,000 to $500,000, this is really just a rough guideline and can be highly variable.
It is also important to note that an average settlement calculator isnt always accurate because it fails to account for all the variables that determine settlement value in a car accident or other personal injury case. If you or a loved one were injured in an accident, you should evaluate your options and speak with a profound and proven personal injury attorney before taking any action.
When the injuries are catastrophic or involve an egregious level of negligence of the at-fault party, extraordinary damages may be expected. Settlements could reach up to a million dollars or more in these cases. A committed and capable NYC personal injury attorney can help you navigate your claim through the justice system and ensure you receive a fair compensation.
What If The Defendant Cant Pay
Remember when we said the contributing factors? Well, this is one of them. Exactly how much the defendant will be able to pay is a very large contributor. For instance, lets assume the accident was severe, resulting in significant medical bills. What happens when the insurance company of the defendant caps out at $100,000 and the defendant only has assets equaling about $20,000? Even if you have a case that would normally elicit an average settlement of $150,000, you would have very little chance of recovering the full amount . In addition to the value of the case, how much the defendant can pay, is very much a deciding factor in any settlement.
Should I Hire A Lawyer To Calculate My Personal Injury Settlement Amount
Yes, hiring a personal injury lawyer significantly increases your chances of winning a claim. Multiple studies have shown that 91 percent of personal injury victims who decide to work with an attorney receive a payout. Additionally, having an attorney increases our chances of recovering the settlement amount by more than 60 percent.
An experienced personal injury attorney will consider all the factors discussed above, and many others depending on the circumstances of your case, to decide the final amount you’re entitled to as compensation. So why shouldn’t you calculate the settlement amount by yourself now that you know the factors to consider?
Here’s the answer.
It takes immense legal knowledge and resources to calculate the amount you can recover as compensation for your injury. Even if every factor discussed above applies to your case, it all narrows down to a game of numbers.
And not just any kind of numbers – these are figures that must comply with certain personal injury laws. So it’s not just a matter of being good at calculations. Any skilled mathematician would calculate what you’re entitled to as compensation if it was that easy.
That’s where the importance of working with an experienced personal injury lawyer comes in. Such an attorney will study your case, create a legal strategy to maximize your claim, and then pursue the other party to settle what they owe you.
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Example Of Pain And Suffering Settlement Where Personality Mattered Less
For example, I represented a motorcycle rider after a truck hit himin Miami-Dade County, Florida. After the accident, the motorcyclist got a free consultation with me.
Let Me Fight to Get You a Fair Settlement
In that case, and the insurance adjuster never got a chance to speak with the claimant. Thus, the adjuster did not get to size up my clients personality. He valued the case based on the medical records, bills, injury photos and other evidence.
On the other hand, if you sue, your personality has a greater effect on the case. I sued a supermarket in a slip and fall case.
During the lawsuit, the defense attorney took a 8 hour deposition of my client. Yes, 8 hours! The deposition was so long because my client did not speak English. We used an interpreter. My clients pleasant personality helped us get a $300,000 settlement.
What Affects The Outcome In Personal Injury Cases
When it comes to deciding whether to settle or go to trial in personal injury cases, there are a number of factors that both sides consider. These factors include:
- The severity of the injuries sustained
- The impact the injuries have on the plaintiffhow much the injuries interfere with daily life and work, for example
- Cost and duration of treatment and recovery from the injuries
- The emotional and psychological damage from the injuries
- The certainty of liabilityhow much debate is there as to whether the defendant is responsible?
- Cost of litigation itself
- The length of time litigation could take to get to a verdict
- Costs beyond litigationnewsworthiness, for example. What will the publicity around a case cost the defendant later in harm to reputation and business?
If a case goes all the way through to reach a verdict, some states actually have caps in place that limit how much a jury can award. Some limitations are placed only on parts of an award such as a cap on pain and suffering damages. In some instances, a jury will award a plaintiff millions of dollars only for the state law to reduce the amount to a fraction of what the jury decided.
You can be sure that if there are such laws in place in your state, your attorney and the lawyers on the other side will know about them.
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Why You Need An Attorney
While average slip-and-fall settlements are high, it can be tough to get the compensation you deserve without professional legal assistance. From gathering evidence to proving premises liability, an experienced personal injury attorney can make sure you take all the right steps toward being compensated.
At Pacific West Injury Law, we focus on helping slip-and-fall accident victims achieve a fair outcome. For more information, please contact us at any convenient time.
You Dont Pay Until We Win!
