personal injury attorney

What Is My Personal Injury Case Worth in New York?

If you’ve been injured in an accident in New York, one of the first questions on your mind is likely: “What is my case worth?” It’s a fair question—and an important one. At Pulvers, Pulvers & Thompson, we’ve been helping New Yorkers find answers and justice for over 80 years. We know that after an accident, you’re not just facing physical pain, but also mounting bills, lost work, and a lot of uncertainty about the future. While every case is different, there are some key factors that determine the value of a personal injury claim in New York. Let’s walk through what goes into calculating your case’s worth, and how our team can help you pursue the compensation you deserve.

Understanding Personal Injury Damages

In New York, the law allows injured people to recover “damages”—a legal term for the money awarded to compensate you for your losses. Damages fall into two main categories: economic and non-economic.

Economic Damages

These are the tangible, out-of-pocket costs you’ve incurred because of your injury. They include:

  • Medical Expenses: Hospital bills, doctor visits, surgery, medication, physical therapy, and any future medical care you’ll need.
  • Lost Wages: Income you’ve lost because you couldn’t work, plus any reduction in your future earning capacity if your injury affects your ability to work long-term.
  • Property Damage: For example, if your car was damaged in an accident.
  • Other Out-of-Pocket Costs: Transportation to medical appointments, home modifications, or hiring help for tasks you can no longer do.

Non-Economic Damages

These are the intangible losses that don’t come with a receipt, but are just as real:

  • Pain and Suffering: Physical pain, discomfort, and the impact on your daily life.
  • Emotional Distress: Anxiety, depression, PTSD, and other psychological effects.
  • Loss of Enjoyment of Life: If you can no longer participate in activities you once loved.
  • Loss of Consortium: The impact your injury has on your relationship with your spouse or family.

What Factors Affect the Value of My Case?

No two personal injury cases are exactly alike. The value of your claim depends on several factors, including:

1. The Severity of Your Injuries

Generally, the more serious and long-lasting your injuries, the higher your case value. Catastrophic injuries—like brain injuries, spinal cord damage, or permanent disability—often result in larger settlements or verdicts because they have a profound impact on your life.

2. The Cost of Your Medical Care

All medical expenses, both current and future, are considered. If you require ongoing treatment, rehabilitation, or assistive devices, those costs will be factored into your claim.

3. Lost Income and Earning Capacity

If your injury keeps you out of work for weeks, months, or permanently, you may be entitled to recover not just your lost wages, but also compensation for your reduced ability to earn a living in the future.

4. The Impact on Your Daily Life

How has your injury changed your life? Are you unable to care for your children, participate in hobbies, or live independently? The more your injury disrupts your daily routine, the more compensation you may be entitled to.

5. Liability and Comparative Fault

New York follows a “pure comparative negligence” rule. This means that if you were partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you were found 20% responsible, your award would be reduced by 20%.

6. Insurance Coverage

The amount of available insurance—both yours and the at-fault party’s—can affect your recovery. Sometimes, even if your damages are significant, the available insurance limits may cap what you can actually collect.

7. The Strength of Your Evidence

Clear documentation—medical records, accident reports, witness statements, photos, and expert testimony—can make a big difference in the outcome of your case.

Types of Cases We Handle

At Pulvers, Pulvers & Thompson, we represent clients in a wide range of personal injury matters, including:

Each type of case comes with its own considerations, but our approach is always the same: listen, investigate, and fight for the best possible outcome for you.

How Are Pain and Suffering Calculated?

There’s no simple formula for putting a dollar amount on pain and suffering. Unlike medical bills or lost wages, these damages are deeply personal and subjective—they reflect the real, lived impact of your injuries on your daily life, your relationships, and your sense of well-being. Because of this, insurance companies and courts use a variety of methods to arrive at a fair figure.

Common Approaches:

Multiplier Method: This is one of the most widely used approaches. Here, your total economic damages (such as medical expenses and lost wages) are multiplied by a number—typically between 1.5 and 5. The multiplier is chosen based on the severity and permanence of your injuries, the length of your recovery, and how much your life has been disrupted. For example, a broken arm that heals in a few weeks might warrant a lower multiplier, while a traumatic brain injury with lifelong consequences would justify a much higher one.

Per Diem Method: In this approach, a specific dollar amount is assigned to each day you experience pain and suffering, from the date of the accident until you reach maximum medical improvement. For instance, if $200 per day is deemed reasonable and your recovery takes 180 days, your pain and suffering damages would total $36,000. The challenge here is justifying the daily rate, which is often based on your daily earnings or the nature of your suffering.

What Influences the Value?

  • Nature and Severity of Injuries: Chronic pain, permanent disability, disfigurement, or loss of mobility will increase the value of pain and suffering damages.
  • Length of Recovery: The longer your recovery, the greater the impact on your life—and the higher your potential compensation.
  • Impact on Daily Life: If your injuries prevent you from working, caring for your family, or enjoying hobbies and activities, these losses are factored in.
  • Emotional and Psychological Effects: Anxiety, depression, PTSD, and loss of enjoyment of life are all considered.
  • Credibility and Documentation: Detailed medical records, therapy notes, personal journals, and testimony from friends, family, or mental health professionals can all help substantiate your claim.

The Human Element

It’s important to remember that pain and suffering are not just numbers—they’re about your story. How has your injury changed your life? What have you lost, and what challenges do you face every day? At Pulvers, Pulvers & Thompson, we take the time to understand your experience and present it powerfully to insurance companies or, if needed, to a jury. Ultimately, the value of pain and suffering is influenced by the specifics of your case, the skill and reputation of your legal team, and sometimes, the willingness to go to trial if a fair settlement isn’t offered. Insurance companies may try to minimize these damages, but with experienced advocates on your side, your voice—and your suffering—will be heard and respected.

Don’t Leave Your Future to Chance. Trust 80+ Years of Experience

For over 80 years, Pulvers, Pulvers & Thompson has been a trusted advocate for injury victims across New York. Our attorneys know how to build strong cases, negotiate with insurance companies, and—when necessary—stand up for you in court. But most importantly, we treat every client as a person, not a case number. You deserve respect, compassion, and real results.

If you’ve been injured and are wondering what your case might be worth, don’t navigate this alone. Contact us today for a free, confidential consultation. We’ll listen to your story, answer your questions, and help you understand your options—so you can focus on healing while we focus on fighting for you.

This blog post is for informational purposes only and does not constitute legal advice. For advice regarding your specific situation, please contact our office directly.