See awards and settlements made to New York car accident victims. Find sample cases similar to yours.

On average, more than 148,000 New York State residents end up in the hospital or emergency department every year because of traffic accidents.¹

The average car accident settlement for a moderate injury claim in New York is $42,941. Average payouts range from $8,156 for minor injuries to $921,582 for severe injuries.

Average New York Car Accident Settlement Amounts

We analyzed a sample group of personal injury cases filed in New York courts arising from different types of vehicle accidents. Each plaintiff in the sample group received a court award or settled their claim before trial.

Average Payout by Severity of Injury
Minor Injury	$8,156
Moderate Injury	$42,941
Severe Injury	$921,582
Payout Range by Type of Accident
Rear-End Collisions	$1,945 - $4,303,370
Side-Impact Collisions	$2,100 - $1,015,000
Head-On Collisions	$11,884 - $2,827,117

This group of New York accident cases has a wide range of payouts for a variety of injuries, from mild sprains to permanently disabling back injuries. Most car accident victims can expect to settle their claims in the moderate range.

Neck and back injuries are very common in all kinds of accidents, and many victims suffer more than one kind of injury. Car accident payouts are meant to compensate a victim for all their damages, not just one injury.

How Car Accident Settlements Are Calculated

New York is a no-fault auto insurance state. When you’re injured in a car accident, you must first rely on the Personal Injury Protection (PIP) coverage under your own policy, no matter who caused the accident. The driver’s PIP covers everyone in the vehicle.

Drivers must carry at least $50,000 in basic PIP coverage.

You can expect your PIP benefits to cover:

• Reasonable medical and remedial treatment expenses
• 80 percent of lost wages, up to $2,000 per month for three years
• Replacement services, up to $25 per day for up to one year

PIP does not cover:

• Non-economic damages like pain and suffering
• Amounts that are offset by Medicare, Social Security Disability, or Worker’s Comp

In a no-fault state, you can’t file a claim against the at-fault driver unless your injuries exceed a certain threshold. When your injuries exceed the no-fault threshold, you can seek full injury compensation from the at-fault driver, including pain and suffering.

Serious injuries that exceed the no-fault threshold include:

• Death
• Dismemberment or disfigurement
• Fractures
• Death of your unborn child
• Permanent limitation on the use of a body part
• A non-permanent injury impacting your activities of daily living for 90 days or more

Only an experienced personal injury attorney can determine a fair settlement for serious injuries. Severe injury claims include costs for future medical treatment, rehabilitation, loss of earning capacity, and the injured person’s pain and suffering.

Other factors that influence injury payouts in New York:

• No-Fault Threshold –  You can sue the at-fault driver for all your damages, including pain and suffering, for serious injuries that exceed the no-fault threshold
• Shared Fault – New York is a pure comparative fault state. This means you can pursue compensation from the other party, for injuries that exceed the no-fault threshold, so long as you aren’t the only one to blame for the accident.  Your payout will be reduced according to your portion of fault.
• Auto Policy Limits – New York requires all drivers to carry no less than $50,000 in Personal Injury Protection (PIP) and liability coverage of at least $25,000 per person/$50,000 per accident for bodily injuries, and $10,000 for property damage.
• Uninsured/Underinsured – New York requires drivers to have uninsured motorist coverage equal to the liability limits of the policy.
• Punitive Damages – Punitive damages in New York can only be awarded when a court finds the defendant guilty of “willful and wanton disregard” for the safety of others. There or no caps on punitive damages in New York State.
• Commercial Policies – When the at-fault driver owned or was driving a commercial vehicle, like a tractor-trailer or work truck, higher insurance limits are available for serious injuries.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are typically soft-tissue bumps, bruises, abrasions, sprains and strains. The injured person may be stiff and sore enough to miss a few days of work and can expect a full recovery within a few weeks.

Award for Head and Shoulder Injuries

Type of Injury: Shoulder injury-a torn rotator cuff; soft tissue right leg and head injuries; cervical strain; and contusions
Type of Accident: Rear-end
Award/Settlement Amount: $1,945
Case Summary: Plaintiff stopped for a red light at an intersection and was rear-ended by Defendant. Plaintiff alleged defendant failed to stop in time to avoid this accident, was driving too close to the vehicle in front of him, failed to keep a proper lookout, and was traveling at an unreasonable rate of speed. Plaintiff claimed he sustained a torn rotator cuff; soft tissue right leg and head injuries; cervical strain; and contusions. Defendant did not deny that he struck plaintiff’s vehicle, but disputed that he was negligent in doing so. He also disputed the extent of plaintiff’s injuries. Jury returned a verdict of $ 1,945 in favor of the plaintiff, who had previously rejected a $20,000 offer of compromise.
Location: Suffolk County, New York
Case Name and Docket Number: Esposito v. Fitzgerald, 33542/2011

Small Jury Verdict for Plaintiff

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $2,100
Case Summary: Plaintiff was traveling south on a road consisting of two lanes in each direction. Plaintiff was in the right southbound lane. Defendant was traveling on the same road and in the same direction as the plaintiff. A car ahead of the plaintiff was double parked in the roadway so plaintiff pulled into the left lane to pass the parked vehicle. Defendant crossed over the double yellow center line and attempted to pass plaintiff as she was traveling in the left lane. Defendant then crossed back over into the left southbound lane to avoid oncoming traffic, but sideswiped plaintiff’s car. Plaintiff sustained soft tissue neck and back injuries. Defendant contended that he had no choice but to pull into the oncoming lanes of traffic because plaintiff cut him off when she pulled into the left lane. Jury returned a plaintiff verdict for $2,100.
Location: Bronx County, New York
Case Name and Docket Number: Dominguez v. Mendez, 28874/2015E

Defendant Disputes Damages from Low-Impact Collision

Type of Injury: Soft tissue neck and back injuries; and myofascial pain syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $2,835
Case Summary: Plaintiff came to a stop and was rear-ended by defendant. Plaintiff alleged that defendant failed to keep a proper lookout. Plaintiff also claimed to have sustained soft tissue neck and back injuries as a direct result of this accident. Plaintiff claimed medicals of $8,633. Defendant contended that plaintiff started into the intersection and then suddenly stopped again. Defendant also disputed that this minor impact could have caused the injuries claimed by plaintiff. Jury returned a $2,835 verdict for plaintiff.
Location: Ontario County, New York
Case Name and Docket Number: Tejerina v. Poncet, 0014011/2008; 14011/2008

Plaintiff’s Injuries Challenged by Defendant

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $4,398
Case Summary: Plaintiff, a martial arts instructor, came to a stop for a school bus and was rear-ended by defendant. Liability was admitted. Plaintiff alleged that he suffered permanent soft tissue neck and back injuries as a direct result of this accident. Defendant presented evidence of prior chiropractic treatment and asserted that plaintiff’s injuries were pre existing. Plaintiff, however, denied any prior injuries, claiming that he received previous chiropractic treatment for occupational daily maintenance. Jury awarded $4,398 to plaintiff.
Location: Nassau County, New York
Case Name and Docket Number: Colberg v. Yoldilla, 0020799/2015

Award for Aggravation of Pre-Existing Injury

Type of Injury: Soft tissue injuries to back and neck; aggravation of a pre existing back injury
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and Defendant were driving their respective autos on a city street. Plaintiff stopped her vehicle at a red light and was struck from behind by defendant’s vehicle. Plaintiff alleged defendant was negligent in failing to maintain an assured clear distance ahead and keep a proper lookout. Plaintiff claimed she sustained soft tissue injuries to her back and neck and aggravation of a pre existing back injury caused by a prior auto accident. Defendant admitted liability, but disputed the extent of plaintiff’s injuries and damages. Jury returned a plaintiff verdict for $ 5,000. Per plaintiff’s counsel, the jury found plaintiff’s testimony credible even though she had sustained similar injuries in a prior accident.
Location: Bronx County, New York
Case Name and Docket Number: Dominguez v. Cruz-Jimenez, 26043/2016E

