How Much Is a Personal Injury Claim Worth in New York?
If you’ve been injured in an accident in New York, one of the first questions you might have is: How much is my personal injury claim worth? At D’Orazio Peterson, we often hear this question, and the honest answer is—it depends. The value of your case is influenced by many different factors. Below, we break down the most important ones in plain language.
1. Who Was at Fault for the Accident?
In New York, personal injury cases follow a comparative negligence rule. That means if you were partially at fault for the accident, it could reduce the amount of compensation you receive.
For example:
- If the other party was 100% at fault, you may be entitled to full compensation.
- But if you were, say, 30% responsible, your compensation may be reduced by 30%.
- If you were more than 50% at fault, your claim may be significantly weakened.
Understanding how fault is assigned in your case is one of the first steps in estimating its value.
2. How Severe Are Your Injuries?
Not all injuries are treated the same in the eyes of insurance companies or juries.
Generally:
- Serious, clearly documented injuries like broken bones, traumatic brain injuries, or permanent damage tend to result in higher settlements or verdicts.
- Soft tissue injuries (like whiplash or sprains) supported only by subjective pain complaints may be harder to prove and result in lower compensation.
- Prior injuries to the same body part can also affect the value of your claim.
In New York, medical documentation is key. The clearer the evidence, the stronger your case.
3. What Do Your Medical Records and Bills Say?
Medical records tell the story of your recovery—and juries and insurance adjusters will read that story carefully.
A strong personal injury case usually includes:
- Immediate medical treatment after the accident.
- Consistent and appropriate follow-up care.
- Medical bills that match the severity of your reported injuries.
Waiting too long to seek treatment, or stopping early, can hurt your case.
4. Do You Have Evidence of Lost Wages or Income?
If your injuries kept you from working, you may be entitled to compensation for lost income. But you’ll need clear and verifiable documentation.
This includes:
- Pay stubs or employer letters if you’re a W-2 employee.
- Tax returns, invoices, or client records if you’re self-employed or a gig worker.
In New York, lost income can be a significant part of your damages—but only if it’s well documented.
5. Would a Jury Like You?
This might sound personal, but it’s important. If your case goes to trial, your likability and credibility can influence the outcome.
Juries are more likely to:
- Trust and empathize with someone who comes across as honest and relatable.
- Side with a person they feel genuinely suffered and is telling the truth.
This human element can be critical in both settlement negotiations and court.
6. How Strong Are Your Witnesses?
Whether it’s an eyewitness, a co-worker, or a medical expert, your case is stronger if your witnesses are:
- Objective
- Credible
- Consistent in their statements
Good witnesses can back up your story and reinforce your version of events.
7. How Much Time Has Passed Since the Injury?
New York has a statute of limitations for filing personal injury claims—typically three years from the date of the accident. But beyond the legal deadline, the more time that passes, the harder it becomes to:
- Collect evidence
- Get strong witness testimony
- Convince juries to award significant damages, especially if you’ve recovered and resumed normal life
Insurance companies know this and may try to delay resolving your claim to reduce its value.
Final Thoughts: Know Your Rights in New York
Every personal injury case is unique, and many variables affect how much compensation you may receive. At D’Orazio Peterson, we help New Yorkers navigate these complex cases every day, whether you were injured in a car accident, slip and fall, workplace incident, or other situation caused by someone else’s negligence.
If you have questions about your specific case, your rights, or what your personal injury claim may be worth in New York, contact us today for a free consultation.