How Much Is the Average Payout for a Spinal Injury in NY?

When these catastrophic spinal cord injuries occur due to someone else's negligence, victims face not only physical challenges but also significant financial burdens. The road to recovery often involves extensive medical treatment, multiple surgeries, and long-term care that can cost millions of dollars over a lifetime.

In this blog post, our qualified spinal cord injury lawyers break down the factors that influence spinal injury settlements in New York.

What Is the Average Settlement for SCI in NY?

The average settlement for spinal cord injury cases in New York typically ranges from $50,000 to $15 million. The unique circumstances of each case will dictate the value. It's important to note that no personal injury attorney can guarantee a specific settlement amount, as insurance companies evaluate each spinal cord injury claim individually based on medical evidence, economic losses, and other case-specific factors. Also, if the case doesn’t settle and goes to trial, no one can predict what a jury will do.

At Fellows Hymowitz Rice, we have secured significant awards for our clients, including:

• $1.3 million settlement for a 16-year-old who sustained a spinal cord injury in a car accident after being illegally sold alcohol.
• $750,000 settlement for two people who suffered neck and back injuries requiring spinal surgery after their car was struck by a tractor-trailer.
• $525,000 settlement for a woman who sustained back injuries requiring spinal surgery after a rear-end car accident.

Average Payout Ranges for Different Types of Spinal Injuries

The settlement amount for spinal injuries varies dramatically based on the type and severity of the injury. Personal injury lawyers typically categorize these injuries into several groups when evaluating potential compensation.

Soft Tissue Injuries (Sprains and Strains)

Soft tissue spinal injuries, including muscle sprains and ligament strains, generally result in settlements ranging from $15,000 to $75,000. These injuries often heal within weeks or months with proper medical treatment and physical therapy. While these injuries cause significant physical pain and may require time off work, they typically don't result in permanent disability or require extensive medical care.

The settlement amount for these injuries primarily covers medical expenses, lost wages during recovery, and compensation for pain and suffering experienced during the healing process. Most soft tissue injury cases resolve relatively quickly, as the injury affects the victim's life for a shorter duration.

Disc Herniations and Bulges

Disc herniations and bulges represent more serious spinal injuries that often require surgical intervention. These cases typically settle for $100,000 to $500,000, though settlements can reach higher amounts when spinal surgery is necessary or when the injury results in chronic pain and long-term limitations.

When a herniated disc compresses nerve roots or the spinal cord itself, victims may experience radiating pain, numbness, and weakness down their arms or legs that significantly impacts their daily activities. Cases requiring multiple surgeries or resulting in failed back surgery syndrome often command higher settlement amounts due to the ongoing medical costs and reduced quality of life.

Fractures and Spinal Cord Injuries

Spinal fractures and complete spinal cord injuries represent the most severe category, with settlements typically ranging from $1 million to over $15 million. These catastrophic spinal cord injuries often result in permanent paralysis, requiring lifetime medical care and extensive modifications to the victim's living situation.

A severe injury involving damage to the cervical spine can result in quadriplegia, while injuries to the lower spinal cord may cause paraplegia. These injuries require immediate emergency medical treatment, lengthy hospital stays, rehabilitation programs, and ongoing care from medical professionals throughout the victim's lifetime.

Key Factors That Influence Spinal Injury Payouts in New York

Multiple factors determine the final settlement amount in spinal cord injury lawsuits. Personal injury lawyers must carefully evaluate each element to build a strong case for maximum compensation.

• Medical expenses: Covers both past and future medical costs, including emergency treatment, surgical procedures, hospital stays, rehabilitation services, physical therapy, and ongoing medical care. For catastrophic spinal cord injuries, lifetime costs can exceed several million dollars.
• Severity of the injury: Complete spinal cord injuries typically result in higher settlements than incomplete injuries. Cervical spine injuries generally command higher settlements than lower spinal injuries due to more extensive paralysis and functional limitations.
• Lost Income and earning potential: Accounts for immediate lost wages and reduced future earning capacity. For younger victims, lost wages can represent millions in economic damages, especially when job retraining or career changes are necessary.
• Pain and suffering: Compensates for physical pain, emotional trauma, and reduced quality of life. Courts consider the victim's age, permanence of condition, and impact on relationships when calculating these non-economic damages.
• Impact on daily life: Addresses the transformation of daily routines and independence levels, including costs for adaptive equipment, home modifications, and personal care assistance.
• Comparative negligence: New York's system may reduce settlements if the injured person bears partial responsibility for the accident. For example, a victim found 20% at fault would see their settlement reduced by 20%.
• Insurance policy limits: Available coverage from the at-fault party can constrain settlement amounts, even in severe injury cases with damages exceeding policy limits.
• Age and health: Younger victims typically receive higher settlements due to longer life expectancies with their injuries. Pre-existing conditions may complicate cases as insurance companies argue these contributed to injury severity.

How Fellows Hymowitz Rice Can Help You

When facing the aftermath of a spinal cord injury, experienced spinal cord injury attorneys make a significant difference in securing maximum compensation for injury victims.

• Thorough case investigation: We conduct comprehensive investigations, gathering evidence, interviewing witnesses, and working with accident reconstruction specialists to build strong cases.
• Medical expert collaboration: Our team works closely with medical professionals who provide detailed testimony about your injuries, prognosis, and future medical needs.
• Comprehensive damage calculation: We partner with economists, life care planners, and vocational rehabilitation specialists to accurately project lifetime costs associated with your injury.
• Insurance company negotiations: Our experienced attorneys handle all communications with insurance companies, countering tactics designed to minimize payouts with compelling evidence supporting your claim.
• Contingency fee representation: We work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your case.

If you or a loved one has suffered a spinal cord injury due to someone else's negligence, contact Fellows Hymowitz Rice for a free consultation. Our experienced team will evaluate your case and provide honest guidance about your legal options.

When the Stakes Are High, We Deliver

Spinal cord injury settlements vary widely based on injury severity, individual circumstances, and available insurance coverage. While average settlement figures provide guidance, each case requires thorough evaluation by qualified spinal cord injury attorneys to determine its true potential value.

If you're dealing with a spinal cord injury caused by another party's negligence, contact us today. Our experienced personal injury lawyers will provide a free consultation to assess your case and fight for the fair compensation you deserve.