June 15, 2024

Compensation For Personal Injury in New York: Understanding Your Legal Options

The statistics show that only 5% of personal injury cases go to trial; most are settled before the court. Seeking compensation after an accident is crucial. It allows victims to hold those responsible accountable for their actions and helps prevent similar incidents from occurring in the future. 

Individuals can receive monetary support for medical expenses, lost wages, rehabilitation costs, and other damages incurred due to the incident by pursuing personal injury compensation. The legal process for claiming personal injury compensation can be complex. That’s why consulting with experienced personal injury lawyers or attorneys who specialize in this field is essential. 

So if you’ve been injured due to someone else’s negligence, don’t suffer silently. Seek the compensation you deserve, and let justice prevail. Accidents happen, but it doesn’t mean you have to bear the burden alone.

Understanding Types of Compensation for Personal Injury

Different types of compensation available in personal injury cases

When you’ve been injured due to someone else’s negligence, it’s important to understand the different types of compensation that may be available to you. In a personal injury case, various forms of compensation can help you recover from your losses and get back on your feet.

One type of compensation is economic damages. These are the tangible financial losses you have incurred due to your injury. Economic damages can include medical expenses, such as hospital bills, doctor visits, medication costs, rehabilitation fees, and even future medical treatments. It also encompasses lost wages or income if your injury has prevented you from working or caused a decrease in earning capacity. Economic damages may cover property damage if your belongings were damaged or destroyed in the accident.

On the other hand, non-economic damages refer to intangible losses that are more difficult to quantify but equally significant. These damages compensate for the pain and suffering you have endured due to the injury. They consider physical pain, emotional distress, mental anguish, loss of enjoyment of life, and even loss of consortium (the impact on relationships with family members).

Examples of specific types of compensation

To better understand how different types of compensation work in personal injury cases, let’s delve into some specific examples:

  • Medical Expenses: This includes all costs associated with medical treatment related to your injury. It covers hospital stays, surgeries, diagnostic tests (such as X-rays or MRIs), prescription medications, physical therapy sessions, and necessary assistive devices like crutches or wheelchairs.
  • Lost Wages: If your injury has forced you to miss work or reduced your ability to earn an income temporarily or permanently, you may be entitled to compensation for lost wages. This includes the actual days missed and any future earnings potential that has been affected by your injury.
  • Pain and Suffering: Non-economic damages can be awarded for the physical pain and emotional distress caused by the accident. This compensation acknowledges the impact on your quality of life, mental well-being, and ability to engage in activities you once enjoyed.
  • Property Damage: If your personal property was damaged or destroyed due to the incident, you may be eligible for reimbursement or replacement costs. This can include damage to your vehicle or any other impacted belongings in a car accident.
  • Punitive Damages: In some cases, punitive damages may be awarded if the responsible party’s actions were reckless or malicious. These are intended to punish the wrongdoer and deter others from engaging in similar behavior.

It’s essential to note that every personal injury case is unique, and the types of compensation available will depend on various factors such as jurisdiction, severity of injuries, and specific circumstances surrounding the incident. Consulting with an experienced personal injury attorney is crucial to ensure you fully understand your rights and pursue all available avenues for compensation.

Remember, seeking compensation isn’t about taking advantage or getting something for nothing; it’s about receiving fair recompense for the losses you have suffered due to someone else’s negligence.

How to Claim Compensation for Personal Injury in New York:

Steps in Filing a Personal Injury Claim

  1. Understand the process.

Filing a personal injury claim can be overwhelming, but knowing the steps can help you navigate it smoothly. The first step is to gather all relevant information about your injury and the incident that caused it.

  1. Seek medical attention.

Your health should always be your top priority. Make sure to seek immediate medical attention for your injuries. Not only will this ensure your well-being, but it will also provide important documentation of your injuries, which will strengthen your claim.

  1. Document everything.

It’s crucial to keep detailed records of your personal injury claim. This includes medical bills, receipts for any expenses incurred due to the injury (such as transportation costs or home modifications), and any correspondence with insurance companies or other parties involved.

