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June 30, 2024 | Car Accidents

Average Settlement For a Broken Bone in a Car Accident (NY)

In New York, the average settlement for a broken bone resulting from a car accident ranges between $15,000 and $200,000.

Nevertheless, we have secured the following settlements, surpassing these averages significantly:

  • $1.8 million: Car accident settlement for a driver who underwent several surgeries on his right knee, including a total knee replacement.
  • $1 million: Successful settlement for a driver who was rear-ended and sustained a back injury requiring surgery.

In our experience, compensation can fluctuate depending on factors such as the severity of the fracture, necessary treatment, and how it affects the victim's daily life.

For example, a straightforward fracture may yield a lesser settlement than a complex fracture, necessitating surgery and prolonged rehabilitation. Additionally, the liable party's insurance coverage and the victim's ability to resume work are influential factors.

Take the first step towards securing the compensation you deserve by contacting a car accident lawyer in NYC today. With our dedicated legal team on your side, you can navigate the complexities of your case with confidence. 

Broken bone compensation amounts in more detail

Here, we'll take a closer look at the compensation amounts for broken bones, offering detailed insights into how factors like injury severity, required treatment, and overall impact on your life can influence the settlement you may receive. 

Broken clavicle

The average settlement amount for a broken clavicle in a car accident in NY typically ranges from $15,000 to $40,000.

Factors that could influence this figure encompass:

  • The exact location and type of fracture
  • Whether the fracture is open or closed
  • Whether there are any associated injuries or complications
  • The individual's age and overall health
  • Any pre-existing conditions that may affect healing.
  • Level of pain and suffering experienced
  • Duration of rehabilitation
  • Necessity for ongoing medical care

Broken leg

The average settlement amount for a broken leg in a car collision in NY typically ranges from $40,000 to $100,000.

Specific situations that might influence this amount include the location and severity of the fracture, whether surgery is required, the extent of medical treatment needed, any resulting permanent impairment, and the impact on the victim's ability to work and perform daily activities. 

Broken leg with surgery

In our experience, settlements for a broken leg with surgery after a car accident are between $75,000 and $200,000.

This compensation is intended to cover various damages, including medical expenses related to the surgery, hospitalization, rehabilitation, and follow-up care. Additionally, it may include compensation for pain and suffering, lost wages during recovery, and any permanent impairment resulting from the injury.

Broken arm

Expect an average settlement for a broken arm after a car accident in NY to be between $35,000 and $90,000.

This money typically covers medical expenses, pain and suffering, and any impact on the victim’s daily life. Cases involving multiple fractures or complications may result in higher payouts, especially if the injuries affect lung function or cause internal damage.

Ribs

For broken ribs, the average settlement amount in NY tends to range from 15,000 to $100,000

Cases where there are multiple rib fractures, or complications arise may result in higher payouts, particularly if the injuries affect lung function or cause other internal damage. Factors such as the severity of the injury, medical expenses incurred, lost wages, and other damages can influence this amount. 

What is the average settlement for a broken foot?

The average settlement for a broken foot in a car collision usually ranges from $33,000 to $86,000.

This compensation addresses various aspects of the injury, including medical expenses, pain and suffering, and any resulting lifestyle alterations. Specific factors may influence this range, such as the severity of the fracture, the extent of medical treatment required, and the impact on the victim's ability to perform daily activities.

Additionally, complications arising from the injury, such as long-term disability or needing ongoing medical care, may lead to higher settlements. 

Average payout for a broken hip

Average settlement amounts for a broken hip in a car accident in NY typically range from $150,000 upwards

With this money, victims can cover various damages, including medical expenses, pain and suffering, and any lifestyle disruptions resulting from the injury. Additionally, factors such as the severity of the fracture and its impact on the victim's long-term mobility and well-being may influence the final settlement amount.

Sacrum fracture settlement

in our experience, the average settlement amount for a broken hip in a car accident in NY typically ranges from $85,000 to $167,000.

Specific factors may influence the settlement amount for a sacrum fracture case. These factors include the severity of the fracture, the extent of medical treatment required (such as surgery or physical therapy), the impact on the victim's ability to work and perform daily activities, and any resulting permanent impairment or disability.

Additional reading: no-fault car accident settlement in NY

How to maximize a settlement amount

How to maximize a settlement amount

Achieving the highest possible settlement for your personal injury case requires a strategic approach. Follow these steps to ensure you're well-prepared to pursue the compensation you deserve:

  1. Gather Comprehensive Evidence: Collect all relevant evidence related to your collision, including photos, witness statements, medical records, and any documentation of damages or losses incurred.
  2. Seek Medical Treatment Promptly: Documenting your injuries and following through with prescribed treatment plans strengthens your case.
  3. Keep Detailed Records: Maintain organized records of all medical expenses, lost wages, property damage, and other accident-related costs. These records provide concrete evidence of your financial losses.
  4. Consult with a Skilled Attorney: Partner with an experienced personal injury attorney specializing in maximizing settlements. They can assess the strength of your case, negotiate with insurance companies on your behalf, and provide valuable legal guidance throughout the process.
  5. Avoid Settling Too Quickly: While accepting the first settlement offer may be tempting, it's often in your best interest to wait for a fair offer that adequately compensates you for your injuries and losses.
  6. Consider Long-Term Damages: Factor in the potential long-term effects of your injuries, such as ongoing medical treatment, rehabilitation, and future lost wages. Your attorney can help calculate the full extent of your damages to ensure you receive appropriate compensation.
  7. Negotiate Effectively: Engage in negotiation with insurance adjusters or opposing parties to secure the maximum settlement amount. Your attorney can advocate and leverage their knowledge of personal injury law to achieve the best possible outcome.

