What is my personal injury claim worth?

The answer to this question is very subjective - it is based on your unique circumstances. Let's look at some of the applicable factors.

Economic damage

Economic damages, also known as special damages, refer to clear, calculable losses/costs resulting from your accident and subsequent injuries.

• Current and future medical bills: Expenses for diagnosis, care and treatment of your injury as a result of an accident


• Lost income/earning capacity: The wages you lost as a result of your injury and the expected future loss of income, if any


• Miscellaneous financial losses: Other out-of-pocket expenses caused by your injury, such as home assistance expenses and transportation costs incurred to get your necessary medical care


• Property damage: This may apply in car accidents

These costs are easiest to determine in a personal injury claim.

Non-economic damage

These non-economic general damages are more complex and difficult to calculate. Careful documentation can support your case in claiming this immaterial damage. Some examples are:

• Pain and suffering


• Emotional Distress


• Decreased quality of life


• Permanent deformity


• Permanent disability


• Loss of company/consortium


• Psychological/mental disability

The recovery of punitive damages may also be possible under non-economic damages, but is extremely rare in New York.

Fault and Contributing Negligence

What if you are partly to blame for your accident? For example, you were injured in a car accident because the other driver ran a red light. If you were speeding, which helped you stop in time to avoid the collision, you may be partly to blame for the accident.

The law still allows you to claim damages, but the amount you may be awarded will be reduced by your debt percentage. Section 14-A, Section 1411 of the New York Civil Practices Laws and Regulations addresses co-responsible negligence in personal injury cases.

To block

Each case includes an assessment of these individual criteria to help determine the monetary value of the claim. Then, various methods and valuation models are applied to help calculate the dollar amounts of the non-economic losses.

Don't worry if you have any questions. At Mejias Milgrim Alvarado, we have experience handling personal injury claims and litigation in New York. Get in touch to request a consultation and discuss your case with our responsive legal team.

In 2013, Dave was recognized as a Top Ten Legal Eagle by Long Island Pulse, winning the Family Law category. Awardees are recognized by a select group of attorneys who evaluate the expertise and skills of their peers in Nassau and Suffolk counties.