Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the average settlement for a back injury in New York?
There is no single average because back injury settlements depend on the severity of the injury, the cost of past and future medical treatment, lost wages, and the degree of the defendant’s negligence. Minor soft-tissue injuries may settle for tens of thousands of dollars, while herniated discs, nerve damage, or injuries requiring surgery can result in six- or seven-figure settlements. An attorney can evaluate the full value of your specific claim.
What factors affect a back injury settlement amount in NY?
Key factors include the type and severity of the injury (herniation, fracture, spinal cord damage), the amount of medical bills incurred and projected future care costs, whether the injury caused permanent disability or reduced earning capacity, and comparative fault. New York follows a pure comparative negligence rule, meaning your recovery is reduced by your percentage of fault but not eliminated even if you were partly to blame.
How long do I have to file a back injury lawsuit in New York?
Under CPLR §214, New York gives you three years from the date of the accident to file a personal injury lawsuit. Missing this deadline almost always bars your claim entirely, no matter how serious your injuries. If the injury resulted from medical malpractice or a claim against a government entity, shorter deadlines apply, so consult an attorney as soon as possible.
Should I accept the first settlement offer after a back injury?
In most cases, no. Insurance companies often make early low-ball offers before the full extent of a back injury is known. Back injuries can worsen over time, and accepting a quick settlement means signing away your right to future compensation. An experienced NY personal injury attorney can assess whether an offer reflects the true value of your medical costs, lost income, and pain and suffering.