General factors influencing settlement values

Several factors can significantly impact the value of a settlement in a personal injury case:

  • Severity of injuries
  • Medical expenses
  • Lost wages and income
  • Property damage
  • Liability and negligence
  • Pain and suffering
  • Insurance coverage
  • Jurisdiction and legal precedent

Below, we will go over each in more detail to understand how they influence your compensation. 

Severity of injuries

More severe injuries, such as fractures, traumatic brain injuries, or spinal cord injuries, typically result in higher compensation due to increased medical expenses, longer recovery times, and potential long-term effects on the victim's life.

Medical expenses

The total cost of medical treatment, including medical bills, surgeries, medications, rehabilitation, and ongoing care, directly influences the settlement amount. Detailed documentation of all medical expenses is essential for accurately assessing economic damages and negotiating a fair settlement.

Lost wages and income

If the injuries sustained in the collision prevent the victim from working or result in a loss of income, compensation may be awarded for past and future lost wages. Factors such as the victim's salary, employment history, and earning capacity are considered when calculating this aspect of the settlement.

Property damage

The cost of repairs or replacement, as well as any associated expenses such as towing or rental car fees, should be included in the settlement compensation.

Liability and negligence

If the defendant's actions directly caused the accident and resulting injuries, they may be liable for damages. The strength of evidence supporting liability and negligence significantly impacts the settlement value of broken bone claims.

Pain and suffering

Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are subjective but significant factors in determining settlement values. These damages seek to compensate the victim for the physical and emotional toll of the accident on their life.

Insurance coverage

The insurance policies of the at-fault party, as well as the victim's own insurance coverage, can impact settlement negotiations. Understanding the limits and provisions of these policies is essential for accurately valuing the claim and determining the available compensation.

New York car accident laws affecting settlements

NY state laws shape the settlement process, from how insurance works to filing deadlines and the required insurance coverage. 

  1. No-Fault Insurance: In New York, the no-fault insurance system dictates car accident settlements, where each driver's insurance company covers their medical expenses and lost wages, irrespective of fault. Severe injuries meeting specific thresholds may allow individuals to sue the at-fault driver for additional damages. No-fault insurance primarily addresses personal injury expenses, excluding vehicle repairs or property damage.
  2. Statute of Limitations: The statute of limitations for filing a personal injury claim in New York is typically three years from the accident date, though certain circumstances can alter this timeframe.
  3. Mandatory Insurance Coverages, such as UM/UIM: New York mandates liability insurance for all drivers, with minimum coverage limits of $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage. Meeting these minimum requirements is vital for pursuing additional damages post-accident. However, further compensation may be available for damages exceeding these limits or for specific injuries like significant disfigurement or permanent loss of organ use.

Additionally, specific situations like pedestrian accidents require unique consideration. This is why having the assistance of a lawyer in New York can help your car accident lawsuit, regardless of the cause.

Additional reading: pedestrian hit by car: what to do

The settlement process for broken bone claims

Let's take a closer look at each step:

1. Initial case evaluation

Before initiating the settlement process, gather all relevant evidence, including medical records, accident reports, witness statements, and documentation of damages. Additionally, consulting with a knowledgeable personal injury attorney can provide valuable insights into the strength of your case and potential strategies for maximizing your compensation.

During the initial case evaluation, your attorney will assess your accident's circumstances, the extent of your injuries, and the impact on your life. This evaluation serves as the foundation for building a strong case and pursuing the compensation you deserve.

2. Demand letter

Once your case has been evaluated, your attorney will draft a demand letter outlining the details of your claim and the compensation you are seeking. This letter is typically sent to the at-fault party or their insurance company and serves as a formal request for compensation. It includes a detailed explanation of the accident, the injuries sustained, medical treatment received, and associated expenses.

The demand letter also presents supporting evidence, such as medical records, bills, receipts, and any other documentation relevant to your claim. It provides an opportunity to negotiate a settlement without litigation, demonstrating your willingness to resolve the matter amicably while advocating for fair compensation.

3. Negotiation

After the demand letter is submitted, negotiations with the opposing party or their insurance adjusters commence. This stage involves back-and-forth discussions aimed at reaching a mutually agreeable settlement. Your attorney will represent your interests throughout the negotiation process, advocating for maximum compensation based on your case's merits and the extent of your injuries.

Negotiations may involve multiple rounds of offers and counteroffers, with each party assessing the strengths and weaknesses of the opposing arguments. Your attorney will leverage their knowledge of personal injury law and experience in negotiation to push for a favorable settlement that adequately compensates you for your injuries and losses.

4. Settlement Agreement

If a settlement is reached through negotiation, the terms of the agreement are documented in writing, and both parties sign the settlement agreement. This document outlines the agreed-upon compensation amount, any conditions or stipulations, and the timeframe for payment. Once the settlement agreement is executed, the case is resolved, and you receive the compensation owed to you.

The settlement agreement closes the legal proceedings, allowing you to move forward with your life, knowing that your financial needs have been addressed. Your attorney will ensure that the terms of the agreement are fair and favorable to you before finalizing the settlement.

How we can help

At Ajlouny Injury Law, we understand your challenges and are committed to being your steadfast advocates. Our team of experienced New York car accident lawyers is dedicated to fighting tirelessly for the compensation you rightfully deserve.

With us by your side, you can rest assured that your rights will be protected, and we will work diligently to secure the financial recovery you need to move forward confidently. Don't face this difficult time alone. 

Contact us today for a free consultation, and let us guide you through the legal process with compassion and expertise.

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