Rosenbaum & Rosenbaum, P.C. | July 12, 2023 | Personal Injury
Personal injury includes harm to your body, emotions, and mental state. New York tort laws give you a cause of action to seek damages when another person causes you injury through negligence or intentional torts. Negotiating settlements is the most common resolution to a personal injury claim.
The amounts of personal injury settlements depend on the facts of the case. Settlements for personal injury cases range from a few thousand dollars to millions of dollars. Each case is unique and judged on the circumstances specific to that case.
Calculating an average for personal injury settlements in New York City is challenging. Many factors affect how much you could receive if you settle a personal injury claim.
The best way to know how much your claim could be worth is to schedule a free consultation with a Bronx personal injury lawyer. After a thorough investigation into the facts of your case, an attorney can give you their opinion of what your personal injury case is worth.
What Is a Personal Injury Settlement in Bronx, NY?
A settlement is a negotiated resolution to a dispute. Typically, the insurance company for the at-fault party handles the settlement negotiations. Most accident victims can receive compensation for their monetary losses or economic damages, such as:
- Past and future medical bills, including rehabilitative therapies and in-home nursing care
- Past and future lost wages, including benefits and decreases in future earning capacity
- Out-of-pocket expenses, including assistance with household chores and personal care
Another component of a personal injury settlement is non-economic damages. These damages compensate you for your pain and suffering. They include:
- Loss of enjoyment of life
- Mental anguish
- Scarring and disfigurement
- Physical pain and discomfort
- Emotional distress
- Disabilities and impairments
- Diminished quality of life
Punitive damages are available in a few personal injury cases. However, you would need to file a lawsuit to seek punitive damages. An attorney can explore that option with you if your case justifies punitive damages or possibly use the argument to increase the personal injury settlement amount with the insurance company.
Signing a Settlement Agreement for a Personal Injury Claim
Before you receive a check for a personal injury settlement, the other parties will require you to sign a settlement agreement. The agreement outlines the settlement terms. It also contains a waiver and release of liability.
In exchange for the settlement proceeds, you release all parties from further liability for the claim. The release includes known and unknown parties and all claims, even claims you might not realize you have when you sign the form.
Therefore, accepting a settlement offer and signing documents without legal advice is not in your best interest. Doing so could mean receiving much less than your case is worth.
What Factors Impact the Value of a Personal Injury Settlement in Bronx, NY?
Some factors can increase the amount of money you could receive from a personal injury settlement, such as catastrophic injuries and permanent impairments. Other factors could decrease the value of your claim, including allegations you contributed to the cause of your injury.
Factors that could affect the amount of your personal injury settlement include, but are not limited to:
- The types of injuries you sustained, including whether the injuries caused disabling conditions or permanent impairments.
- The medical treatments you received because of your injuries.
- The length of time it took for you to reach maximum medical improvement or complete your medical treatment.
- Your appearance before and after the accident or injury (i.e., substantial disfigurement or scarring).
- The strength of your evidence proving the other party caused your injuries.
- Allegations of contributory fault (i.e., you are partially at fault for the cause of your injuries).
- Whether you delayed medical care or failed to mitigate damages in any way.
- The availability and amount of liability insurance to cover your claim.
- The parties involved in the case.
The willingness of the insurance company and other parties to negotiate a settlement is also a factor. For instance, an insurance company might believe it can win the case at trial or that the judgment would be less than you want to settle the case for. In that situation, the company might not be willing to negotiate in good faith to resolve the claim.
How Can You Improve Your Chances of Receiving a Fair Personal Injury Settlement in New York City?
Things you can do to help your case include:
- Report injuries and accidents immediately
- Seek immediate medical treatment for injuries
- Document the accident scene by taking photographs and making a video
- Get the contact information for eyewitnesses
- Do not talk with an insurance adjuster or investigator without legal counsel
- Complete your doctor’s treatment plan
- Document your damages and losses
Contact a Bronx personal injury attorney to discuss your case as soon as possible. Legal advice early in the process can help you avoid costly mistakes.