The value of a personal injury case will depend on a lot of different things.

Important considerations include:

• The type of accident you’ve been in.
• Whether your injuries can be classified as “serious” or “catastrophic”.
• Whether you’re still able to work and earn a living.
• How you’ve been affected by the trauma of being in an accident.
• Whether your own negligence was a contributing factor.

As you might expect, cases involving catastrophic injuries or death tend to be worth the most. However, every situation is different – and you don’t want to not pursue a claim just because you don’t think it’s worth much. Speak with an experienced NYC personal injury attorney at the Platta Law Firm to learn more.

After an unexpected injury, you can typically recover compensation for your financial losses (economic damages) and the pain and suffering you’ve experienced (non-economic damages).

Our personal injury lawyers in NYC will help you seek maximum compensation for all available damages, which can include money for:

• Medical bills
• Lost wages, income, and benefits
• Losses related to aggravated pre-existing conditions
• Disability
• Chronic physical pain
• Emotional distress
• PTSD
• Disfigurement
• Loss of enjoyment of life
• Embarrassment

Punitive damages can also be awarded in New York personal injury lawsuits. However, there must be clear and convincing evidence of willful or wanton negligence, a high degree of moral turpitude, or intentionally harmful behavior.

Pain and suffering refers to the emotional trauma and physical discomfort (among other things) that you experience after an accident. These types of consequences don’t come with a set price tag, and the impact varies from person to person. Needless to say, valuing pain and suffering damages can be difficult. 

Most often, something called the “multiplier” method is used. Basically, you figure out your economic damages – things like medical costs, lost income, and out-of-pocket expenses. Then you multiply those damages by a number – typically between 1 and 5. The more catastrophic the injury and resulting consequences, the higher the multiplier. The result would equal your non-economic award.

So if your economic damages totaled $100,000 and a multiplier of 3 was applied, your pain and suffering damages would be $300,000. Add them together and you’ll have the full value of your financial award.

A catastrophic injury is an injury that fundamentally changes your life and imposes long-term consequences. The term is often associated with traumatic brain injuries, spinal cord injuries, burns, and amputations.

However, in truth, any injury that causes a disability, disrupts your ability to participate in your life, or causes some other significant change can be a catastrophic injury. Things like chest injuries, broken bones, vision or hearing loss have the potential to be catastrophic.

Insurance companies might know that your injuries could carry significant long-term costs. So, they may be quick to offer you a settlement or pressure you to accept an offer. Taking an early offer could mean that you never recover the full amount of money you need to cover your costs and losses.

Speak with an attorney about your injury before making any deals with an insurer. We’ll help you understand the true extent and scope of your injury and work to ensure that you’re fully compensated.

You might wonder if you need to hire a personal injury lawyer after an accident in New York, especially if you just plan on going through insurance. What will your lawyer do, anyway?

When you hire a lawyer, you have someone to take care of your fight for compensation. This frees you up to focus on recovering.

While you do that, your lawyer will:

• Handle conversations with insurance adjusters, employers, hospitals, and relevant parties
• Ensure all legal claims are filed on time
• Notify other parties of your intent to file a lawsuit or seek damages
• Investigate your accident or injury
• Gather evidence and important pieces of information related to your case
• Bring in experts that are relevant and helpful to your specific situation
• Negotiate to get you the best possible settlement deal

If negotiations aren’t successful – meaning that you don’t get a reasonable or fair offer – then your attorney will take your case to trial. Going to trial won’t mean that a jury will decide whether you win or lose.

Personal injury lawsuits can be (and often are) settled before it ever gets that far. However, showing your willingness to go to court can help to motivate insurance companies to make a fair offer.

• Report it – to the police, property owner, employer, hospital, or another appropriate party
• Don’t apologize – things you say can be taken out of context and potentially used against you
• Don’t admit fault – you can’t know the true cause of your accident until it’s investigated
• Take pictures – document the scene of the accident and your injuries
• Seek medical care – go as soon as you can to make sure that your injuries are treated and to solidify the relationship between those and your accident
• Call a lawyer – the sooner you get an attorney involved, the more likely it is you’ll win your case and maximize your financial recovery.

When you file a personal injury case you have the burden of proof. In New York, the burden of proof in personal injury cases is by a “preponderance of the evidence.” Basically, your story (supported by facts and evidence) is more likely true than not.

Most personal injury cases are based on negligence.

To win your case, you’ll have to prove four different elements:

• Someone owed you a duty of care
• That duty was breached in some way
• The conduct caused you to get hurt, and
• You’ve suffered damages as a result.

Evidence that can be helpful in proving your case can include photographs, police and accident reports, medical records, witness testimony, video footage of an accident, and even expert testimony.

The best way to increase the likelihood of a successful outcome is by hiring a personal injury attorney in NYC with experience handling cases like yours.

Most personal injury lawsuits in New York are subject to a three-year statute of limitations. There are times when the statute of limitations might be different.

• Workers’ compensation: two years from the date of injury or payment of compensation (whichever is later).
• Wrongful death: two years from the date of the victim’s death.
• Medical malpractice: two years and six months from the date of malpractice or the injury is discovered.
• Government tort actions: notice must be provided within 90 days of injury.

If you miss the deadline that applies to your case you’ll be out of luck. Once the statute of limitations expires, so does your right to file a civil lawsuit and demand compensation. Reach out to a personal injury lawyer near you in NYC as soon as you can after an accident to ensure all applicable deadlines are met.

It’s unlikely, but it is possible. About 95 percent of all civil lawsuits settle outside of the courtroom.

Ultimately, whether yours goes to trial is really up to you.

Do you want to accept the settlement offer(s) you’ve gotten? Or, do you and your attorney think that you’ve got a good chance to get more money if you go to court? Pushing forward to trial can be a great strategic move, especially if you hire an experienced litigator.

Personal injury lawyers work on a contingency fee basis. You pay nothing unless your case is a success – meaning that you get a settlement deal or win a verdict at trial. Generally, the average contingency fee ranges anywhere between 33 percent and 40 percent of what you win. Every attorney’s fee must be agreed upon in writing upfront.

The specific cost of a lawyer will depend on a lot of different factors – from the type of case you have, the expected recovery, to the attorney’s experience and reputation.

At the Platta Law Firm, we’re upfront and transparent about our attorneys’ fees. Call our law office, serving clients in all five New York City boroughs and surrounding areas, for more information now.

• How much experience does the attorney have handling personal injury matters like yours?
  You might not want to hire a lawyer who focuses on truck accidents to represent you in a construction or workers’ compensation case. Specialization – even within personal injury law – can matter.
• Do you feel comfortable confiding in the attorney?
  You need to be able to trust your lawyer. If you can’t be honest with them or trust them with sensitive details about your case, then they’re probably not the right fit for your case.
• How much trial experience do they have?
  Not to say that your case will go to trial, but it certainly helps to have an experienced litigator on board. Insurance companies typically want to avoid the time, cost, and risk of going to court, particularly when the opposing counsel has a demonstrated ability to win at trial. Showing that you’re willing to go that far can help to push negotiations along and get you a better settlement offer.
• What kind of results have they gotten?
  Results speak volumes. Any attorney can hang a shingle, open a firm, and advertise that they help injury victims in New York City. But, only a select few attorneys have the ability to take on tough cases and win. Hiring a lawyer with a winning reputation can be a great move and increase the likelihood of a win in your case.