  1. Consult with a personal injury lawyer.

While you can handle your claim independently, working with a knowledgeable personal injury lawyer can greatly increase your chances of receiving fair compensation. An experienced lawyer will guide you through the legal process, negotiate with insurance companies on your behalf, and ensure you receive the maximum compensation possible. Let us at Greenstein & Milbauer, LLP help you get the compensation and justice you deserve. 

  1. File a formal complaint.

Once you’ve gathered all necessary evidence and consulted with an attorney, you must file a formal complaint against the responsible party or parties. This typically involves submitting legal documents outlining the details of your case and stating the compensation you seek.

  1. Negotiate or go to court

After filing a complaint, there may be negotiations between both parties to reach a settlement agreement without going to court. However, if an agreement cannot be reached, your case may proceed to trial, where a judge or jury will decide on the appropriate compensation.

Gathering Evidence to Support Your Claim

  • Medical records: Collect all medical records related to your injury, including doctor’s notes, test results, and treatment plans. These documents will provide evidence of the extent and impact of your injuries.
  • Witness statements: If there were witnesses to the incident that caused your injury, obtain their contact information and ask them to provide a written statement describing what they saw. Witness testimony can be valuable in supporting your claim.
  • Photographs and videos: Take pictures or record videos of the accident scene, any visible injuries, property damage, or hazardous conditions that contributed to your injury. Visual evidence can be compelling in demonstrating the severity of the situation.
  • Police report: If law enforcement was involved in documenting the incident, obtain a copy of the police report. This report may contain important details about the circumstances surrounding your injury.

Working with a Personal Injury Lawyer to Navigate the Process

Having a personal injury lawyer by your side can significantly alleviate the stress of filing a claim. 

Here’s how we can help:

  • Legal expertise: Greenstein & Milbauer, LLP specializes in this area of law and has extensive knowledge of relevant statutes, regulations, and case precedents. We’ll use our expertise to build a strong case on your behalf.
  • Negotiation skills: Insurance companies often try to settle for less than you deserve. We’ll help you negotiate with insurance adjusters to ensure you receive fair compensation for your injuries.
  • Case management: We’ll handle all aspects of your case, including paperwork, deadlines, and communication with other parties involved. This allows you to focus on recovering from your injuries while knowing your legal matters are handled.
  • Trial representation: We’ll use our advocacy skills to fight for maximum compensation.

Remember that every personal injury claim is unique, so it’s essential to consult with an attorney who can assess the specific details of your case and provide personalized guidance. By following these steps and working with a skilled attorney, you can increase your chances of successfully claiming the compensation you deserve for your injury.

Factors Affecting the Amount of Personal Injury Compensation:

Impact of Severity and Extent of Injuries on Compensation Amount

The severity and extent of injuries are crucial in determining the compensation awarded in personal injury cases. The more severe and extensive the injuries are, the higher the potential compensation amount

This is because severe injuries often result in significant physical pain, emotional distress, and financial burden for the victim.

In minor injuries, such as bruises or sprains, the compensation amount may be relatively lower compared to cases involving catastrophic injuries like spinal cord damage or traumatic brain injury. 

Severe injuries can have long-lasting effects on a person’s life, limiting their ability to work, engage in daily activities, or enjoy life as before.

Furthermore, medical expenses associated with treating severe injuries are usually higher. Surgeries, ongoing rehabilitation therapies, medications, assistive devices, and other necessary treatments can quickly accumulate substantial costs. 

When calculating compensation amounts, these expenses are considered along with any future medical needs that may arise due to the injury.

Role of Liability and Negligence in Determining Compensation

Liability and negligence are crucial factors considered when determining personal injury compensation. If someone else’s negligent actions caused your injury—for example, a car accident caused by a distracted driver—establishing liability becomes essential for seeking fair compensation.

In personal injury cases involving multiple parties at fault (such as car accidents with multiple drivers), each party’s degree of fault is assessed to determine their share of liability. In some jurisdictions that follow comparative negligence laws, if you were partially responsible for your injury (e.g., not wearing a seatbelt during a car accident), it could affect your overall compensation amount.