Jury Award for One of Two Accidents

Type of Injury: Soft tissue neck and back injuries with residual headaches
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and defendant were driving in stop-and-go traffic on an interstate highway when defendant rear-ended plaintiff’s automobile. Property damage was moderate. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and or damages. Plaintiff alleged that he suffered permanent injuries to his neck and back as a direct result of the accident. Defendant contended that plaintiff’s physicians did not assign a permanency rating to plaintiff and that any continuing problems experienced by plaintiff were proximately related to a subsequent motor vehicle accident. Jury determined that plaintiff’s damages as a result of this accident totaled $5,000.
Location: Nassau County, New York
Case Name and Docket Number: Murphy v. Nanni, 7056/2013

Defendant Alleges Victim is Exaggerating Injuries

Type of Injury: Soft tissue neck injury
Type of Accident: Side-impact
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was a front seat passenger in an automobile operated by her daughter traveling on Route A. Defendant was driving on a side road. Defendant pulled onto Route A, was unable to stop and entered plaintiff’s lane of travel. Plaintiff’s daughter broadsided defendant’s vehicle. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that she suffered a neck injury in the collision, resulting in 5-7% permanent partial disability of the cervical spine. Defendant contended that plaintiff was exaggerating the extent of her damages. Jury awarded $5,000 to plaintiff.
Location: Bronx County, New York
Case Name and Docket Number: Olonko v. Otero, 508163/2015

Victim Settles Case Against Reckless Driver

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $6,000
Case Summary: Plaintiff and Defendant were operating their vehicles on the same roadway near its exit. Plaintiff stopped at the end of the ramp and was rear-ended by defendant’s vehicle. Plaintiff argued that defendant was reckless in failing to avoid rear-ending her vehicle. Plaintiff claimed significant soft tissue cervical and lumbar injuries with decreased mobility and loss of enjoyment of life. Defendant did not contest liability, but disputed the nature and severity of plaintiff’s bodily injury claims. Defendant contended that the impact was insufficient to have resulted in the injuries claimed and plaintiff exaggerated the severity of her injuries. Case settled for $6,000 prior to trial.
Location: Schoharie County, New York
Case Name and Docket Number: Russo v. McCollin, 09-38726

Overlapping Crash Injuries Confuses Jury

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was traveling down a hill and had the right-of-way when the defendant vehicle, coming from a side street, struck the plaintiff broadside. Plaintiff alleged the defendant failed to yield the right-of-way to through traffic as the defendant had a stop sign and failed to stop. Plaintiff sustained strain and sprain of neck and back without any permanency. Defendant contended he stopped and looked for oncoming traffic at the stop sign but did not see any as he entered the intersection. Defendant further argues that plaintiff was speeding through the intersection. Jury returned a plaintiff verdict for $8,000. Per Plaintiff’s counsel, plaintiff had a second accident, two months after this accident and the overlapping injuries were confusing to the jury.
Location: Kings County, New York
Case Name and Docket Number: Delahoz v. Decola, 0150224/2018

Passenger Injured in Bus Accident

Type of Injury: Soft tissue neck injury
Type of Accident: Side-impact
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was a passenger in a vehicle being operated by Defendant. Defendant driver ran a red light at an intersection, resulting in a T-bone collision with another vehicle. The impact occurred on the passenger side of plaintiff’s vehicle. Plaintiff claimed that she suffered soft tissue injuries to her neck as a direct result of this accident. Defendant admitted liability for the accident, but disputed causation and damages. Jury awarded $8,000 to plaintiff.
Location: Richmond County, New York
Case Name and Docket Number: Yan-Eng v. All Star Bus Service Co., 509234/2015

Jury Award for Past Pain and Suffering

Type of Injury: Soft tissue neck and back injuries; and bilateral carpal tunnel syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff had stopped at the direction of a flag person in an area of road construction when his vehicle was struck in the rear by defendant. Defendants conceded liability after plaintiff’s case. Plaintiff suffered cervical and thoracic strains; and bilateral carpal tunnel syndrome. Plaintiff underwent physical therapy for 6 weeks. Defendants argued that the cervical and thoracic strains had resolved. Defendants noted that plaintiff’s physical therapy records indicated that plaintiff had been swimming for 4 hours in a single session. They further argued that any existing neck pain was due to the fact that plaintiff had broken his neck in a motorcycle accident at 15 and had a long history of neck pain for which he had taken time off from work in the past. Jury awarded plaintiff $10,000, all for past pain and suffering.
Location: Oswego County, New York
Case Name and Docket Number: Bozek v. Dziewit, 85-381

Victim Claims Injuries Limit Work Schedule

Type of Injury: Soft tissue neck injuries
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff and defendant were traveling on intersecting streets. Defendant failed to stop at the intersection of the two streets and broadsided plaintiff’s automobile in a moderate-impact collision. Plaintiff alleged that defendant was negligent in failing to pay full-time and attention to the operation of his vehicle and in failing to stop at the intersection. Plaintiff suffered soft tissue neck injuries in the collision. Plaintiff further alleged that she had worked double shifts at her place of employment prior to the accident and that she could work only 40 hours a week due to her injuries. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff was exaggerating the extent of her damages. Jury awarded $10,000 to plaintiff.
Location: Ontario County, New York
Case Name and Docket Number: Lago v. Mizrachi, 0016478/2012; 16478/12

Defendant Denies Running Red Light

Type of Injury: Soft tissue neck and back injuries; and myofascial pain syndrome
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was a passenger in an automobile being operated by defendant. Defendant ran a red light at an intersection and broadsided another vehicle. Plaintiff claimed he suffered soft tissue neck and back injuries. Plaintiff alleged that defendant was negligent in running a red light. Defendant contended that he did not run a red light, and also disputed the nature and extent of plaintiff’s alleged injuries. Jury returned a plaintiff verdict for $10,000.
Location: Bronx County, New York
Case Name and Docket Number: Sandoval v. Maiga, 0022104/2016

At-Fault Driver Admits Running Red Light

Type of Injury: Back injury-herniated disc at L4-L5
Type of Accident: Side-impact
Award/Settlement Amount: $11,711
Case Summary: Plaintiff was driving his vehicle on Route A. Defendant was operating her own vehicle on the intersecting road of Street B. At the intersection, defendant failed to stop for a red light and collided with plaintiff’s vehicle broadside. Plaintiff alleged defendant was negligent in running the red light and failing to yield the right-of-way. Plaintiff claimed he suffered injuries a herniated disc at L4-L5 as a direct result of the collision. Defendant admitted liability. However, she disputed the nature and extent of plaintiff’s injuries, as well as proximate cause. Jury determined that plaintiff’s damages totaled $ 11,711.
Location: Bronx County, New York
Case Name and Docket Number: Bassi v. Lou, 0028273/2013

