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 How Much is Your Serious Injury Case Worth in NYC

Being injured in a car accident in New York can leave you with not just serious medical injuries, but also considerable financial loss. Besides paying for your medical treatment and rehabilitation, you also need to meet expenses to cover the damage to your car. The fact that you may not be able to get back to work due to your ill health may mean a loss of wages. If your accident has been caused due to the negligence of another party, filing a personal injury case can help you recover damages for your loss, pain, and suffering.

When you file a personal injury claim, the negligent party’s insurance provider will contact you with an offer to settle out of court. Whether you accept this offer or decide to pursue your case to a trial, it is vital to have a clear picture of the value of your serious injury claim. Calculating this value is not a simple task you can do on your own. Having an experienced car accident serious injury lawyer in New York on your side can make all the difference to your ability to recover the maximum compensation that is your due.

What is Serious Injury Under New York Law?

Under New York law, serious injury refers any to the following:

  • Fracture of the bones
  • A substantial disability that prolongs beyond 90 days
  • Significant disfigurement
  • Permanent disability in which an organ is permanently damaged or a particular body part’s use is limited on a permanent basis.

If your car accident led to any of the above-mentioned damaging situations, you can bring a personal injury lawsuit against the driver at fault for the accident. You may also initiate legal action in case the accident caused property damage to your car or any other property.

What Factors can Influence the Value of a Serious Injury Claim in NYC?

Several important factors play a role in deciding the value of a serious personal injury case. Here are some of the important questions that serious accident lawyers in New York consider:

  • Who was at fault for the accident and can be held liable for it?
  • How severe were the injuries? Were major organs or systems affected by the injury? Were the injuries of a permanent nature?
  • Were there any pre-existing injuries or were the injuries undoubtedly caused by the present accident?
  • Has the injury caused the victim to suffer a temporary or permanent disability?
  • What is the age of the victim?
  • What is the level of medical treatment the victim has received for their injury? Is it likely that further treatment or surgery will be necessary in the future?
  • Are there other out-of-pocket costs likely for medical care?
  • What is the victim’s occupation and level of income?
  • Is there a likelihood of the victim’s disability causing a loss of gainful employment?
  • Which is the county in which the lawsuit is brought?
  • What is the demographic profile of the jury?
  • How credible is the plaintiff?

What Expenses must be Considered to Calculate a Claim Value?

When calculating the value of a claim in a serious car accident in NYC, many people make the mistake of restricting their vision to only those expenses that crop up immediately following the accident. However, in a serious injury case, there is every chance that expenses related to the accident will continue to drain your resources for months or even years after the incident. When you calculate a claim value, you have to factor in all such anticipated expenses based on a thorough analysis of all aspects of your case.

Here is a list of expenses commonly encountered in a serious injury case:

  • Immediate medical care expenses
  • Long-term medical expenses
  • Therapy expenses
  • Costs of nursing care at home
  • Household chore assistance expenses
  • Permanent disability induced home modification expenditure
  • Loss of present income
  • Future loss of income if the disability is severe enough to affect employment
  • Suffering and pain
  • Mental anguish

While this is a general overview of what to consider when calculating claim value, it is important to remember that there may be many other factors that are unique to your case. A competent, professional serious accident injury attorney in New York can help you identify all such aspects and push for a settlement amount that is more favorably aligned with the actual expenses you expect.

Comparative Fault Rule in New York

Not all car accidents are a straightforward case of one single party being at fault for the crash. In quite a few cases, you, the victim, may also be found partly responsible for the accident. Under the ‘comparative fault’ rules in New York, the amount of compensation that you can recover will be influenced by the degree of your contribution to the accident. If the damages in your accident have a worth of $100,000 but you were found to be 30% at fault for the crash, you will be granted only an amount of $70,000 from the other party at fault.

Even if you are partly to blame for an accident in which you have been injured, you can certainly recover damages to the extent of the fault of the other liable party. This is where having an experienced serious car accident injury attorney in New York can help you build an effective case to get you the compensation you deserve.

How to Convey Your Pain and Suffering to a Jury?

Physical injuries are easy to prove with evidence from medical reports and testimony from medical experts. However, it’s essential that the jury also understands the degree of pain and suffering that you and your family have been caused due to the accident.

Every member of a jury is different and will view your case through their individual perspectives. No one can predict the response of every juror to the specifics of your injury case. However, it is vital that your case be presented in a way that makes them acutely aware of the tangible impact of the injuries you sustained on the overall quality of your life. Even as you seek to put forth the humane aspects of your injury it’s vital that you do not exaggerate the emotion as this can cause you to lose credibility and affect the amount you receive in compensation.

A professionally competent serious injury lawyer in New York will be able to guide you about what information can present your case in an effective manner. They will highlight how the injury affected your ability to perform your routine tasks and made you dependent on help to carry out even the most basic of personal tasks, causing you great emotional anguish. Photographs or videos recorded as you get through a normal day can be used to help the jury empathize with your pain and suffering.

Your injuries may have affected your ability to care for your family including young children. Your attorney can explain how your relationship with your spouse and your ability to engage with your children was affected by the injury. Records of mental health counseling that you have received may also be used to show the emotional ramifications of your injury.

Role of Plaintiff Credibility in Recovering Serious Injury Damages in New York


During the initial meetings to discuss the possibility of an out-of-court settlement, insurance adjustors tend to size up the plaintiff’s credibility. This factor often has a huge impact on the amount indicated as a pre-trial settlement offer.

It is a well-accepted reality that juries decide the amount to be awarded based on what they feel or think about the victim. A plaintiff who is believable and able to evoke the sympathy of the jury often ends up receiving higher compensation than one who appears to be exaggerating their injury.

Seek Legal Help from a Top-Rated Serious Injury Attorney in NYC


If you or a loved one has been injured in a car accident in NYC that caused serious injuries, one of the first things to do after seeking medical attention, is to get legal advice. Based on the specifics of your case, you may be eligible to receive benefits to compensate for the medical and other losses you suffered due to the accident caused by another person’s negligence.

Our dedicated and focused personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have many years of experience in handling serious injury cases and a track record of winning sizeable amounts in compensation for the victims of car accidents in New York.

Our network of independent investigators, medical and financial experts can help you build a strong case that fetches you the maximum compensation you deserve whether through an out-of-court settlement or at trial. Even if you think that you may be partly at fault for the accident that caused your injuries, make sure you obtain an expert legal opinion to find out how much compensation you may be able to recover and many other salient reasons.

Call Rosenberg, Minc, Falkoff & Wolff, LLP today at 1-800-660-2264 or contact us online for a free consultation and evaluation of your serious injury case.


122 E. 42nd Street Suite 3800
New York, NY 10168

Tel: (800) 660-2264



8900 Sutphin Blvd Suite 501
Queens, NY 11435

Tel: (718) 399-3100

*By Appointment Only



220-226 E 161st Street
The Bronx, NY 10451

Tel: (212) 344-1000

*By Appointment Only