Insurance companies also consider negligence when assessing claims. If you were partly responsible for your injury due to contributory negligence (e.g., texting while driving during an accident), it might impact your compensation amount.

Influence of Pre-Existing Conditions on the Final Settlement

Pre-existing conditions can complicate personal injury claims and influence the final settlement. If you had a pre-existing condition worsened or exacerbated by the accident or incident in question, it might be challenging to establish a direct link between your current injuries and the accident. Insurance companies may argue that your pre-existing condition is responsible for some or all of your symptoms.

However, it’s important to note that even if you have a pre-existing condition, you still have the right to seek compensation for any aggravation or worsening caused by the accident. The key is to provide sufficient medical evidence and expert testimony to demonstrate how the accident directly contributed to exacerbating your pre-existing condition.

In such cases, determining compensation amounts becomes more complex, requiring careful assessment of medical records, expert opinions, and other relevant evidence. It may involve negotiations between your legal representation and insurance companies to ensure fair compensation, considering your pre-existing condition and new injuries.

Seeking Fair Compensation: Determining What is Reasonable

It’s important to understand how the value of your claim is determined. By documenting all losses and expenses related to your injury and employing effective negotiating tactics, you can increase your chances of receiving a fair settlement offer.

Factors to Consider When Determining Fair Compensation For An Injury

Determining fair compensation involves evaluating various factors that contribute to the overall impact of the injury on your life. These factors include:

  • Medical Expenses: The cost of medical treatment, including hospital bills, surgeries, medications, therapy sessions, and ongoing care required as a result of the injury.
  • Lost Wages: Any income lost due to missed work days or reduced earning capacity caused by the injury.
  • Pain and Suffering: The physical pain and emotional distress experienced directly from the injury.
  • Property Damage: If any personal property was damaged or destroyed during the incident leading to your injury, such as a vehicle in a car accident.
  • Loss of Consortium: Compensation for loss of companionship or support from a spouse or family member due to your injuries.

It’s important to note that each case is unique, and compensation amounts can vary based on individual circumstances and applicable laws in different states. To determine what is reasonable in your particular situation, contact us today. 

Importance of Documenting All Losses and Expenses Related to the Injury

It’s essential to document all losses and expenses incurred directly from the incident to ensure you receive fair compensation for your personal injury claim. This documentation is evidence when negotiating with insurance companies or presenting your case before a jury or court.

Here are some key steps to follow when documenting your losses:

  • Keep Detailed Records: Maintain a record of all medical expenses, including bills, receipts, and invoices. Document any property damage costs, such as repair estimates or replacement receipts.
  • Track Lost Wages: Keep track of the days you missed work due to your injury and calculate the income you would have earned during that time. If your earning capacity has been permanently affected, consult an attorney to determine how to account for future lost wages.
  • Document Pain and Suffering: Describe in detail how the injury has impacted your daily life, including physical pain endured and emotional distress experienced. This can help demonstrate the non-economic damages you have suffered.

Negotiating Tactics to Ensure a Reasonable Settlement Offer

Employing effective tactics can make a significant difference in the outcome. Here are some strategies to consider:

  • Know Your Claim’s Value: Thoroughly assess all aspects of your case with the help of an experienced personal injury attorney who can accurately evaluate its worth based on similar cases and relevant laws.
  • Build a Strong Case: Gather all necessary evidence to support your claim, including medical records, witness statements, accident reports, and photographs, if applicable.
  • Present a Demand Letter: Draft a demand letter outlining your injuries, damages incurred, and proposed compensation amount based on supporting evidence.
  • Engage in Skilled Negotiation: During negotiations with insurance companies or responsible parties’ attorneys, remain firm but open to reasonable offers while emphasizing the strength of your case.
  • Consider Mediation or Alternative Dispute Resolution: If initial negotiations do not yield satisfactory results, explore options like mediation or arbitration to reach a fair settlement without going to court.
  • Prepare for Litigation: If all negotiation attempts fail, be prepared to take your case to court. Your attorney will guide you through the litigation process, presenting your case before a judge and jury.

Remember that negotiating for fair compensation can be complex, and having an experienced personal injury attorney by your side can significantly improve your chances of achieving a reasonable settlement offer.

