Every personal injury case is different, which means there’s no single answer to what the average settlement might be. Compensation depends on several factors, and a general average won’t reflect the specific value of your individual case.
When you turn to Chopra & Nocerino, we’ll evaluate these factors and provide a personalized estimate of your case’s worth. Our New York City personal injury lawyers offer a free consultation to help you understand your rights, legal options, and potential compensation.
Key Factors Influencing Personal Injury Settlement Amounts
Because no two personal injury cases are alike, settlement amounts can vary greatly. In this article, we’ll take a closer look at some of the key elements that can impact your compensation.
Severity of Injuries
People with more severe injuries tend to need more extensive medical treatment. The cost of surgeries, rehabilitation, and hospitalizations can quickly add up. These injuries can also affect a person’s quality of life, and a fair settlement reflects that impact.
Additionally, longer recovery times mean more missed work. Each missed day can add to your settlement. Severe injuries can also limit the type and duration of work you can do long-term, which can increase your compensation for lost earning capacity.
Types of Damages
A personal injury settlement aims to compensate you for the full scope of your damages. This may include economic, non-economic, and punitive damages.
Economic damages are the measurable financial losses you suffer, and they form the foundation of most settlements. Common types of economic damages include:
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Disability-related expenses
Non-economic damages are intangible losses that reflect the injury’s impact on your quality of life. While assigning a value to them can be challenging, they can increase the overall compensation significantly. Examples include:
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
Punitive damages are reserved for the most extreme cases of recklessness or intentional harm. They’re intended to punish the defendant rather than cover specific losses. They’re rare, but cases that include them often have some of the highest average personal injury settlements.
Degree of Fault
New York follows a pure comparative negligence rule. This allows you to seek compensation if you’re partially or even mostly at fault. However, your compensation is reduced based on your percentage of fault. The more at fault you are, the less compensation you’ll receive.
Strength of Evidence
Strong evidence is necessary to prove the other party’s liability and your damages. The availability and amount of evidence can affect how much money insurers or courts are willing to award you. Medical records, witness statements, accident scene photos, and expert reports can all contribute to a more convincing case.
Insurance Policy Limits
Insurance will only pay up to the at-fault party’s policy limit. This places a ceiling on how much your personal injury settlement might be, regardless of your injury’s severity. For example, if the at-fault party carries a policy limit of $50,000 and your damages total $100,000, you may only receive up to the policy limit of $50,000.
Jurisdiction and Venue
Certain courts in New York are more likely to award higher damages. New York City, Brooklyn, and the Bronx have a reputation for awarding nuclear verdicts, which are jury verdicts of $10 million or more.
But even if you don’t go to court, you can leverage this knowledge to negotiate a higher settlement if you live in one of these jurisdictions. Insurance companies would rather settle for a larger amount than risk facing a jury in these areas.
Personality
Insurance adjusters and jurors are people, too, and they aren’t immune to the influence of personality. They might make implicit judgments about someone’s truthfulness based on their appearance, mannerisms, or attitude.
If the defendant or their witnesses come across as less credible, you may be more likely to receive a favorable settlement. However, the same credibility factor also applies to you and your witnesses.
Outside Pressures
Insurance companies often push for a quick, low-value settlement. If you’re feeling financial pressure or emotional stress, they may try to use that urgency to their advantage. While settling quickly might seem appealing, it can result in receiving less compensation than you’re truly entitled to.
General Settlement Averages by Claim Type
The most reliable data we have on local settlement averages comes from the New York City government. For example, in 2023, motor vehicle crash claims against the city had an average settlement amount of $102,598. The average personal injury settlement amount for all claims paid out by the city was $19,049.
Remember, these are general averages calculated from thousands of different settlements. Your case’s value may be significantly higher or lower than these values depending on your unique circumstances.
Related: How Much Money Can You Get For A Car Accident In New York?
Contact Us to Learn More About Your Potential Settlement
At Chopra & Nocerino, we see the wide variability of personal injury claims every day. Each case is vastly different, and no fixed settlement amount applies to all.
Instead of relying on the average settlement for a personal injury case, contact our firm for a free, one-on-one consultation. We can provide a personalized case evaluation and estimate what your potential settlement might be worth. With over 20 years of experience fighting for New Yorkers, we’re ready to help you seek the compensation you deserve.
