There are many factors which determine what an injury is worth, including whether you are partially at fault; the county where your case is; your age and many other factors.
In New York, if a jury finds that you were 30% at fault for causing the accident you are entitled to 70% of the compensation the jury gives you for your injury.
While insurance companies think injuries are not as serious as we claim, we understand that they are far more serious. Of course, we consider our history of settlements and jury verdicts and we research jury verdicts on the legal research service Westlaw.
But we also consider what your injury would mean to us if we had that injury and how your injuries will affect you when you get older.
If I could pay money to return a back injury to its pre-accident status, I would pay $10 million or even more if I had it to get rid of my back injury. Unfortunately, juries don’t award $10 million for soft tissue back injuries. But it is worth thinking of the injury in a personal sense before asking the jury for money.
When you suffer from an injury, other people don’t really understand what it means to you. What would you give up or pay to undo your injury?
Triple Crown winner, jockey Victor Espinoza broke his neck in a horse race. He was unable to move or feel his legs and was nearly paralyzed but two weeks later began to regain movement of his legs.
In a CBS TV interview, he was asked, “Was it more exciting to you to win the Triple Crown or to feel your legs?” He said, “It was fun winning the Triple Crown but to have my legs back, that was the best thing that ever happened to me.”
He may be getting better now but it will get much worse later in life. How will his injury affect him when he gets older? How will your injury affect you when you get older?
You might have an injury which requires surgery or an injury which does not require surgery. Often, your injury is more valuable if you have surgery but not necessarily.
Before I started my law practice, my stepmother was injured in a car accident when her car was struck by a car carrier/tow truck which ran a red light. She injured her knee and shoulder and never had surgery. When she was 70 years old, her injuries became debilitating. Now, at 80, she is almost totally disabled because of those injuries.
My father worked full time until he was 93 but my stepmother will likely need to go to a nursing home because she was injured in a car accident decades earlier.
What’s a knee injury worth? We obtained a jury verdict in Nassau County Supreme Court of $465,000 for our client who was offered only $10,000 by GEICO when he injured his knee with a meniscus tear which required arthroscopic surgery which is considered minor surgery.
Nassau County and Suffolk County are not the better counties to have a case in. The best counties are Brooklyn and Bronx.
See some of our New York accident verdicts and settlements
At HURT911® you can speak with Dream Team Partners Rob Plevy, Esq. and Phil Franckel, Esq. whenever you need, days/nights/weekends.