Special Compensatory Damages in Personal Injury Cases

In personal injury cases, compensatory damages are awarded to the injured plaintiff to provide financial compensation for their harm. These damages can be divided into two main categories: general and special damages.

Understanding Special Compensatory Damages

Special compensatory damages refer to the monetary losses an injured plaintiff has incurred due to their injury. Unlike general damages, which aim to compensate for non-monetary losses such as pain and suffering or emotional distress, special damages are quantifiable and measurable expenses that can be easily calculated.

Examples of special compensatory damages include medical expenses, lost wages, property damage, and rehabilitation costs. Let’s delve deeper into each of these categories:

  • Medical Expenses: Special compensatory damages often cover medical bills for treating injuries sustained in the accident or incident. This includes hospital stays, surgeries, medications, physical therapy sessions, and other necessary medical procedures.
  • Lost Wages: If the injured plaintiff cannot work due to their injuries, they may be entitled to compensation for lost wages during their recovery period. This includes past and future income loss from their inability to perform job-related tasks.
  • Property Damage: In cases where personal property is damaged or destroyed as a result of someone else’s negligence or intentional actions, special compensatory damages may be awarded to cover repair or replacement costs.
  • Rehabilitation Costs: Depending on the severity of the injury sustained by the plaintiff, they may require ongoing rehabilitation services such as physical or occupational therapy. These expenses can also be included in special compensatory damages.

Difference between Special Damages and General Damages

While both compensatory damages aim to provide financial relief to the injured party, there are distinct differences between special and general damages in personal injury cases. Special compensatory damages are specific and quantifiable losses that can be easily calculated based on actual expenses incurred by the plaintiff. 

On the other hand, general damages are more subjective and cover non-monetary losses such as pain and suffering, emotional distress, loss of enjoyment of life, or loss of consortium (the loss of companionship or intimacy with a spouse).

The injured plaintiff must provide evidence supporting their claim to be eligible for special compensatory damages. This may include medical records, bills, pay stubs, expert testimony from healthcare professionals or economists, and any other relevant documentation demonstrating their injuries’ financial impact.

Factors Influencing Eligibility for Special Compensatory Damages

Several factors come into play when determining eligibility for special compensatory damages in personal injury cases. These factors can vary depending on the jurisdiction and specific circumstances surrounding each case. Here are some common considerations:

  • Fault: In most personal injury cases, it is necessary to establish that someone else’s negligence or intentional actions caused the plaintiff’s injuries. The injured party must demonstrate that they were not at fault or only partially for the incident.
  • Statute of Limitations: Each jurisdiction has a specific time limit within which a lawsuit must be filed after an injury occurs. Failure to file within this timeframe may result in losing the right to seek compensation.
  • Strong Case: Building a strong case requires gathering compelling evidence such as accident reports, witness statements, photographs or videos of the scene, medical records, and any other relevant documentation that supports your claim.
  • Tort Reform: Some jurisdictions have implemented laws that cap or limit certain compensatory damages to reduce excessive payouts in personal injury cases.

It is important to consult a qualified personal injury attorney who can guide you through the legal process and help determine whether you have a strong case for special compensatory damages.

Exploring Different Types of Damages in Personal Injury Compensation

Economic Damages: Counting the Costs

Economic damages refer to the financial losses incurred due to a personal injury. These damages are quantifiable and can be easily calculated based on actual expenses. 

Examples of economic damages include medical bills, property damage, lost wages, and rehabilitation costs. Economic damages are crucial in ensuring victims are adequately reimbursed for their financial hardships. 

Specific types of economic damages:

  • Medical Bills: Personal injuries often require medical attention, leading to hefty medical bills. This includes hospital stays, surgeries, medication costs, physical therapy sessions, and other necessary treatments.
  • Property Damage: In some cases, personal injuries may also damage property. For instance, if you were involved in a car accident and your vehicle was damaged due to someone else’s negligence, you may be entitled to compensation for the repair or replacement costs.
  • Lost Wages: When injuries prevent individuals from working temporarily or permanently, they may experience a loss of income. Compensation for lost wages aims to cover the earnings that would have been received during recovery or inability to work.
  • Rehabilitation Costs: Depending on the severity of the injury sustained, victims may require ongoing rehabilitation services such as physiotherapy or occupational therapy. These costs can add up over time and should be considered when seeking compensation.

