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One of the first questions many people ask us after a car crash is “What is the average payout?” When you are dealing with injuries, time off work, and mounting bills, you want to know what to expect once you pursue a personal injury claim. However, the reality is that there is not a one-size-fits-all number.
New York car accidents vary widely, depending on the facts of each case. So, what may have been the payout for a friend may not be the same for your case. Understanding what actually drives compensation can give you a clearer picture of what your claim may be worth.
Is There an “Average” Payout for Car Accident Settlements in New York?
In New York, over 12,000 people are hospitalized yearly from car accidents, and their average settlements often range from a few thousand dollars to six or seven figures. The difference usually comes down to the specifics of the case.
Therefore, instead of focusing on averages, it is advisable to understand how claims are evaluated. That way, you can be in a position to estimate how much your specific case may be worth. A skilled car accident attorney can walk you through your options in a no-obligation consultation.
What Drives the Value of a Car Accident Claim in New York?
Several factors affect how much compensation you may be entitled to. These include:
- The Severity of Your Injuries: While minor injuries typically result in lower settlements, more serious conditions such as fractures, spinal injuries, or traumatic brain injuries tend to increase the value of a car accident claim. This is because of the long-term care and recovery that may be needed.
- Medical Expenses: This includes emergency medical treatment, hospital stays, follow-up care, physical therapy, medications, and any future medical costs related to the accidents. The higher the medical costs, often then is the higher the average car accident settlement value, which is another reason why spinal cord injuries and traumatic brain injuries often receive more in damages than soft tissue injuries, for example.
- Lost Income: If your injuries kept you out of work, you may recover those lost wages. If you cannot go back to your previous job or earn the lost income you were able to earn before the car accident, you may also be compensated for reduced earning capacity.
- Impact on Daily Life: Additionally, the average payout for a NY car accident may be influenced by how the serious injury affects the accident victim’s daily life. For instance, chronic pain, limited mobility, or permanent changes to your lifestyle can significantly increase the value of your claim.
- The Strength of Your Evidence: The strength of your evidence matters too. If you have clear documentation, witness statements, and medical records, these can support a stronger claim and lead to better settlement values.
- Liability: New York follows a pure comparative negligence rule. This means that under New York law, you can still recover compensation even if you were partly at fault for the accident. However, your total recovery will be reduced based on your percentage of fault. For example, if your damages are $100,000 and you are found to be 30% responsible, your recovery would be reduced to $70,000.
However, comparative negligence has been recently modified for car accident cases. Under the new law, in an action to recover damages for personal injury in auto cases, you are barred from recovery if your culpable conduct is greater than the culpable conduct of the person against whom recovery is sought or greater than the combined culpable conduct of the persons against whom recovery is sought.
This means New York has moved to a modified comparative-fault model for no-fault-threshold personal injury cases arising from motor vehicle accidents. If you are more than fifty percent at fault (51% or greater), recovery is barred. If you are fifty percent or less at fault, recovery is not barred, but your economic and non-economic damages are reduced accordingly.
How Can You Protect Your Compensation in a New York Personal Injury Lawsuit?
Car accident settlements for severe injuries frequently exceed six-figure amounts, but they can vary widely from a few thousand to several million dollars. Whiplash settlements typically range from $10,000 to $50,000, but it is important to remember that every car accident case is different.
To strengthen your case and protect your compensation, follow your ongoing treatment plan closely and avoid gaps in care. Keep records of everything, including medical bills, receipts, missed work records, and how the serious injury affects your daily life.
Also, be mindful of what you share online, as it can be used against you. Also, consider seeking the help of an experienced personal injury attorney to build a strong case and improve your chances of getting the maximum car accident settlement. We offer free legal consultations for car accident victims.
Contact Us Today for a Free Case Review to Discuss Your New York Personal Injury Settlement
If you or a loved one was involved in an accident, contact the experienced New York City legal team at the Monarch Law Group today to schedule a free consultation to discuss how to seek full and fair compensation for your pain and suffering in your personal injury lawsuit.