Elbow and Shoulder Injuries from Head-On Crash

Type of Injury: Elbow injury-a fractured radial head of the left nondominant elbow; Others-soft tissue left shoulder injuries; aggravation of pre-existing chronic lumbar spine strain with resultant fibromyalgia
Type of Accident: Head-on
Award/Settlement Amount: $11,884
Case Summary: Plaintiff’s vehicle was struck head-on by defendant’s vehicle, which crossed over the double yellow line. Defendant argued that he was faced with an emergency situation when his vehicle slid on wet leaves on the roadway. The court, however, directed a verdict on liability in plaintiff’s favor. Defendant subsequently pleaded guilty to crossing the double yellow line. Plaintiff suffered a fractured radial head of the left nondominant elbow; soft tissue left shoulder injuries; aggravation of pre-existing chronic lumbar spine strain. Plaintiff claimed that he suffered a new lumbar injury, which affected the neck and upper back, with resultant fibromyalgia. Defendant disputed plaintiff’s claim of fibromyalgia, arguing that specific testing was not performed to confirm the condition, and that this diagnosis was made only 2 months prior to trial. Jury awarded plaintiff $11,884.
Location: Oswego County, New York
Case Name and Docket Number: Ingerhoet v. Falco, 86733/99

Victim Asserts Partial Disability from Crash Injuries

Type of Injury: Soft tissue injury to lower back
Type of Accident: Side-impact
Award/Settlement Amount: $11,914
Case Summary: Defendant failed to observe a stop sign at an intersection and broadsided plaintiff’s vehicle. Plaintiff was treated at a local hospital for soft tissue injury to lower back and referred to an orthopedic surgeon by his family physician. He returned to work after six weeks of physical therapy. Plaintiff alleged that he suffered a 5% permanent partial disability to his back as a direct result of the injuries he sustained in the collision. Defendant contended that plaintiff’s injuries had fully resolved when he was discharged from physical therapy ten weeks after the accident. Jury awarded $11,914 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Pettis v. Calandruccio, 22204/2013E

Plaintiff Award for Shoulder and Knee Injuries

Type of Injury: Soft tissue injuries to left shoulder, and both knees
Type of Accident: Rear-end
Award/Settlement Amount: $12,000
Case Summary: Plaintiff came to a stop at a stop sign and was rear-ended by defendant1. Plaintiff alleged that she suffered soft tissue injuries to left shoulder, and both knees as a direct result of this accident. Defendants admitted liability, but contended that plaintiff was not injured to the extent she claimed and disputed causation, noting that plaintiff had prior and subsequent accidents involving the same type of injury. Jury found for plaintiff in the amount of $12,000.
Location: Kings County, New York
Case Name and Docket Number: Abulawi v Dabri Trans Corp, 513631/2015

Plaintiff’s Request for Bigger Award Denied

Type of Injury: Soft tissue neck injury
Type of Accident: Side-impact
Award/Settlement Amount: $12,000
Case Summary: Plaintiff was driving in the left lane of a two-lane roadway when he came upon a stopped vehicle traveling in the same direction in the right lane. The stopped vehicle waived defendant into the roadway from a private driveway. Defendant proceeded into the roadway and t-boned plaintiff as plaintiff was traveling past the stopped vehicle. Plaintiff claimed to have suffered a permanent soft tissue neck injury as a result of the collision. Defendant contended that her vehicle was struck by the plaintiff and that plaintiff was the cause of the accident. Defendant disputed the nature and extent of plaintiff’s injury. Jury returned a plaintiff verdict for $ 12,000. Plaintiff’s Motion for Additur was denied.
Location: Nassau County, New York
Case Name and Docket Number: Serrano v. Fredericks, 0005960/2014

Jury Award is Limited to Medical Expenses

Type of Injury: Soft tissue neck and back injuries; and myofascial pain syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $12,500
Case Summary: Plaintiff and defendant were operating their respective vehicles in the same direction on the same. Plaintiff came to a stop and was rear-ended by defendant. Defendant admitted liability. Plaintiff alleged that she suffered soft tissue neck and back injuries and myofascial pain syndrome requiring facet, epidural, and trigger point injections and resulting in a 5% permanent impairment of the neck and a 5% permanent impairment of the back. Plaintiff claimed $24,658 in past medical expenses and $800 in lost wages. Defendant contended that much of plaintiff’s treatment was unnecessary. Jury awarded $12,500 to plaintiff. The award was for medical expenses only. No damages for pain and suffering were awarded.
Location: Nassau County, New York
Case Name and Docket Number: Tomao v. Sanchez, 022389/2011; 22389/11

At-Fault Driver Distracted by Drinking Coffee

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $12,824
Case Summary: Defendant made a left turn in front of plaintiff’s oncoming vehicle, resulting in a broadside collision. Plaintiff alleged that defendant failed to keep a proper lookout, noting that defendant told the police officer at the scene that he was drinking coffee and did not see plaintiff. Plaintiff suffered soft tissue lower back and cervical neck injuries. Defendant contended that plaintiff was comparatively negligent in that plaintiff was speeding and not paying attention. Jury returned a plaintiff verdict in the amount of $12,824.
Location: Bronx County, New York
Case Name and Docket Number: Pimiento v. Felder, 704423/2013

Moderate Injury Case Examples

Moderate car accident injuries include more extensive soft-tissue injuries, sprains and strains that may result in residual impairment, bulging or herniated discs, concussions, and simple fractures. Victims could miss several weeks or months of work, depending on the physical demands of their job.

Defendant Argues No Damage from Low-Impact Collision

Type of Injury: Soft tissue cervical (neck) injury
Type of Accident: Rear-end
Award/Settlement Amount: $15,000
Case Summary: Plaintiff stopped in a line of traffic and her automobile was rear-ended by a vehicle driven by Defendant. Plaintiff alleged the impact caused serious soft tissue cervical injury, which affected her to the date of trial. She presented evidence of injury through medical records and treatment. Defendant admitted she struck the rear of plaintiff’s vehicle, but maintained there was no property damage and plaintiff could not have been injured in this low speed accident. Jury returned a plaintiff verdict in the amount of $15,000.
Location: Bronx County, New York
Case Name and Docket Number: Harmon v. Qerimaj Limo Corporation, 0022121/2017

Two Drivers Share Liability for Plaintiff’s Injuries

Type of Injury: Soft tissue neck and back injuries; and a torn medial meniscus of the right knee
Type of Accident: Rear-end
Award/Settlement Amount: $17,000
Case Summary: Plaintiff came to a stop in the left lane of travel on an Expressway near its exit when her vehicle was struck in the rear by defendant 1. She felt a second impact to the rear of her car immediately following the first impact, pushing her vehicle onto the concrete divider. Plaintiff suffered a torn medial meniscus of the right knee; and soft tissue cervical and lumbar injuries. Defendant1 contended that he was traveling behind Plaintiff’s vehicle when his car was struck in the rear, pushing it forward into the rear of Plaintiff’s car. Defendant 2, claimed that the accident had already occurred between Plaintiff’s vehicle and defendant1’s vehicle. He claimed that he applied his brakes and just tapped defendant1’s vehicle. Jury apportioned liability: defendant1 35%; defendant2 65%. Jury also awarded $17,000 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Gondry v. Steed, 14270/98

Arbitrator Decides Victim Entitled to Uninsured Coverage Limits

Type of Injury: Knee injury-a tear of the posterior horn of his right knee’s medial meniscus, and a sprain of the same knee’s medial retinacular ligament; Neck injury- herniations of his C2-3, C3-4, C4-5, C5-6, C6-7 disc: Back injury- herniations of his L1-2 intervertebral discs, and trauma that produced bulges of his L3-4, L4-5 and L5-S1 discs
Type of Accident: Rear-end
Award/Settlement Amount: $25,000
Case Summary: Plaintiff, a taxi’s driver, stopped near an intersection to accept a fare. Before he could resume travel, his taxi was rear-ended by an uninsured motorist. Plaintiff sought compensation from his Insurance Company. Defendant insurance company accepted the claim, and the matter proceeded to an arbitration that addressed damages. Plaintiff claimed that he suffered injuries of his back, a knee and his neck. Defendant (his insurance company) contended that plaintiff did not suffer a serious injury. Defense expert opined that the injuries of plaintiff’s cervical region and right knee were degenerative conditions, not related to the accident. Arbitrator found that plaintiff suffered a medically determined, non permanent impairment. She determined that plaintiff was entitled to the entirety of his insurance’s coverage: $25,000.
Location: Kings County, New York
Case Name and Docket Number: Taylor v. American Transit, 01-16-0004-1139

