What Is the Average Settlement for a Personal Injury?
There are no statistics that indicate the average settlement for a personal injury case. Since every case is different, even the outcomes of situations that are similar to yours may not apply to your present circumstances for a variety of reasons.
To learn more about the value of your claim, your best bet is to reach out to a personal injury lawyer. We can examine the facts of your case and determine what the settlement could be in your personal injury claim.
Factors That Might Affect Your Financial Compensation
One reason there is no “average” settlement in a personal injury lawsuit is the fact that so many things can affect your injury settlement. Any one of the following conditions could make your claim worth more or less:
The severity of your injuries and how long they will affect you can determine what you can recover. For example, a broken arm that heals in six weeks will likely result in lower compensation than a spinal cord injury that will affect you for many years.
How long your injuries affect your ability to perform routine activities of daily living can determine the value of compensation for your pain and suffering.
Whether You Are Able to Return to Work
Losing the ability to work, whether temporarily or permanently, is also often part of the average settlement. How long you are out of work, your lost wages, and whether or not you are able to return to work in any capacity may also have an effect on the value of your claim.
Your Medical Expenses
If you have had any out of pocket expenses or unpaid bills for medical or hospital bills due to the accident, those expenses can be claimed in your case. In some instances, these medical expenses can be quite substantial. In fact, they may end up being the number-one reason you chose to file a personal injury lawsuit.
Whether You Contributed to Cause of the Accident
New York is a comparative negligence state. According to 2012 New York Consolidated Laws
CVP – Civil Practice Law & Rules Article 14-A – (1411 – 1413), if your actions contributed to the accident, you may receive only a percentage of the full value of your injuries.
For example, if you and another driver are held each 50% at fault, you would be entitled to only 50% of the value of your injuries and economic losses. That would mean you could collect $50,000 of a $100,000 settlement, minus your legal fees.
The Experience of Your Personal Injury Lawyer
Not all lawyers have the same skill and dedication in regard to your case, and that can have a positive or negative effect on your ultimate financial recovery. We have helped our clients recover millions of dollars, so we know what it takes to get a fair settlement.
Our personal injury attorneys have been fighting for victims like you for over 30 years. We use that experience to conduct a thorough investigation and build your case to ensure the best and most substantial financial recovery.
Common Types of Compensation in a Personal Injury Claim
While there is no average settlement for a personal injury, there are several common types of compensation to which you may be entitled:
- Pain and suffering for your physical and emotional injuries
- Loss of enjoyment of life
- Past and future lost income
- Medical bills, both current and future
- Other out of pocket expenses
You may be able to pursue additional economic and noneconomic damages that we have not listed here that are unique to your case. Please be sure to tell us about any circumstances that you believe deserve further compensation.
How Long it Takes to Settle a Personal Injury Lawsuit
Nationwide, the average time it takes to settle a personal injury claim is one to two years. Here in New York, you may settle your claim much earlier than that, or the case may drag on for as many as five years. It all depends on how convincing your evidence is and who you choose as your personal injury attorney.
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Reaching Settlements for Personal Injury Claims
According to the American Bar Association, the majority of all claims that are brought by injury victims result in a settlement agreed to by all parties. A settlement is an agreement that is usually achieved without a trial or judge.
We believe that the best way to ensure that you receive the maximum recovery begins with preparing every case as if it will be presented to a jury for trial. If you retain us to handle your case, our legal team may do the following to build your case for trial:
- Investigate the details of the accident by gathering police, accident or incident reports, photographs, witness statements, and video footage
- Conduct a site visit to the accident location
- Obtain sworn statements under oath of all parties with knowledge
- Consult with accident reconstruction experts
- Review all EMS, hospital and medical records
- Retain medical experts to prove the full nature and consequences of your injuries
- Obtain all employment and lost wage information
- Evaluate all past and future medical expenses
- Consult with an expert to perform an analysis of all economic damages
- Negotiate with the liable party or parties’ insurance company
- Present your case to a jury at trial, if necessary
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Helpful Information You Should Gather After Your Accident
For your case to be successful, it must be based on proof. Immediately after your accident, you should try if possible, to gather the information that will assist us in building a strong case for you such as:
- Photographs at the time and scene of the accident
- Names of any witnesses who saw the accident or condition
- Your medical bills, imaging scans, prescription medications, doctor’s statements, and other pertinent documents you receive
- A copy of your health insurance card or cards
- Pay stubs that reference any lost income or time away from work
Call Our Personal Injury Lawyers for a Free Case Review
Regardless of the extent of your physical injuries or economic damages, your time to bring a claim is limited. If you fail to bring your claim within that limitation, you may be forever barred from receiving the financial compensation that you deserve. Don’t delay. Call us today.
We represent clients throughout the New York City metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk counties. To get started with a free case review with a member of our team, call Dansker & Aspromonte Associates. Call or text (646) 692-0204 or complete a Free Case Evaluation form.
Innovative Legal StrategiesEach client that comes to our team gets a managing partner and trial partner dedicated to their case. We put our collective 100 years of experience behind your case to obtain the best possible outcome on your behalf.
Small Firm Dedication & FocusOur firm is different from most firms in our area in that we are a “boutique” type firm that is small enough to give personal attention to our clients and yet experienced and powerful with a reputation as a hard-hitting litigation firm.
Providing Answers & SolutionsOur team is committed to always being able to provide you with updates on your case and answers to your questions. This is your case and we want to be sure you are confident every step of the way.
Proven Record of SuccessDansker & Aspromonte Associates LLP has been advocating for the rights of the injured since 1986. We have the tools, resources, knowledge, and commitment to get you the best possible outcome.