For a free legal consultation, call us today:
How Serious Are Your Injuries
As you might have guessed, the bigger your injuries, the more your case is worth.
Some other questions to ask do your injuries heal well, or are you left with scars? Do you have any lasting physical limitations? Did you have any broken bones? Surgeries? Is there physical evidence, such as MRIs, CT scans, or x-rays, that demonstrates the damage done? Also, what about future medical treatment? If youll need ongoing medical treatment or physical therapy, your case will be worth more.
Similarly, the severity of your disability or disfigurement affects the value of your case. If you are permanently disabled, then compensation for future damages is necessary. Also, scars are lifetime reminders of the tragic accident. You can be compensated for that.
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Factors That Can Affect Your Back Injury Settlement
In any personal injury case, the amount of the settlement is based on many factors. Some of these include:
- The severity of your injuries
- The cost of your medical bills
- The amount of lost wages
- The impact your injuries have had on your life
- The insurance policy limits of the at-fault driver
- The at-fault drivers assets
- The strength of your case
- The skill of your attorney
If you have been injured in a car accident, the best way to learn how much your case is worth is to speak with an experienced personal injury attorney.
Example Of Pain And Suffering Settlement
Doug was enjoying his vacation in Miami Beach, Florida. While he was walking across the street, a car hit him.
The pedestrian hired me to represent him. At first, GEICO offered just $14,780.15 to settle this case.
They were hardly offering anything for his pain and suffering.
Ultimately, I settled Dougs personal injury case for $65,000.
Medicare, AARP , Farmers Insurance paid most of his medical bills. Thus, he had to pay them back from the settlement.
The good news?
When it came time to pay them back from the total settlement, they all reduced their liens by my attorneys fees and costs.
Thus, the total out of pocket medical bills and liens were almost $8,000. Therefore, GEICO paid about $57,005 for the pain and suffering part of the pedestrians accident settlement.
After my attorney fees, costs and paying his out of pocket medical bills and liens back, Doug got $35,332 in his pocket.
The $65,000 settlement was about 8.1 times the final out of pocket medical bills and health insurance and Medpay liens.
Thus, the pain and suffering multiplier was about 8.1.
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% Of The Settlement Was For Pain And Suffering
As you can see, 90% of the settlement was for her pain and suffering:
When an insurance company makes a settlement offer, they do not factor in your attorney fees.
The rest of this $100,000 settlement paid for her out of pocket medical bills and health insurance lien.
After my attorneys fees, costs, and paying of Saras medical bills and health insurance liens, she got $56,504 in her pocket for her pain and suffering.
Her pain and suffering multiplier was a little under 10 times her final out of pocket medical bills and health insurance lien.
She was happy with her settlement.
What Are Recoverable Damages In Child Injury Claims
If you choose to file a lawsuit in connection with your childs injuries, your child may be entitled to receive compensation through a personal injury settlement. After careful review of the particular facts and circumstances, your attorney will be better able to assess the cases estimated value. Generally, recoverable damages in child accident claims include compensatory damages and punitive damages. Compensatory damages intend to make a victim whole and consist of two categories: Economic and Non-Economic Damages.
Economic Damages represent calculable financial losses that are identified with certainty. These include the following:
- Past and future medical expenses
- Your childs lost earning capacity and
- Property damage.
Your attorney proves economic damages through receipts, invoices, and other tangible evidence supporting financial loss.
Non-Economic Damages represent subjective and intangible losses that vary from case to case. Non-economic damages are more difficult to prove and include the following types of losses:
- Emotional distress
- Diminished quality of life and
Your personal injury attorney uses the testimony of medical experts and family members to support a finding of non-economic damages.
Punitive damages may be awarded when the at-fault party acted out of malice or in a grossly negligent manner. Punitive damages often exceed a compensatory damage award as they intend to punish the at-fault party and deter similar future conduct.
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Insurer Offers Zero For Pain And Suffering Claim Without A Lawyer
Here is another example of a pain and suffering settlement. Angela slipped and fell in the bathtub of a hotel in the Orlando area. She broke her arm.
At first, she tried to settle her claim without a lawyer. This is what she Angela said:
All I asked of the resort was to help with medical expenses, they refused.
Part of Angelas 5 star review of us on Google Maps
Basically, Angela did not have a lawyer and the hotel denied her pain and suffering claim. About twenty days after her fall, Angela completed the Free consultation form on my website.
Let Me Fight to Get You a Fair Settlement
I spoke with her on the very first call. We spoke for about one hour. Thereafter, she hired me as her lawyer.
Once I got involved, the resorts insurance company was still tough.