Defendant Disputes Fault and Challenges Injury Claim

Type of Injury: Soft tissue lumbar (back) injuries
Type of Accident: Side-impact
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was stopped, with his left turn signal activated, intending to make a left turn into his driveway. Defendant 1, operating a vehicle owned by Defendant 2, was traveling in the same direction. Defendant 1 crossed a double yellow line to pass on the left and broadsided plaintiff’s vehicle. Defendant was cited for improperly passing. Plaintiff suffered soft tissue lumbar back injuries. Defendants contended that plaintiff stopped suddenly without activating his turn signal, creating an emergency situation. Defendant further contended that plaintiff was exaggerating the extent of his injuries and damages. Jury returned a plaintiff verdict in the amount of $25,000.
Location: Nassau County, New York
Case Name and Docket Number: Melendez v. Gamory, 2924710

Jury Award to Plaintiff Involved in Prior Accident

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $30,000
Case Summary: Plaintiff was slowing to make a right turn into a private driveway when defendant rear-ended her vehicle. Plaintiff’s vehicle sustained $2,000 in property damage. Plaintiff alleged that defendant was negligent in failing to keep a proper lookout and in failing to maintain an assured clear distance ahead. Plaintiff further alleged that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant admitted liability, but contended that plaintiff’s injuries were proximately related to a prior accident and that plaintiff was exaggerating the extent of her injuries. Jury returned a plaintiff verdict in the amount of $30,000.
Location: Kings County, New York
Case Name and Docket Number: Larson v. Whelan, 56930/12

Jury Verdict Includes Non-Economic Damages

Type of Injury: Soft tissue injuries to lumbar spine in back; Others-injuries to left shoulder, cervical spine and left elbow
Type of Accident: Rear-end
Award/Settlement Amount: $30,225
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the eastbound lane of Street A. Plaintiff came to a stop in a line of traffic at an intersection and was rear-ended by defendant. Liability was not seriously contested. Plaintiff alleged that he suffered permanent injuries including left shoulder and soft tissue injuries to lumbar spine, cervical spine and left elbow as a result of this accident. Defendant contended that this was a low impact accident and plaintiff was not injured to the extent he claimed. Jury awarded plaintiff $30,225. The verdict included $25,000 for non-economic damages.
Location: Nassau County, New York
Case Name and Docket Number: DiBuono v. James, 1:08cv11019

Verdict Reduced for Collateral Source Funding

Type of Injury: Neck injury-soft tissue cervical strain
Type of Accident: Rear-end
Award/Settlement Amount: $30,679
Case Summary: Plaintiff came to a stop and was waiting to make a left turn when she was rear-ended by defendant. Liability was admitted at trial. Plaintiff alleged that she suffered soft tissue cervical strain resulting in a 5% permanent impairment of the neck as a direct result of this accident. Defendant contended that plaintiff was not injured to the extent she claimed. Plaintiff was awarded $33,500 by a jury. The verdict was reduced to $20,000 due to a collateral source reduction. The total judgment, with costs, was $30,679.
Location: Kings County, New York
Case Name and Docket Number: Monsalve v. Newell, 10066/2014

Verdict in Favor of Plaintiff with Pre-Existing Injuries

Type of Injury: Neck injury-aggravation of a pre existing neck condition
Type of Accident: Side-impact
Award/Settlement Amount: $35,000
Case Summary: Plaintiff was driving through traffic. As he proceeded with the right-of-way, he broadsided a vehicle driven by Defendant. Defendant was waived through traffic by a vehicle in another lane and did not see plaintiff in the through lane. Plaintiff alleged he had the right-of-way and defendant should not have proceeded into traffic when he could not see. Plaintiff further claimed aggravation of a pre existing neck condition as a direct result of this accident. Defendant contended she was waived through traffic by another driver and it was reasonable to rely on the other driver for help as she could not see what traffic was in the adjacent lane. Defendant argued that plaintiff’s neck condition was preexisting and any complaints, past or future, were not related to this impact. Jury awarded $35,000 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Abdelhadi v. Breyer, 0508215/2013; 508215/13

Defendant Asserts Victim Over-Treated with Chiropractor

Type of Injury: Soft tissue neck and back injuries; Post-traumatic headache disorder
Type of Accident: Rear-end
Award/Settlement Amount: $35,000
Case Summary: Plaintiff was driving his pickup truck intending to make a left turn. As he waited for traffic to clear he was rear-ended by a vehicle driven by a defendant driver. Plaintiff alleged that he suffered continuing head, neck and back pain as a result of striking his head on the back window of the pickup truck located directly behind the seat. Defendant did not contest liability, but contended that plaintiff’s head pain was not in the same area where he struck his head in the accident and his headaches were therefore unrelated. Further, defendant asserted that plaintiff over-treated for his injuries, started treating with a chiropractor years after the accident and sought only two medical visits with a specialist for his headaches. Plaintiff was awarded $35,000 by a jury.
Location: Nassau County, New York
Case Name and Docket Number: Vasquez v. Lewis, 0023228/2016; 23228/16

At-Fault Driver Blames Wet Roads for Collision

Type of Injury: Back injury-a herniated lumbar disc at L5-S1 with degeneration
Type of Accident: Rear-end
Award/Settlement Amount: $35,000
Case Summary: Plaintiff claimed that she had stopped for a red light at an intersection and was stopped for 30-45 seconds before her vehicle was struck in the rear by defendant’s vehicle. Evidence indicated that it had rained on the date of the accident. Defendant testified that his vehicle skidded on the slick, wet road, and he was unable to stop in time. Plaintiff suffered a herniated lumbar disc at L5-S1 with degeneration. She underwent 18 months of physical therapy. Defendant disputed the existence of a herniation and argued that plaintiff suffered a small bulge, which was degenerative in nature and not causally related to the accident. Defendant contended that an MRI taken 11 months post-accident showed degenerative changes. Jury returned a plaintiff verdict for $35,000.
Location: Queens County, New York
Case Name and Docket Number: Dimeglio v. Giola, 37319

Jury Award for Trochlear Dysplasia Knee Injury

Type of Injury: Knee injury-trochlear dysplasia
Type of Accident: Rear-end
Award/Settlement Amount: $40,000
Case Summary: Plaintiff was driving her vehicle in the right lane of a major highway during a storm. The roadway was slick and slushy. Plaintiff was rear-ended by a vehicle driven by Defendant. The impact pushed plaintiff’s vehicle to the shoulder of the road. Defendant acknowledged striking plaintiff’s vehicle, but claimed she was first struck by a tractor-trailer, causing her to strike the rear of plaintiff’s vehicle. Defendant contended that the truck driver left the scene following the accident. Plaintiff claimed she struck her knee on the door or dashboard in the collision and suffered a trochlear knee injury, which would require future surgery. Defendant denied responsibility for causing this accident. Defendant also disputed the nature and extent of the injuries claimed by plaintiff. Jury awarded $40,000 to plaintiff.
Location: Kings County, New York
Case Name and Docket Number: Quinn v. Moss, 0027569/2013

