Soft tissue damage, currently recieveing physical therapy, made a police report at the scene, still undergoing tests such as MRI's. Accident just occurred.
As discussed, there is no average. In order to recover any money you must first prove that your injuries are "serious" under New York law.
There is always the chance that your injuries will not amount to a serious injury and there is no way to tell until there is more information including objective findings from the MRIs and continued treatment.
My gut feeling is that you have an attorney already. This person is in the best position to give you information on the value of your injuries and the length of time your case will take. However, in my view, any lawyer in this field who promises a recovery amount at an early stage is only guessing and doing them self and their client a disservice.
Yours sounds like a claim with potential. I suggest you continue treatment, listen to your doctors and be patient. If you don't have a lawyer, get one.
It's impossible to answer your question without more details concerning the nature and severity of your injuries, your limitations, time out of work, impact on your life, etc. You need to speak with an attorney in your area concerning the specifics of your case, as case values not only depend on all of the above and more, but also your locale.
While I understand your question, there is no average settlement amount because there are so many variables that go into determining the value of the case. If you have an attorney, your lawyer should be able to assess the value of your case (we give each of our clients a detailed written Case Assessment). If you do not have an attorney, I recommend that you speak to an personal injury attorney experienced with pedestrian cases.
Your address indicates that you live in New York. If this accident occurred in New York, the value of your car accident case depends on three factors:
• The liability of the defendant: What percentage of liability will the defendant bear?
• Probability of Threshold: What is the probability of meeting the serious injury threshold? To collect damages in New York beyond No Fault, New York requires that you’re injuries meet the definition of a serious injury. If they do not meet the serious injury requirements, then the court will dismiss the case.
• The value of the damage: Based on an analysis of the medical records, lost wages, impact on your life and a review of similar cases, what is the value of the damages you have suffered?
As you can see, determining the value of a case is quite complicated. In our cases, we prepare a detailed analysis of liability that determines the range of liability the defendant will bear and the probability for each outcome. Your question says nothing about the liability issues. It is not clear from your description what percentage the defendant will bear, though surely one would fight to hold the defendant 100 percent responsible.
We also analyze the likelihood of meeting the serious injury threshold. Your soft-tissue injuries do not automatically qualify. We work with our nurse to fully analyze medical records and work with our experience of case law to demonstrate how even soft tissue injuries can meet the serious injury threshold.
Finally, one would need to determine the value of your damages and that requires analyzing both the medical records and other damages, such as lost wages. The value of the case will depend on many factors including the impact of the injuries on your life, the length and intensity of treatment, the venue (cases in the Bronx bring larger court awards than cases in Nassau County).
One way to estimate the value of a case is to do the math of multiplying the defendant’s liability by the probability of meeting the serious injury threshold by the value of the damages.
Even after you determine the value of your case, you will need to determine the ability of the defendant to pay. Often times the only money available to pay damages come from the insurance policy.
I hope this helps. As I said in the beginning, if you have a lawyer, you should speak to him or her about these issues. If you do not have an attorney, you should consult a personal injury lawyer as soon as possible. I have attached several articles that will give you more information to consider – see the blue links below.
Every case is different and it is impossible to answer the question you posed. Moreover, no reputable attorney would answer the question without having any idea what your injuries are, what type of treatment you have, or will need in the future, and whether you sustain any additional economic loss such as lost earnings. You would be well served contacting a personal injury attorney to assist you as there a number of issues involved here, some of which you may have addressed already, and some you may not have. First and foremost, a No Fault application must be submitted to the insurance company for the vehicle that struck you within 30 days of the accident or they can deny benefits to you. No Fault is the primary source of payment for the medical expenses you incur as a result of the accident until those benefits are denied. An attorney can help guide you through the process. In order to obtain obtain compensation beyond that which is provided by No Fault, you must prove that you sustained a "Serious Injury" as defined by the insurance law. A "soft tissue" injury may, or may not be a "serious injury". If you can't prove a "serious injury", any claim would likely be dismissed by a Court. I highly recommend that you consult with an attorney as soon as possible.
There is no average amount for such cases - especially since you are in the early stages of treating. You will need to establish that the injuries you sustained meet the NY Serious Injury threshold. We have substantial experience handling such cases and would be pleased to speak with you and answer any questions that you have regarding your accident.
Please call us 800.553.6009
It really depends and no one can answer your question since soft tissue damage is used to describe sprains that fully resolve, to to herniations that cause constant pain. Since the accident just happened you can't predict how you're going to heal. I've seen people treat a week for a soft tissue injury and I've seen people treat years. From what you've posted, it isn't even clear if you have an injury that constitutes a serious injury under 5102 of the insurance law. If it doesn't, you get nothing. Sorry I can't be more specific.
Average amounts are not what you are interested in. You really want to know what is your case worth. That being said value of cases vary according to multiple factors, such as; severity of injury, amount of time out of work, what the diagnostic tests reveal, whether the injury is permanent, liability of the car, amount of insurance the car owner has if any, car owner's insurance company, venue of case, amount of treatment that is medically necessary and reputation of your attorney. You should definitely speak with an experienced personal injury lawyer to get the best results.
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