The financial compensation that may be available for your car accident injury in New York City depends on the circumstances. Settlements can range from $10,000 or less to multiple millions. Many factors influence the types and amounts of compensation available, from injury severity to New York’s no-fault law. The best way to get an accurate case estimate is by consulting with a local car accident lawyer.
New York’s No-Fault Law
Unlike the majority of states, New York uses a no-fault car insurance law. Under this rule, regardless of who is at fault for causing a car accident, each injured person seeks compensation from their own insurance provider first.
Motorists in New York are required to carry at least $50,000 per person in personal injury protection (PIP) insurance. This is a first-party type of coverage that will pay for the policyholder’s own medical bills, around 80 percent of lost income and other out-of-pocket losses. It does not require the policyholder to prove fault.
It is also mandatory for New York drivers to carry liability coverage to pay for the costs of others after a serious accident. The required amounts are $25,000 for injury and $50,000 for death per person and $50,000 for injury and $100,000 for death per accident.
Seeking Compensation From Another Party in New York
If you suffer a serious enough injury in a car accident in New York City, you will have the right to sue the other driver or a third party outside of the no-fault system. A qualifying serious injury is any of the following under the state’s tort threshold:
- A bone fracture
- Significant disfigurement
- Significant limitation of the use of a body part, function or system
- Permanent limitation of the use of an organ or body part
- Permanent loss of the use of an organ, member, function or system
- Dismemberment
- Loss of a fetus
- Death
If you have a severe injury, you will file a PIP claim with your own provider first, then file a claim for additional coverage with the at-fault driver. Filing a third-party claim can lead to additional types of compensation, such as 100 percent of lost wages, lost future capacity to earn, disability accommodations, and pain and suffering.
Types of Compensation Available
New York State law allows for the recovery of damages, or financial compensation, for a variety of losses after an automobile accident. Available compensation for your claim may include:
- Present and future medical bills
- Lost wages, income and future earnings
- Disability costs and accommodations
- Property damage
- Pain and suffering (including emotional injuries)
- Loss of consortium
- Wrongful death damages
Economic and non-economic damages can be awarded to make a motor vehicle accident victim whole again. Punitive damages may also be available in rare cases involving serious wrongdoing by a defendant, such as drunk driving.
What Is the Average Car Accident Injury Settlement in New York City?
It is difficult to assign an “average” value to a New York City car accident settlement, as every case is unique. Car accident case results can vary significantly, from several thousand dollars to millions, based on the severity of the victim’s injuries, the cost of his or her medical care, and many other factors.
The best way to understand how much your specific car accident injury claim is worth in NYC is by speaking directly to a personal injury lawyer in Forest Hills. You can count on a lawyer to analyze your case and accurately calculate its value before seeking maximum compensation through every available legal outlet.