Settlement Ranges by Injury Type
The following ranges reflect historical settlement data for New York City and Fulton County motor vehicle accident cases, sourced from New York court records and verified by a licensed New York attorney. Amounts vary significantly based on liability, insurance coverage, and case-specific factors. New York's modified comparative fault rule (CPLR § 1411 (pure comparative fault)) bars recovery if you are 50% or more at fault — making attorney representation critical in contested liability cases.
Soft Tissue (Whiplash)
Minor/Moderate$5,000 – $25,000
Broken Bones / Fractures
Moderate$30,000 – $100,000
Spinal Fusion / Surgery
Severe$125,000 – $600,000
Traumatic Brain Injury (TBI)
Catastrophic$250,000 – $2M+
Source: New York court records — Fulton County civil case data (2025–2026) · Reviewed by David H. Perecman, J.D. · 1453588
What affects your settlement amount in New York?
- Severity and type of injuries sustained
- Your fault percentage — CPLR § 1411 (pure comparative fault) bars recovery at 50% or more
- Insurance policy limits of the at-fault driver ($25k/$50k/$25k New York minimums)
- Medical expenses, lost wages, and non-economic damages (pain and suffering)
- Liable party (individual driver, employer, rideshare company, trucking firm, etc.)
- Bad faith leverage — NY Insurance Law § 5106 allows 50% penalty + attorney fees if insurer unreasonably denies a valid claim
- Settlement multiplier range: 1.5x–5x special damages