Defendant Disputes Plaintiff’s Multiple Injuries

Type of Injury: Knee injury requiring surgery; and soft tissue injuries to her cervical spine, lumbar spine and shoulders
Type of Accident: Rear-end
Award/Settlement Amount: $40,923
Case Summary: Plaintiff stopped to make a left turn into a driveway and was rear-ended by defendant. Liability was admitted. Plaintiff alleged that she suffered permanent injuries to her knee requiring surgery; and soft tissue injuries to her cervical spine, lumbar spine and shoulders, as a direct result of this accident. Defendant disputed the extent of plaintiff’s injuries. Defendant argued that this was a minor impact collision and could not have resulted in any of the alleged injuries by plaintiff. Jury returned a $40,923 verdict for plaintiff. Breakdown: $35,000 for non-economic damages and $5,923 for medical expenses.
Location: Westchester County, New York
Case Name and Docket Number: Williams v. Chouchan, 0713192/2016

Pain and Suffering Award for PTSD

Type of Injury: Back injury-herniated lumbar disc at L4-5; Neck injury-bulging cervical discs from C-2 through C-7; and post-traumatic stress disorder
Type of Accident: Rear-end
Award/Settlement Amount: $45,000
Case Summary: Plaintiff was struck in the rear by defendant’s vehicle. Summary judgment was granted on liability and this trial was on the issue of damages only. Plaintiff claimed she sustained herniated lumbar disc at L4-5; bulging cervical discs from C-2 through C-7; and post-traumatic stress disorder. Defendant denied that plaintiff sustained a serious injury from this accident, and argued that plaintiff’s injuries were pre-existing and were the result of the prior motor vehicle accident for which she was receiving disability payments. Defendant argued that plaintiff underwent a laminectomy at L4-5 and L5-S1 for injuries suffered as a result of the prior accident. Jury awarded plaintiff $45,000. Breakdown: $15,000 for past pain and suffering; $30,000 for future pain and suffering.
Location: Ulster County, New York
Case Name and Docket Number: Platel v. John Stern, 2383/96

Driver and Passenger Settle Injury Claims

Type of Injury: Plaintiff 1: Back injury- lumbar-disc bulges; Others-a dislocation of his left (nondominant) elbow and a tear of one knee’s medial collateral ligament. Plaintiff 2: Ribs injury-fractures of three ribs; Others- back and neck injuries that led to radiculopathy.
Type of Accident: Rear-end
Award/Settlement Amount: $45,000
Case Summary: Plaintiff 1 was a back-seat passenger in a car being operated by plaintiff 2. Defendant1’s westbound vehicle executed a U-turn and entered the immediate path of plaintiffs’ vehicle. Plaintiff 2 applied her car’s brakes, and her car stopped abruptly. She avoided a collision, but her vehicle was subsequently struck from behind by defendant2’s vehicle. Plaintiffs’ vehicle was propelled forward, veered left and right, mounted the sidewalk, and struck a brick wall. Plaintiff1 sustained back, elbow and knee injuries. Plaintiff2 sustained arm, back, neck and rib injuries. Defendants contended that plaintiff2’s abrupt stop caused the collision. Jury rendered a plaintiffs’ verdict. Defendant1 was assigned 90% liability, and defendant2 was assigned 10% liability. Prior to the scheduled start of the trial’s damages phase, the parties agreed to a $90,000 settlement.
Location: Kings County, New York
Case Name and Docket Number: Coates v. Glover, 51433/02; 35023/03

Jury Finds Both Drivers Equally to Blame for Crash

Type of Injury: Knee injury-a torn lateral and medial menisci in her left knee
Type of Accident: Side-impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was waiting to make a left turn into a parking lot. She had to go across three lanes of oncoming traffic. She crossed the left and middle lanes without incident, but as she was starting up the parking lot’s apron, defendant 1, driving a vehicle owned by the defendant 2, struck her vehicle broadside. Plaintiff suffered a torn lateral and medial menisci in her left knee. She underwent arthroscopic surgery. Plaintiff claimed that traffic that was stopped in the left and middle lanes waved her on, and that defendant was speeding. Defendants argued that plaintiff failed to maintain a lookout and failed to yield the right-of-way to oncoming traffic. Jury returned a liability verdict finding negligence was a 50-50 split between the plaintiff and defendants. The case subsequently settled for $50,000.
Location: Ontario County, New York
Case Name and Docket Number: Anastasio v. Bekteshi, 10988/02

Both Drivers Liable for Passenger Injuries

Type of Injury: Neck injury-herniated cervical discs at C4-5, C5-6, C6-7; Back injury- bulging lumbar disc at L4-5; and full thickness rotator cuff tear of the left shoulder
Type of Accident: Side-impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was a passenger in a vehicle driven by defendant 1. Defendant1 and defendant 2’s vehicles were traveling on intersecting streets. Defendant2 had a stop sign at the intersection. Plaintiff claimed that defendant2 failed to yield the right-of-way, resulting in a collision. The impact caused defendant1’s vehicle to strike a pole. The police officer’s testimony was consistent with plaintiff’s and defendant1’s testimony that defendant 2’s vehicle hit defendant1’s vehicle broadside in the left front fender and front left door jamb on the driver’s side. Plaintiff suffered herniated cervical discs at C4-5, C5-6, C6-7; bulging lumbar disc at L4-5; and full thickness rotator cuff tear of the left shoulder. Jury determined that defendant2 was 51% negligent; and defendant1 49% negligent. Plaintiff subsequently settled for $50,000 ($25,000 policy from each defendant.)
Location: Kings County, New York
Case Name and Docket Number: Galleggiante v. Maniglia , 49308/96

Two Drivers Liable for Three-Vehicle Crash

Type of Injury: back injury-bulging lumbar discs at L4-5, L5-S1 with encroachment; and temporomandibular joint dysfunction, requiring surgery
Type of Accident: Rear-end
Award/Settlement Amount: $65,000
Case Summary: Plaintiff was traveling southbound in the middle lane when her vehicle was struck in the rear by a car driven by defendant 1. Plaintiff suffered bulging lumbar discs at L4-5, L5-S1 with encroachment; and temporomandibular joint dysfunction, requiring surgery. Defendant1 argued that plaintiff came to an abrupt stop, that she stopped 1.5 feet from the rear of plaintiff’s car, and that her vehicle was then struck by the defendant2’s vehicle and pushed into plaintiff’s vehicle. Defendant2 testified that he struck defendant1’s vehicle in the rear after it cut him off. The investigating police officer testified that plaintiff’s and defendant1’s vehicles were stopped when defendant2 struck defendant1 in the rear. Jury determined that defendant1 was 40% negligent while defendant2 was 60% negligent. After the liability verdict, the case then settled for $65,000.
Location: Bronx County, New York
Case Name and Docket Number: Clark v. Doyle, 18711/98

Plaintiff Verdict Despite Defendant’s Assertion of Minor Impact

Type of Injury: Soft tissue knees injury; Back injury-exacerbation of a pre-existing lumbar disc herniation
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Plaintiff came to a stop and was subsequently rear-ended by defendant. Plaintiff claimed that she injured her knees and exacerbated a pre existing lumbar disc herniation which resulted in permanent impairments. (Prior to the accident, plaintiff had already scheduled a lumbar fusion surgery for the month after the accident.) Defendant contended that she rolled into the plaintiff at five miles per hour after stopping and then taking her foot off of her brake and that this was a minor impact soft tissue case. Defendant also asserted that plaintiff had not injured her knee and did not have an additional 10% impairment of the back. Plaintiff returned a plaintiff verdict, awarding her $75,000 in damages.
Location: Bronx County, New York
Case Name and Docket Number: Pottetti v. Frassetti, 007967/2015; 7967/15

