New York Personal Injury
Settlement Calculator

How Personal Injury Settlements Are Calculated in New York

When you're injured due to someone else's negligence in New York — whether on Long Island, in Nassau County, Suffolk County, Queens, Brooklyn, or anywhere in the state — your settlement is typically composed of two categories of damages: economic damages (quantifiable losses like medical bills and lost wages) and non-economic damages (pain and suffering, emotional distress, and loss of enjoyment of life). Whether your case involves a car accident on the LIE, a slip and fall at a retail store, or medical malpractice, the calculation methods are largely the same.

The Multiplier Method

The most widely used approach by insurance companies and attorneys. Your total economic damages are multiplied by a factor between 1.5 and 5+ based on injury severity. A broken arm from a bicycle accident might warrant a 2x multiplier, while a traumatic brain injury from a truck accident could justify 5x or higher. Insurance companies use proprietary software like Colossus and ClaimIQ that internally applies this method — but typically with conservative multipliers designed to minimize payouts.

The Per Diem Method

An alternative approach that assigns a daily dollar amount to your pain and suffering, then multiplies by the number of days you're affected. The daily rate is often based on your daily earnings. This method can be particularly effective for catastrophic injuries with extended recovery periods where the multiplier approach seems to undervalue prolonged suffering.

New York's Serious Injury Threshold

New York's no-fault insurance system means that for motor vehicle accidents, you must meet the "serious injury" threshold under Insurance Law §5102(d) to sue for pain and suffering. This threshold applies to car accidents, truck accidents, pedestrian accidents, and bicycle collisions. Qualifying conditions include fractures, significant disfigurement, permanent limitation, or a medically determined injury that prevents daily activities for at least 90 of the first 180 days. Approximately 40% of potential NY lawsuits are eliminated by this requirement.

Settlement Values by Accident Type

Your accident type significantly affects the settlement range. Truck accident settlements in New York average 45% higher than standard car accident cases due to greater severity and commercial insurance policy limits. Medical malpractice cases carry a 50% premium reflecting the complexity of proving negligence. Wrongful death claims involve entirely different damage calculations including loss of future earnings, loss of consortium, and funeral costs.

Why New York Settlements Are Higher

New York settlements average $287,000 — roughly 843% above the national average. This reflects higher medical costs, the cost of living in the NY metropolitan area, jury attitudes in Nassau, Suffolk, Queens, Kings, and New York counties, and a legal framework that allows broad categories of recoverable damages. Our calculator factors in this NY premium automatically.

Comparative Negligence in New York

Under CPLR §1411, New York follows pure comparative negligence. Your award is reduced by your percentage of fault, but you're never completely barred from recovery. This is especially relevant in pedestrian accident cases and slip and fall claims where insurers aggressively argue shared fault. If you're 20% at fault in a $500,000 case, you'd recover $400,000.

When to Consult an Attorney

This calculator provides a useful starting point, but insurance companies employ teams of adjusters and attorneys to minimize your claim. An experienced personal injury lawyer can evaluate the specific facts of your case, identify damages you may not have considered, and negotiate against lowball offers. At the Law Office of Jason Tenenbaum, we offer free case evaluations with no obligation — you pay nothing unless we recover compensation for you.

Settlement Values by Area: Long Island, NYC & New York

Settlement values vary significantly across New York's counties and courthouses. Understanding these regional differences is critical when estimating your case value.

Nassau County Settlement Calculator

Nassau County jurors are known for generous personal injury awards. The county's median household income — among the highest in New York — translates to higher jury expectations for pain and suffering damages. Car accidents on the Northern State Parkway, Southern State Parkway, and LIE (I-495) through Hempstead and Massapequa frequently produce settlements 15–25% above statewide averages. Slip-and-fall cases at Nassau County shopping centers and commercial properties often settle favorably due to strict premises liability enforcement.

Suffolk County Settlement Calculator

As the largest suburban county in New York, Suffolk County sees a high volume of motor vehicle accidents on Sunrise Highway, Route 110, and the Long Island Expressway through Huntington, Babylon, Brookhaven, Islip, and Smithtown. Suffolk County Supreme Court has historically awarded strong verdicts in trucking accidents and catastrophic injury cases. Deer Park and surrounding areas on Route 231 are accident hotspots where our firm regularly recovers above-average settlements.

Queens & Brooklyn Settlement Calculator

The Queens and Brooklyn (Kings County) courts are among the busiest in New York, with diverse jury pools that often produce strong plaintiff verdicts. Pedestrian accidents are particularly common in these dense urban areas, and jury awards reflect the severity of injuries in high-traffic zones. Medical malpractice verdicts in Kings County hospitals have historically been among the highest in the state.

Manhattan, Bronx & Staten Island

Manhattan (New York County) and the Bronx are known for some of the highest jury verdicts in the country. Bronx juries, in particular, have a reputation for large pain-and-suffering awards, especially in truck accident and wrongful death cases. Staten Island (Richmond County) sees comparatively fewer filings but awards comparable to other NYC boroughs.

Westchester County & Upstate New York

Westchester County settlements reflect a blend of suburban and urban dynamics, with jurors who understand both high-income loss claims and serious physical injuries. For those in upstate New York, while jury pools may trend more conservative, strong liability cases still produce significant recoveries — particularly in medical malpractice and product liability matters.