How Much Is My New York City Personal Injury Case Worth?

How Much Is My New York City Personal Injury Case Worth? Were you hurt because of another party’s wrongdoing or carelessness? If so, you could be entitled to compensation for your damages. New York’s personal injury laws hold parties responsible when their negligence or intentional torts cause harm or injury to another person.

The facts and circumstances in your situation will determine how much your New York City personal injury case is worth. At the Law Office of Jay S. Knispel, our legal team works to maximize the amount you receive for a personal injury claim. We work with you and your doctors to document your damages and the extent of your injuries to correctly calculate the value of your claim.

Table of Contents

Factors That Impact the Value of a New York Personal Injury Claim

We determine how much a New York City personal injury case is worth by evaluating the factors that affect damages. Since every case is unique, there is no average amount we use in the evaluation process. Instead, we perform an in-depth examination of the evidence to determine how much money you should receive for an injury or accident claim.

Factors that could impact how much your personal injury case is worth include:

The total financial losses you incur because of the accident, your injuries, and your recovery
The type of injury you sustained, including the severity of the injury and whether you sustained permanent impairments
The level of scarring and disfigurement you sustained
Whether you can return to work or perform any work to earn income
The duration of your recovery and the type of medical treatment you endured
How your injuries impact your daily life and relationships with family and friends

Typically, catastrophic injuries and disabling conditions increase the value of damages in a personal injury case. However, all factors in your case must be considered. For example, being partially to blame for causing your injury could reduce your compensation for damages.

What if I’m Partially at Fault for the Cause of My Injuries?

Some states have contributory fault laws that bar injured parties from recovering compensation for damages if they are partially at fault for the cause of their injury. Other states limit the amount of fault someone can share and still receive compensation for damages.

However, New York has a pure contributory negligence law, which is one of the more victim-friendly. If you are partially to blame, your compensation is merely reduced by your level of fault.

For example, suppose a jury determines you are 15% to blame for causing a car accident. If so, you will only receive 85% of the total amount of the jury award for damages.

Insurance companies use contributory fault to avoid paying the full value of a personal injury case. Therefore, be cautious when discussing your claim with an insurance adjuster because they might twist your comments to allege fault. It is best to allow a New York City personal injury lawyer to handle the communications with the insurance company.

Compensation for Damages in a New York City Personal Injury Case

The types of damages you are entitled to receive also impact how much your New York City personal injury case is worth. Our legal team evaluates your tangible and intangible damages to calculate the value of each category of damages.

Economic damages represent the financial losses you incur. Those damages include:

Medical bills and expenses
Personal care
In-home nursing care
Out-of-pocket expenses
Lost wages and benefits

You can also recover compensation for your intangible or non-economic damages. Examples of these damages include:

Loss of enjoyment of life
Physical pain and suffering
Mental anguish
Emotional distress

The value of your damages depends on many factors. Our legal team works diligently to maximize the factors that increase the value of your claim. We aggressively fight insurance companies that try to undervalue and minimize your damages.

Injured parties have the burden of proving another person caused their injuries. You must also prove that you sustained damages and what those damages are worth. The insurance company will try to pay as little as possible for your damages.

Hiring a personal injury law firm in New York City evens the playing field. A reputable law firm will have the resources necessary to conduct a thorough investigation to gather evidence proving your case.

You Could Be Entitled to Future Damages

You could also be entitled to future damages if you sustain a permanent impairment, disabling condition, scarring, or disfigurement. Future damages compensate you for the ongoing pain and suffering and future monetary losses you will incur because of the at-fault party’s actions.

Future damages can include non-economic and economic damages such as:

Ongoing pain and suffering
Future medical bills
Long-term skilled care
Diminished earning capacity
A decrease in quality of life

The above damages can also be awarded if a condition results in a short-term loss. Valuing future damages can be challenging. Many factors impact the value of future damages, including:

Your age and anticipated retirement age
The severity of the impairment
Your education, skills, and career or job
The anticipated rate of inflation
Whether you can earn any income or you cannot work at all
The cost of ongoing medical care and treatment
The need for personal care or nursing care

Other factors could apply in your case. Our lawyers work with leading medical specialists, vocational experts, financial professionals, and other experts to accurately value future damages.

Deadline for Filing Personal Injury Claims in New York

The New York statute of limitations sets deadlines for filing personal injury claims. The type of claim and the circumstances in your case determine the deadline for filing a personal injury lawsuit.

For instance, the statute of limitations for most car accident cases in New York City is three years from the accident date. Likewise, most slip and fall accidents and product liability cases have a three-year statute of limitations.

However, the deadline for filing many medical malpractice claims is two years and six months. Wrongful death claims have a two-year deadline.

If your claim involves a government entity, you must file a notice of claim within 90 days. The filing deadline for a lawsuit is one year and 90 days from the injury date.

When you miss the filing deadline for a personal injury case, the court can dismiss your claim. Because exceptions to the statute of limitations can change the filing deadline, it is best to talk with one of our New York City personal injury lawyers as soon as possible to protect your rights.

Schedule a Free Consultation With Our New York Personal Injury Lawyers

You deserve compensation for the total value of your damages after an injury or accident. However, the insurance company and at-fault party will try to avoid liability for your claim.

Contact us Law Offices of Jay S. Knispel Personal Injury Lawyers at (212) 564-2800 to schedule a free consultation with an experienced New York City personal injury attorney. We want to help you hold the party responsible for your injuries accountable for the harm they caused.