Teen Driver Liable for Head-On Collision

Type of Injury: Eye injury-fractured orbit; bulging cervical discs
Type of Accident: Head-on
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was driving, when defendant, 17, who was traveling in the opposite direction, entered her lane and caused a head-on collision. Plaintiff claimed that defendant driver left his lane in an attempt to pass a truck. She also claimed that defendant had four passengers in his vehicle at the time of the accident, and that he was joyriding. Two of the passengers in defendant’s vehicle testified that they were not sure how the accident occurred. They also noted that they were talking and listening to music in the moments prior to the accident. Plaintiff sustained a fractured orbit. She also claimed to have sustained bulging cervical discs, for which she received conservative treatment. The jury rendered a plaintiff’s verdict on liability. The parties settled for $75,000 prior to the damages trial.
Location: Kings County, New York
Case Name and Docket Number: Drake v. Hussain, 314/01

Case Settles After Discovery Phase of Litigation

Type of Injury: Right knee injuries; lumbar injuries aggravating pre-existing asymptomatic degenerative disc disease at L4-5 and L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $95,000
Case Summary: Plaintiff was stopped in traffic when his vehicle was struck in the rear by defendant’s vehicle. Defendants conceded liability. Plaintiff suffered right knee injuries requiring an arthroplasty; lumbar injuries aggravating pre-existing asymptomatic degenerative disc disease and requiring lumbar fusion surgery at L4-5 and L5-S1. Plaintiff claimed that the knee continues to give him pain and that he cannot kneel or squat and that he needs a cane to ambulate. He also claimed that he continues to have severe low back pain and right radiculopathy and numbness into the lower extremity. This case settled for $95,000 after discovery was completed.
Location: Schoharie County, New York
Case Name and Docket Number: Pellett v. Strange, 1321/01

Severe Injury Case Examples

Severe car accident injuries can include multiple complicated fractures, internal injuries, traumatic brain injuries, disfigurement, and serious spinal cord injuries. Many severe crash victims suffer multiple types of injuries that prevent them from returning to their pre-accident work or activities.

Permanent Hand Injuries Case Settles Out-of-Court

Type of Injury: Injuries to both hands-a bilateral carpal tunnel syndrome; permanent neuritis in his right dominant hand and occasional neuritis in his left hand
Type of Accident: Side-impact
Award/Settlement Amount: $98,000
Case Summary: Plaintiff was driving when defendant went through a flashing red light at an intersection and struck plaintiff’s vehicle broadside. Liability was conceded. Plaintiff claimed he suffered a bilateral carpal tunnel syndrome, requiring three separate surgeries and extended physical therapy. Plaintiff claimed permanent neuritis in his right dominant hand and occasional neuritis in his left hand. This case settled before depositions for $98,000.
Location: Schoharie County, New York
Case Name and Docket Number: Pellett v. Alapeck, 2849/00

Victim of Head Injury Requiring Surgery Settles

Type of Injury: Head injury-loss of consciousness and subdural hematoma
Type of Accident: Side-impact
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was riding in the rear seat of a vehicle driven by defendant 1. As defendant’s vehicle proceeded through an intersection, it was broadsided by a vehicle driven by defendant 2. Plaintiff claimed that defendant 1 stopped his vehicle prior to entering the intersection, and that traffic was crossing in front of their vehicle. Defendant1 claimed that he entered the intersection under a green traffic signal. Plaintiff was rendered unconscious after striking his head on a door of defendant1’s vehicle. Three months later, plaintiff fell in the street and was taken to an emergency room, where a CT scan revealed a large subdural hematoma. He underwent a craniotomy and was hospitalized for 26 days. Defendants claimed that the instant accident did not cause plaintiff’s hematoma. Jury rendered a plaintiff’s verdict on liability. Parties subsequently reached a $100,000 settlement.
Location: Kings County, New York
Case Name and Docket Number: Ikhamkim v. Twin-D Transportation Inc., 4193/00

Injured Passenger’s Daughter Partially Liable for Collision

Type of Injury: Shoulder injury-a rotator-cuff injury with subacromial impingement, a right-shoulder fracture, impingement of the supraspinatus muscle and tendinopathy; Others- a fractured rib, cervical and lumbar radiculopathy, and a wrist injury
Type of Accident: Side-impact
Award/Settlement Amount: $125,000
Case Summary: Plaintiff was a passenger in her daughter’s vehicle. On reaching a T-intersection, plaintiff’s vehicle was struck on its passenger side by an SUV driven by defendant. The impact pushed plaintiff’s vehicle into the guardrail. Plaintiff claimed that defendant was driving at an excessive rate of speed, and that she had ignored a stop sign governing her entry to the intersection. Plaintiff sustained a rotator-cuff injury with subacromial impingement, a right-shoulder fracture, impingement of the supraspinatus muscle and tendinopathy. She also claimed to have sustained a fractured rib, cervical and lumbar radiculopathy, and a wrist injury. Defendant contended that she did not see the plaintiff’s vehicle prior to the collision. Jury found that defendant was 60% liable for the accident, and that plaintiff’s daughter was 40% liable. Parties subsequently reached a $125,000 settlement.
Location: Westchester County, New York
Case Name and Docket Number: Mitchell v. Altman, 17857/01

Jury Finds for Plaintiff Injured in Collision with Ambulance

Type of Injury: Back injury-herniated lumbar disc at L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was traveling at 50 mph on a parkway at 3 AM when her vehicle was struck in the rear by defendant’s ambulance, which had been traveling behind her with its siren and lights fully operational. Plaintiff suffered herniated lumbar disc at L5-S1. Defendant waived liability during jury selection. Defendant argued that plaintiff had suffered a prior injury in a motor vehicle accident. Defendant contended that the prior accident was severe, as both vehicles were substantially damaged, unlike the instant accident. Defendant also noted that plaintiff injured her right foot two years prior, when a door fell on it. Defendant’s experts testified that all of the above injuries were the cause of plaintiff’s disability, and that any problems at the L5-S1 level were age related. Jury awarded $325,000 to plaintiff. The case subsequently settled for $200,000.
Location: Queens County, New York
Case Name and Docket Number: Eugene v. Hunter Lawrence Respiratory, Inc., 21205/98

Jury Award to Plaintiff with Displaced Nose Fracture

Type of Injury: Nose injury-a displaced fracture of the nose; Back injury-herniated lumbar discs at L3-4, L4-5, and L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $225,000
Case Summary: Plaintiff was stopped for a red light, when his vehicle was struck in the rear by defendant’s vehicle. Plaintiff was granted summary judgment on the issue of liability, and the trial proceeded on the issue of damages. Plaintiff suffered a displaced fracture of the nose; herniated lumbar discs at L3-4, L4-5, and L5-S1. Plaintiff received emergency treatment for the fractured nose. He underwent three surgeries for the nose, including one for a deviated septum. He claimed that he still suffers from nasal valve incompetence and faces future nasal surgery. He received physical therapy for the herniations. He has also received two epidural nerve blocks. Defendant contended that it was a light impact collision. He also contended that the injuries complained of could be attributed to a subsequent accident. Jury awarded plaintiff $225,000.
Location: Nassau County, New York
Case Name and Docket Number: Arana v. Bronte, 5558/00