Non-Economic Damages: Beyond Monetary Value

Non-economic damages compensate individuals for losses that cannot be easily quantified in monetary terms but still significantly impact their lives. These damages focus on compensating for pain and suffering, emotional distress, loss of companionship or consortium (in case of wrongful death), and diminished quality of life. While non-economic damages may not have a specific dollar value, they acknowledge the intangible losses experienced by personal injury victims. 

Here are some key types of non-economic damages:

  • Pain and Suffering: Personal injuries can cause physical pain and emotional distress, impacting an individual’s overall well-being. Compensation for pain and suffering aims to address the anguish endured due to the injury, considering factors such as the severity of pain, duration of suffering, and long-term effects.
  • Emotional Distress: Beyond physical injuries, accidents can also lead to significant psychological trauma. Emotional distress damages consider the mental anguish experienced by victims, including anxiety, depression, fear, sleep disturbances, and post-traumatic stress disorder (PTSD).
  • Loss of Companionship or Consortium: In cases where a personal injury results in wrongful death or permanent disability, close family members may be entitled to compensation for the loss of companionship or consortium. This type of damage recognizes the emotional support and affection lost due to the injury.
  • Diminished Quality of Life: Personal injuries can impact one’s ability to enjoy life fully. Compensation for diminished quality of life considers any limitations imposed on daily activities or hobbies due to the injury.

The Role of Insurance Coverage: Protecting Against Damages

Insurance coverage is vital in compensating for damages in personal injury cases. It provides financial protection for plaintiffs seeking compensation and defendants who may be liable for the damages caused.

Insurance policies such as auto or homeowner’s insurance often come into play. These policies typically cover medical bills and property damage expenses up to certain limits outlined in the policy agreement.

Non-economic damages pose unique challenges. However, some insurance policies offer coverage for non-economic damages, such as personal injury protection (PIP) or medical payments coverage.

Calculating Settlements: Insights into Insurance Company Practices

How Insurance Companies Calculate Settlements in Personal Injury Cases

Insurance companies employ various methods to determine the appropriate settlement amount. These calculations consider several factors, including the severity of the injury, medical expenses, lost wages, pain and suffering, and any long-term consequences resulting from the incident.

Insurance companies typically begin by evaluating the injured party’s medical bills. They carefully review all treatment records and consider any ongoing or future medical needs. This assessment helps insurers gauge the extent of the injury and estimate the cost of necessary care.

In addition to medical expenses, insurance adjusters also consider other economic damages when calculating settlements. This may include compensation for lost wages due to time off work during recovery or reduced earning capacity caused by a permanent disability resulting from the injury.

Furthermore, non-economic damages such as pain and suffering are taken into account. Quantifying these subjective aspects can be challenging, but insurers often use formulas based on multiple economic damages or rely on predetermined guidelines to assign a value.

Insurance companies may also factor in any comparative negligence on behalf of the injured party. If it is determined that their actions contributed to their injuries somehow, this could affect the final settlement amount.

Common Tactics Used by Insurance Companies to Minimize Payouts

It is important to know that insurance companies have strategies to minimize their payout amounts in personal injury cases. By understanding these tactics, individuals can better navigate negotiations with insurers:

  • Low initial settlement offers: Insurers often start with low settlement offers, hoping that claimants will accept without further negotiation. It is crucial not to accept these initial offers without careful consideration since they are usually lower than what may be fair compensation.
  • Delaying tactics: Insurance companies may intentionally prolong the claims process to pressure claimants into accepting lower settlements. This can be frustrating for individuals seeking compensation, but it is important to remain patient and not rush into an agreement.
  • Disputing liability: Insurers may attempt to shift blame or question the extent of their policyholder’s responsibility in causing the injury. By disputing liability, they aim to reduce the amount they must pay.
  • Downplaying injuries: Insurance adjusters might downplay the severity of injuries or argue that they are unrelated to the incident in question. They may request additional medical examinations or consultations with their own selected physicians to challenge the validity of claims.
  • Using recorded statements against claimants: Insurance companies often request statements from claimants shortly after an accident when emotions are high, and details may be hazy. These statements can later be used against claimants if any inconsistencies arise during negotiations.

