How Much Is My Injury Case Worth in New York?

Nobody can price your case from a web form, and any site that gives you a number without seeing your medical records is selling you something. What we can do is tell you exactly which factors move the number, so you can judge whether an offer you have received is reasonable. In New York, five variables do most of the work: the severity and permanence of the injury, whether surgery is recommended or performed, provable lost earnings, the amount of insurance available, and your share of fault.

• Diagnosis and permanence. A documented herniation with radiculopathy is valued very differently from soft tissue strain that resolves in six weeks. Objective imaging and specialist opinions carry the weight.
• Treatment path. Injections, arthroscopy, discectomy or fusion each step value up substantially — and settling before a surgical recommendation is on record is the most common expensive mistake.
• Earnings. Documented past wage loss plus lost future earning capacity, supported by employer records and, in larger cases, a vocational expert and an economist.
• Available insurance. A catastrophic injury against a $25,000 minimum policy is limited by that policy unless we find additional layers — commercial coverage, employer liability, umbrella policies, or your own underinsured motorist coverage.
• Comparative fault. New York uses pure comparative negligence, so a 25% share of fault reduces your recovery by 25% rather than barring it.

The serious injury threshold

In most motor vehicle cases you cannot recover pain and suffering unless your injury meets the statutory serious injury threshold — fracture, significant limitation of use, permanent consequential limitation, or 90 out of 180 days of disability. Documenting this early is decisive.

No-fault first

Up to $50,000 of medical bills and lost earnings is paid by no-fault regardless of fault, and those amounts are generally not recovered again in the lawsuit.

Labor Law cases

Construction height and safety-device cases under Labor Law 240 can impose absolute liability, which typically raises settlement value for an identical injury.

Liens and reimbursement

Health insurers, Medicaid, Medicare and workers' compensation carriers may assert liens. Negotiating those down is part of the work and directly affects what you actually keep.