Minivan Driver Liable for Victim’s Multiple Injuries

Type of Injury: Head injury-closed head injury, fractured nose, and deviated septum; others- soft tissue injuries of the mandible (jaw) and cervical (neck) and thoracic (back) spine with radiculopathy, temporomandibular joint dysfunction (TMJ) and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $300,000
Case Summary: Defendant, who was operating a minivan behind plaintiff, rear-ended plaintiff’s vehicle. Plaintiff’s head snapped forward and her face hit the steering wheel. The impact forced plaintiff’s vehicle into the rear of the truck in front of her. Plaintiff suffered significant injuries, including a fractured nose, deviated septum requiring rhinoplasty and septoplasty surgery, and a closed head injury. Plaintiff’s injuries resulted in a distorted nose, a 15% permanent partial disability of the cervical spine and limited range of motion of the neck and mouth. Defendant contended that the accident happened suddenly. Also, the impact was minor and plaintiff therefore exaggerated the nature and extent of her injuries. Case settled for $300,000 prior to trial.
Location: Kings County, New York
Case Name and Docket Number: Levan v. Vagnini, 0002782/2014

Dump Truck Driver Liable for Injuries to Taxi Passenger

Type of Injury: Neck injury-herniated cervical disc at C4-5 with spinal cord compression; myofascial pain syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $400,000
Case Summary: Plaintiff was a passenger in a cab that was traveling near an intersection. The cab was struck from behind by defendant 1, who was operating a dump truck owned by defendant 2. Defendant1 had been backing up after entering a one-way street. Liability was conceded by defendants, and the trial proceeded on the issue of damages. Plaintiff suffered herniated cervical disc at C4-5 with spinal cord compression; and myofascial pain syndrome. She required trigger point injections two to three times per week. Defendants introduced photographs that showed minimal damage to the cab, and contended that plaintiff’s own vehicle showed heavy damage from a prior motor vehicle accident, for which she had never made a claim. Jury returned a plaintiff verdict for $400,000.
Location: Westchester County, New York
Case Name and Docket Number: LeBlanc v. City of Mt. Vernon, 04643/97

Crushed Foot and Fractured Ribs from Head-On Collision

Type of Injury: Foot injury- right cuneiform fracture and dislocation of all five metatarsals; two fractured ribs
Type of Accident: Head-on
Award/Settlement Amount: $485,000
Case Summary: Plaintiff was a seat-belted passenger in a defendant vehicle when it was struck head-on by a police car, while trying to overtake another vehicle. Plaintiff’s car was totaled, and the engine was pushed into the passenger compartment and rested on plaintiff’s right foot for 25 minutes before he was extricated from the car. Liability was conceded on the eve of jury selection. Plaintiff suffered right cuneiform fracture and dislocation of all five metatarsals, requiring open reduction and internal fixation with four K-wires; two fractured ribs. Plaintiff wore a cast on his leg for 31/2 months and was out of work for 5 months. He walks with a slight limp. Defendant contended that plaintiff has only minimal residual injuries and has returned to work at full capacity. Jury awarded plaintiff $485,000.
Location: Kings County, New York
Case Name and Docket Number: Murray v. Port Authority of New York, 8693/00

Jury Award for Commercial Truck Accident Victim

Type of Injury: Neck injury-herniated discs at C3-4, C5-6 and C6-7
Type of Accident: Side-impact
Award/Settlement Amount: $501,500
Case Summary: Plaintiff, a commercial truck driver, was operating a truck on a southbound Route. He was making a right turn when his 53,000-pound truck was broadsided by a truck driven by defendant’s employee. The force of the collision knocked plaintiff’s truck onto its passenger’s side. Liability was conceded, and the trial addressed damages. Plaintiff claimed to have sustained herniated discs at C3-4, C5-6 and C6-7. He underwent regular neurological and orthopedic treatment since the accident. The defendants contended that plaintiff’s injuries pre-existed and were unrelated to the accident, and that they were degenerative in nature. The jury rendered a plaintiff’s verdict. It awarded plaintiff $501,500.
Location: Suffolk County, New York
Case Name and Docket Number: Corazzini v. Ultimate Food Service, Inc., 26986/01

Judge Directed Verdict in Plaintiff’s Favor

Type of Injury: Back injury-aggravation of his pre-existing back condition resulting in a herniated lumbar disc at L5-S1 with compression on the thecal sac and listhesis movement of vertebra at S-1 under L-5
Type of Accident: Rear-end
Award/Settlement Amount: $550,000
Case Summary: Plaintiff’s vehicle was struck in the rear by a vehicle driven by defendant, while he was stopped for a light at an intersection. Defendant driver contended that plaintiff stopped for a vehicle that had cut him off, and that the light was green. Plaintiff had a pre-existing lumbar herniation at L4-5 from a prior motor vehicle accident, and had undergone laser discectomy surgery at L4-5. He claimed that he suffered an aggravation of his pre-existing back condition resulting in a herniated lumbar disc at L5-S1 with compression on the thecal sac and listhesis movement of vertebra at S-1 under L-5. Defendants disputed causation of plaintiff’s injuries and argued that they were all pre-existing and were not substantially aggravated by the instant accident. After the liability verdict, the judge directed a verdict in plaintiff’s favor, awarding him $550,000.
Location: Nassau County, New York
Case Name and Docket Number: Tricarico v. Wheels, Inc., 4569/99

Injured Passenger Settles with Multiple Defendants

Type of Injury: Neck injury-herniated cervical disc at C5-6
Type of Accident: Side-impact
Award/Settlement Amount: $550,000
Case Summary: Plaintiff was a passenger in a vehicle being driven by defendant 1. Defendant 2, driving a vehicle registered to defendant 3 and leased from defendant4 was coming out of a driveway and making a left turn. The vehicles collided with the impact taking place on the front passenger’s door of the plaintiff’s vehicle. Defendant1 claimed that both defendant2 and defendant3 were negligent. Defendant2 and defendant3 contended that defendant1 could have avoided the accident. Plaintiff sustained a herniated cervical disc at C5-6. She underwent an anterior discectomy and fusion. She also received three cervical epidurals. She underwent physical therapy and chiropractic treatment for 18 months. The defendants contended plaintiff had made a good recovery and that she could return to work. This case settled prior to opening statements for $550,000.
Location: Suffolk County, New York
Case Name and Docket Number: Bonelli v. Cadigan, 30141/00

Jury Award to Pedestrian Hit by Bus in Crosswalk

Type of Injury: Neck injury-a herniated disc at C6-7; Shoulder injury-tears to her left shoulder’s glenoid labrum and supraspinatus tendon
Type of Accident: Pedestrian
Award/Settlement Amount: $800,000
Case Summary: Plaintiff was struck by a bus while crossing a street, at its intersection. At the time of the accident, defendant’s bus was making a right turn. Plaintiff claimed that she was in the crosswalk at the moment of impact. A witness testified that plaintiff and the bus were both in the crosswalk immediately after the accident. Plaintiff suffered a herniated disc at C6-7. The injury necessitated fusion surgery. She also sustained tears to her left shoulder’s glenoid labrum and supraspinatus tendon. She underwent arthroscopic repair of the shoulder. Defendants noted that plaintiff had undergone cataract and lens-implant surgery five weeks prior to the accident. They produced plaintiff’s emergency-room records, which indicated that she had fallen while on the sidewalk, and that she may have fainted. Jury rendered a plaintiff’s verdict on liability. It awarded plaintiff $800,000.
Location: Nassau County, New York
Case Name and Docket Number: Sherman v. Ayan Travel, Inc., 118656/01

Injured Plaintiff Settles with At-Fault Tractor Trailer Driver

Type of Injury: Neck injury-herniated cervical disc at C5-6; Others-herniated thoracic disc at T2-3; and mechanical lumbar syndrome with radiculopathy
Type of Accident: Rear-end
Award/Settlement Amount: $900,000
Case Summary: Plaintiff was driving in the course of her employment. While between intersecting streets, her vehicle was struck in the rear by defendant’s tractor-trailer. There was $8,000 in property damage to plaintiff’s vehicle. Plaintiff’s motion for summary judgment on the issue of liability was granted, and the case proceeded to the issue of damages. Plaintiff suffered a herniated cervical disc at C5-6; herniated thoracic disc at T2-3; and mechanical lumbar syndrome with radiculopathy. Plaintiff ultimately underwent an anterior cervical discectomy at C5-6. This case settled during the damages trial for $900,000.
Location: Nassau County, New York
Case Name and Docket Number: Purcell v. Jordan, 15891/00