The Importance of Having Legal Representation When Negotiating With Insurers

It is highly advisable for individuals involved in personal injury cases to seek legal representation when negotiating with insurers, given insurance companies’ tactics and complex calculations involved in determining settlements. Experienced personal injury lawyers understand how insurance companies operate and can effectively advocate for fair compensation for their clients. 

Legal representation provides several benefits:

  • Expertise in fair settlement amounts: Personal injury lawyers deeply understand how different factors impact settlement values. They can accurately evaluate the worth of a case based on medical records, expert opinions, and previous similar cases.
  • Protection against unfair tactics: Attorneys act as buffers between clients and insurance adjusters who may employ aggressive strategies or attempt to exploit vulnerabilities during negotiations.
  • Thorough investigation and evidence gathering: Lawyers have resources available to conduct comprehensive investigations into accidents, gather evidence supporting their clients’ claims, and counter any disputes raised by insurance companies.
  • Skillful negotiation and litigation: Personal injury lawyers possess strong negotiation skills honed through years of experience. They can engage in effective discussions with insurers, seeking to maximize settlements without the need for protracted litigation. However, they are prepared to represent their client’s interests in court if a fair agreement cannot be reached.

Pain and Suffering: Evaluating Compensation for Physical Distress

In personal injury cases, one crucial aspect that is taken into consideration when determining compensation is pain and suffering. 

Understanding the Concept of Pain and Suffering in Personal Injury Cases

Pain and suffering encompasses physical and emotional distress caused by an accident or injury. It goes beyond tangible expenses such as medical treatment costs or lost income from being unable to work. 

Instead, it focuses on the intangible impact on an individual’s well-being, including their quality of life, mental state, and overall enjoyment. Courts consider various factors to determine appropriate compensation when assessing pain and suffering damages. These may include:

  • Severity of Injuries: The extent of physical harm endured by the plaintiff plays a significant role in evaluating pain and suffering damages. More severe injuries often result in higher compensation amounts due to the increased level of distress experienced.
  • Duration of Recovery Time: The time required for full recovery can also affect compensation calculations. Prolonged recovery periods can lead to extended pain and suffering, resulting in higher awards.
  • Medical Treatment: The type and frequency of medical treatment necessary for recovery are considered when evaluating pain and suffering damages. Extensive medical interventions may indicate more significant distress suffered by the plaintiff.
  • Impact on Daily Life: Courts examine how personal injuries have affected day-to-day activities, hobbies, relationships, or overall enjoyment of life. If an individual’s ability to engage in previously enjoyed activities has been significantly impaired due to the injury, it can contribute to higher compensation.

Factors Considered When Evaluating Compensation for Physical Distress

Apart from pain, several factors are considered when evaluating compensation for physical distress. 

These factors help determine the monetary value assigned to the plaintiff’s suffering:

  • Documentation and Evidence: Strong documentation of the injuries sustained and their impact is crucial in supporting a claim for pain and suffering damages. Medical records, photographs, witness statements, and expert opinions can all contribute to building a compelling case.
  • Expert Testimony: Expert witnesses such as medical professionals or psychologists may be called upon to testify to the plaintiff’s pain and suffering. Their professional expertise helps establish the severity and long-term effects of the injuries, further substantiating the need for compensation.
  • Lost Income: Compensation for pain and suffering can also consider any lost income resulting from an inability to work due to the injury. This factor weighs past lost wages during recovery periods and potential future income loss if the injury affects long-term employment prospects.
  • Caregiver Expenses: If an injured individual requires assistance from a healthcare provider or caregiver due to their condition, these expenses may be factored into the compensation calculation. The cost of hiring professional help or relying on family members can contribute to higher pain and suffering awards.
  • Side Effects of Medications or Treatments: Any adverse side effects experienced as a result of prescribed medications or medical treatments can also be considered when evaluating compensation for physical distress. This includes physical discomfort caused by necessary procedures or medication-induced emotional distress.

