Average whiplash lawsuit settlement in NY?

Question

I was in a car accident that left me out of work for 6 months. Does anyone know what the settlement for this kind of thing usually is? Thanks so much

Answer 1

$1,000,000!!!

j/k

it depends on how much you make if you could work. so you will basically get your paycheck plus a little compensation.

Answer 2

NY has a "serious" injury threshold.  Since you were out of work for six months, then it is likely you will pierce the threshold.  However, the adjuster will likely challenge your total disability, and argue that you are not tort eligible.  

I assume that most of your meds and lost wages have been paid by your PIP coverage.  It is hard to imagine that a soft tissue injury would keep you out of work for six months.  Expect the adjuster handling your claim to get a medical review and dispute your total disability.  

Assuming you have reached a medical end result, the case will be evaluated based on the nature and extent of your injury, treatment and disability.  You did not indicate what kind of work you do, how this injury allegedly effect your daily activities, and whether or not you were left with a permanency.   If you contributed to your injuries, your comparative negligence will be deducted from the full value.

Case value varies hugely between the jurisdictions in NY.   An injury settlement in upstate NY will not come close to the same injury settlement in the any of the boroughs(plaintiff friendly).  

It is difficult to place a value on your potential claim, since the medical records are unavailable for review.  

However, if you live in one of the boroughs,  expect a settlement some where in the range of $17k - $24k.

Edit - had to change the numbers. I did not consider your total disability if it is actually verified.