Their first offer was $12,500.
I fought hard for Angela. Fortunately, I found some evidence that I argued put the hotel on notice of a hazard before Angelas injury.
What Costs Are Associated With A Catastrophic Injury
When you or a loved one is injured, you can be entitled to compensation of the following costs:
- Emergency medical expenses expenses for short-term medical services.
- Continuous medical care this can include medications, medical appointments, physical therapy, and life-long medical support.
- Physical and occupational therapy both these therapies assist with personal injury recovery. For catastrophic injury victims, these therapies may last for many years.
- Counseling a catastrophic injury and its consequences can cause severe emotional and mental distress for the victim. Just like physical and occupational therapy, it may be long-lasting.
- Medical equipment since catastrophic injuries often lead to debilitating conditions, the victim may need medical equipment like wheelchairs, lifts, and hospital-type beds.
- Lost wages a catastrophic injury usually hinders the victims ability to work. If the person has to take time off work to recover, the expenses should be covered.
- Earning capacity the settlement should cover lost wages if the person is unable to perform the same type of work they did before the accident.
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Whats The Average Personal Injury Settlement
The average personal injury settlement is $3,000 to $75,000. Whats average depends on the circumstances of the case. In cases with minor injuries and financial losses, an average settlement is around $3,000. For cases with significant injuries, $75,000 is an average amount for a settlement. While some cases settle for millions of dollars, the average personal injury settlement amount is between a few thousand dollars and $75,000.
How To Settle With The Insurance Company
If you have suffered a back injury that has led to chronic pain, missed work, and mounting medical bills, you may be wondering how to get the best possible settlement from your insurance company. Here are a few tips to help you get started:
- Gather all of your medical records and documentation related to your injury. This will be crucial in proving the extent of your injuries and how they have affected your life.
- Document medical advice. Get a written statement from your doctor detailing your injuries and prognosis.
- Be prepared to negotiate. Insurance companies will often offer far too low of an initial settlement, so be prepared to counter with a fair figure that you are willing to accept.
- Dont be afraid to consult with a lawyer. If you feel like you are not getting a fair settlement offer, an experienced personal injury lawyer can help you get the compensation you deserve.
Here at Torgenson Law, we understand that this can be a frustrating and challenging time for you and your family. We put all of the legal resources at our disposal to work on your case because we care about your claim and will work tirelessly to provide the best settlement for your back injury settlement. Contact us today for a free consultation.
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How Much Money Can You Get For Pain And Suffering For A Brain Injury
Brain injuries can be valuable in terms of settlement value. You dont need to have a plate put in your skull to have chance at getting a big payout in a head injury case.
One key to increasing your chances of receiving a big pain and suffering settlement in a head injury case is if you get a brain MRI that has an abnormal finding. Abnormal means that your brain isnt normal.
On the MRI report, look for the word abnormal. If the radiologist says one or more of the following on the MRI report, it increases the full value of your pain and suffering:
- Abnormal constellation of finding involving both cerebral hemispheres along frontal lobe gray-white matter interfaces.
- The abnormal findings are in the common location for posttraumatic axonal shearing injury.
- The gray-white matter interface is commonly involved in shearing injury in trauma.
- Its likely or medically probable that the above findings may be areas of posttraumatic axonal shearing injury related to the accident.
Diffuse axonal injury is the shearing of the brains long connecting nerve fibers that happens when the brain is injured as it shifts and rotates inside the bony skull. It increases the value of your pain and suffering payout.
If your MRI report says that you had shearing due to trauma, this is good for your case. This means that the radiologist believes that the accident caused the shearing of your brains fibers.
What Is A Common Split Of A Settlement Between Client And Lawyer
A common split of pain and suffering damages is one-third for the lawyer, one-third for the medical providers, and one-third for the victim.
Your chances of getting over 50% of the settlement in your pocket are highest if you have health insurance. This is because you will likely have to repay your health insurance company much less than you would have to your medical providers if you dont have health insurance.
Some attorneys will reduce their fee so that the client receives more money than the attorney.
I know an attorney whose goal was for his client to get half of the total settlement. I have had many settlements where my client received over half the settlement in their pocket .
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Limitations On Filing A Personal Injury Action In Indiana
According to Indiana Code Title 34, Article 11, Chapter 2, Section 4, an action for injury to a person has a two-year filing limitation. If you wait until the latter part of that timeline, you will have a reduced chance of receiving a settlement recovery. Research takes time, and as it passes, it becomes more difficult to find and interview witnesses, gather incident reports, and develop a strong case.