Average Compensation in Personal Injury Claims: Insights and Expectations

Factors That Influence Average Compensation Amounts

There are several factors that come into play when determining the average amount one can expect to receive. Understanding these factors is important as they greatly influence the final settlement or court award.

  • Type and Severity of Injury: The nature and extent of the injury are primary considerations in determining compensation. More severe injuries that result in long-term disabilities or chronic pain generally attract higher compensation than minor injuries with shorter recovery periods.
  • Medical Expenses: The cost of medical treatment due to the injury is a significant factor in calculating compensation. This includes doctor visits, hospital stays, surgeries, medications, rehabilitation therapy, and any ongoing medical care required.
  • Loss of Income: If the personal injury has resulted in an inability to work temporarily or permanently, the loss of income will be factored into the compensation amount. This includes current and future potential earnings that the injury may have impacted.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish caused by the injury is often included in personal injury claims. The severity and duration of these intangible damages are considered when determining their monetary value.
  • Other Losses: Additional losses such as property damage, loss of consortium (damage to relationships), loss of enjoyment of life, and any other financial burdens resulting from the injury may also contribute to the overall compensation amount.

Typical Compensation Ranges for Different Types of Injuries

The average compensation awarded for personal injury claims can vary widely depending on various factors such as jurisdictional laws, case specifics, and individual circumstances. While it’s important to consult with an attorney who specializes in personal injury law for accurate estimates tailored to your situation, here are some general examples:

  • Soft Tissue Injuries: These include sprains, strains, and minor whiplash injuries. Compensation for such injuries may range from a few hundred to a few thousand dollars.
  • Fractures and Broken Bones: Compensation amounts for fractures and broken bones can vary significantly based on location, severity, and impact on daily life. It is common to see compensation ranging from several thousand to tens of thousands of dollars.
  • Head and Brain Injuries: Head injuries that result in concussions or traumatic brain injuries often require extensive medical treatment and long-term care. Compensation for these types of injuries can range from tens of thousands to millions of dollars, depending on the severity and long-term consequences.
  • Spinal Cord Injuries: Spinal cord injuries can lead to paralysis or permanent disability. As a result, compensation amounts tend to be substantial, often reaching millions of dollars due to the significant impact on the victim’s quality of life.
  • Wrongful Death: In cases where personal injury leads to death, compensation may cover funeral expenses, loss of financial support, emotional distress endured by family members, and more. Such claims often result in higher compensation due to the irreparable loss the surviving loved ones suffered.

Get the Compensation You Deserve!

Greenstein & Milbauer, LLP helps personal injury victims in New York get the compensation they deserve. We promise to keep in touch with you to simplify your claim process. We always call back, and you won’t be stuck talking to a secretary or a rep who doesn’t know the answers. You’ll be able to chat directly with a lawyer about your claim.

Talk to our lawyers today!

How long does receiving compensation for a personal injury claim take?

A personal injury accident case in New York usually takes anywhere from four months to as many as five years to settle.

Can I claim compensation for emotional distress in a personal injury case?

Yes. Emotional distress damages aim to compensate individuals for the psychological impact of the injury, including anxiety, depression, or post-traumatic stress disorder (PTSD).

Is there a limit on how much compensation I can receive for my injuries?

The limit on compensation varies depending on jurisdiction and the specific circumstances of your case. Some jurisdictions impose damage caps or limits on non-economic damages (pain and suffering). Consulting with a legal professional can provide clarity regarding applicable limitations.

What if I am partially at fault for my personal injury? Can I still receive compensation?

In cases where you are partially at fault for your personal injury, comparative negligence laws may affect your ability to receive compensation. These laws determine how liability is allocated between parties involved in an accident or incident. Depending on the jurisdiction’s rules, your compensation may be reduced based on the percentage of fault assigned to you.

Do insurance companies always offer fair settlements in personal injury claims?

Insurance companies aim to minimize their financial liability and may offer initial settlement amounts lower than you deserve.

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