We cannot say what the average car accident settlement is. Car accident settlements differ widely depending on the type and severity of injuries, the personal circumstances of the car accident victims, as well as who was at fault.
As a result, what your car accident claim is worth will be unique to you rather than adhering to an average. Our personal injury attorney can evaluate several factors in your car crash to understand what aspects of your case warrant compensation.
For a free legal consultation, call 631-451-7900
The Cost of Injuries Varies Depending on How They Affect Your Life
How badly were you injured? The answer dictates your settlement amount. A low-speed rear-end crash is very different from a high-speed head-on collision. Both crashes can be dangerous, but one often causes more severe injuries than the other. As a result, the compensation for each car accident case will also be different. The kinds of injuries that can happen in a car collision include:
- Bruises
- Lacerations
- Burns
- Fractures
- Whiplash
- Traumatic brain injuries
- Spinal cord injuries
- Death
The difference in medical bills between those injuries can be vast. According to the U.S. Department of Health and Human Services, a broken leg could cost $7,500, while three days in the hospital may rack up $30,000. For traumatic brain injuries (TBIs), costs are even higher. The Agency for Healthcare Research and Quality (AHRQ) reports that TBI hospitalizations can cost 74 percent more than other injuries.
Moreover, one broken leg can be more expensive and traumatic than another. If the collision crushed your leg, you might require surgery, longer rehabilitation, and lifelong pain management. By contrast, a fracture will have a shorter, less invasive recovery period. Each person’s situation should be compensated accordingly.
Work Costs Count Toward Your Car Collision Insurance Claim
Recovering from your injuries can mean missing out on work. For minor whiplash, that may be only a few days. For serious injuries, it could be months—or even permanent.
These losses can be included in a settlement, compensating for lost wages and reduced earning ability. Our car collision lawyers can even consult specialists regarding how much income you may lose over your lifetime due to your injury.
Personal Losses from Your Car Crash Can Affect Your Car Accident Compensation
Settlements can also reflect how this crash affected you personally. This involves examining its impact on your:
- Hobbies
- Family
- Independence
- Mental health
How much money you get for your car crash settlement will depend on how the crash affected your quality of life. For example, if the crash crushed your leg, requiring surgery and pins, you may be unable to pursue marathon running, a hobby you found fulfilling. You should receive compensation not only for treatment but also for the loss of enjoyment that marathon running brought you.
Non-economic damages cover these losses – pain and suffering, emotional distress, mental anguish, etc. – and acknowledge your individual situation. You deserve to receive a settlement that accurately reflects what you have felt and lost. Your non-economic damages will depend on the specifics of your circumstances. These damages can be more challenging to pursue due to New York law.
How Local Laws Affect Personal Injury Settlement Amounts
New York’s no-fault insurance requirements exacerbate the challenge of determining the average cost of a car accident settlement.
Most car collision victims can collect payment for basic medical expenses and lost wages through their own insurance, regardless of who was at fault. However, this does not cover additional damages, like pain and suffering. To receive those, you must pursue legal action against a negligent party. To do that, you must have been seriously injured.
As a result, your ability to pursue certain compensation will depend on the severity of your case and its qualification for a lawsuit. Don’t worry – our team can evaluate your eligibility for additional damages and pursue the maximum amount possible.
New York’s Serious Injury Threshold will Help Determine an Injury’s Worth
Your injuries must qualify as serious under ISC § 5102(d) for you to sue another party for negligently causing a car collision. The collision must have also caused:
- Dismemberment
- Significant disfigurement
- Fractures
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent limitation of use of a body organ, member, function, or system
- Non-permanent injury that interferes with daily activities for at least 90 days after the crash
This leaves room for us to argue how your injury fits the criteria. The more serious the injury, the more you can potentially pursue a car accident lawsuit and the more the other party may be willing to agree to a settlement.
When Contributory Negligence Comes Into Play in a Car Collision
New York also follows contributory negligence laws imposed by CVP § 1411. You can be held partly responsible for a crash, which can affect your settlement amount.
For instance, if you were speeding when a driver who made an illegal turn hit you, you may be deemed 15 percent at fault. Your settlement amount would then be reduced by 15 percent to account for your level of responsibility, leaving you with 85 percent.
Our car accident attorneys can determine and dispute your level of fault while negotiating your settlement.
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Our Personal Injury Lawyers Can Negotiate Your Settlement Amount
Rather than focusing on the average car accident settlement value, talk to the team at Rosenberg & Gluck, L.L.P. today about what your unique case is worth. We can evaluate the specifics of your case to pursue damages equivalent to what you experienced. We will negotiate with the insurance company to ensure you get the compensation you deserve.
Remember, there are statutes of limitations that limit the time you have to act. In some circumstances, you may have as little as 90 days following an accident to pursue a claim, so don’t delay calling us.
We also assist clients in Spanish. Call now at (631) 994-1910.