Parties Agree to Million Dollar Settlement During Trial

Type of Injury: Neck injury-herniated disc at C6-7
Type of Accident: Side-impact
Award/Settlement Amount: $1,000,000
Case Summary: Plaintiff was driving a pickup truck that was equipped with a horse trailer. He was traveling east on Road A, near its T-intersection with Road B. As plaintiff’s truck entered the intersection, its passenger side was struck by a minivan that was being driven by defendant. Defendants claimed that plaintiff was exceeding the speed limit, and that he did not attempt to avoid the collision. Plaintiff claimed that he sustained a herniated disc at C6-7. He underwent two surgical procedures and extensive physical therapy. His treating surgeon testified that plaintiff experiences residual pain, with a permanent 30% disability. Defendants’ expert orthopedist testified that plaintiff’s injuries were causally related to a motor vehicle accident that occurred approximately 15 years prior to the instant accident. During the trial, parties agreed to a $1 million settlement.
Location: Wyoming County, New York
Case Name and Docket Number: Copeland v. Atwood, 33973/03

Drunk Driver Liable for Multiple Fractures, Lacerated Liver

Type of Injury: Shoulder injury-displaced fractures of his right scapula and clavicle; Others-fractured 11 ribs on his right side (1-8 and 10-12), and suffered a laceration of his liver
Type of Accident: Side-impact
Award/Settlement Amount: $1,015,000
Case Summary: Plaintiff was driving his vehicle near an intersection. As he proceeded through the intersection with the traffic light in his favor, his vehicle was struck broadside on the passenger side by an SUV being operated by defendant and owned by co-defendant. Defendant, by all accounts, was intoxicated, was speeding and disregarded the intersection traffic light. Investigation revealed that defendant had a BAC of 0.19, and there were empty bottles of beer in his vehicle. Plaintiff incurred displaced fractures of his right scapula and clavicle, fractured 11 ribs on his right side (1-8 and 10-12), and suffered a laceration of his liver. He underwent arthroscopic labral debridement and acromioclavicular joint resection of the right shoulder. The parties agreed to a $1,015,000 settlement, which was reached several weeks prior to trial.
Location: Nassau County, New York
Case Name and Docket Number: Hadoulis v. Viva La Vida Corp., 19751/05

High-Dollar Verdict for Victim’s Pain and Suffering

Type of Injury: Back injury- bulging lumbar disc at L5-S1
Type of Accident: Rear-end
Award/Settlement Amount: $1,025,000
Case Summary: Plaintiff was operating his car at an intersection when his vehicle was hit in the rear by a vehicle owned by defendant 1 and driven by defendant 2. Plaintiff’s motion for summary judgment on liability was denied by the trial court, but granted by the Appellate Division. This trial was on damages only. Plaintiff sustained a bulging lumbar disc at L5-S1. Plaintiff visited Europe, where she did a lot of walking, and she returned with severe radiating pain in her right leg. After testing and medication, she underwent a fusion at L5-S1. Defendants denied causation, arguing that plaintiff did not undergo any treatment for 1.5 years between the accident and the fusion surgery. Jury returned a plaintiff verdict for $1,025,000. Breakdown: $200,000 for past pain and suffering; $825,000 for future pain and suffering.
Location: Kings County, New York
Case Name and Docket Number: Lifshits v. Variety Poly Bags, 45256/99

Brain Injury Victim Awarded Punitive Damages

Type of Injury: Head injury-Mild traumatic brain injury, head concussion, migraine headaches and memory lapses
Type of Accident: Rear-end
Award/Settlement Amount: $1,376,660
Case Summary: Plaintiff was a passenger in a vehicle that was stopped in traffic due to construction ahead. A tractor-trailer operated by Defendant 1 and owned by Defendant 2 rear-ended the vehicle behind plaintiff, forcing it into plaintiff’s vehicle. Plaintiff alleged that: defendant driver was negligent and reckless in failing to stop within an assured clear distance head; and she suffered a mild traumatic brain injury, head concussion, migraine headaches and memory lapses as a direct result of the accident, resulting in decreased earning capacity. Defendants admitted that defendant driver was negligent, but contended that defendant driver was not reckless and that plaintiff’s injuries had fully resolved. Jury found in favor of plaintiff in the amount of $1,376,660. Breakdown: $1,010,000 compensatory damages and $366,660 punitive damages.
Location: Nassau County, New York
Case Name and Docket Number: Kelly, IV v. Seeley, 60414/2012

Complex Fractures, Knee Replacement from Head-On Collision

Type of Injury: Leg injury-a pilon fracture of the left ankle, fractured left tibial plateau, fracture to the shaft of the fibula,and bilateral left knee fractures; Shoulder injury-fractured left (nondominant) distal humerus
Type of Accident: Head-on
Award/Settlement Amount: $1,650,000
Case Summary: Defendant1 drove through plastic barrels in the roadway, and crossed into plaintiff’s lane of travel, causing a head-on collision. Plaintiff suffered a fracture of the left ankle requiring fusion surgery; fractured left tibial plateau and fibula; bilateral knee fractures, requiring left knee replacement surgery; fractured left distal humerus requiring open reduction and internal fixation. Defendant1’s deposition testimony indicated that she skidded on sand on the roadway, and lost control of her vehicle. The plastic barrels were placed by contractors hired by defendant2 to perform construction work in the area, and were held in place by broken sand bags. Defendant2 denied that the accident was caused by sand, and argued that defendant1’s own actions caused her to lose control of her vehicle. Jury found in favor of plaintiff for $1,650,000 against defendant1 (40% negligent); and defendant2 (60% negligent.)
Location: Kings County, New York
Case Name and Docket Number: Seifert v. City of New York, 037237/93

Two Drivers Liable for Victim’s Head-On Crash Injuries

Type of Injury: Neck injury-herniated cervical discs at C3-4, C4-5, and C5-6; Back injury-aggravation of a pre-existing latent asymptomatic condition at L4-5 with a traumatically induced superimposed herniation
Type of Accident: Head-on
Award/Settlement Amount: $2,827,117
Case Summary: Plaintiff was operating a truck. Defendant 1, driving a truck owned by defendant2 attempted to make a left turn from a loading dock, and cut off defendant 3, causing defendant3’s vehicle to strike plaintiff’s truck head-on. Liability was determined in a trial in favor of plaintiff, against defendant 1 (85% liable) and defendant 3 (15% liable). This trial was on damages only. Plaintiff claimed he suffered herniated cervical discs at C3-4, C4-5, and C5-6; aggravation of a pre-existing latent asymptomatic condition at L4-5 with a traumatically induced superimposed herniation, which required three epidural injections. The herniation at C3-4 was described as giant. Plaintiff underwent a discectomy with fusion at C5-6. Defendants’ experts contended that all herniations were degenerative, and that a second accident caused the C5-6 herniation and subsequent surgery. Jury awarded $2,827,117 for plaintiff.
Location: Bronx County, New York
Case Name and Docket Number: Rivera v. Barcene, 7233/99

Work Van Owner and Driver Liable for Plaintiff’s Disabling Injuries

Type of Injury: Back injury-bulging lumbar discs at L4-L5 and L5-S1, and the discs were impinging on the subarachnoid space
Type of Accident: Rear-end
Award/Settlement Amount: $4,303,370
Case Summary: Plaintiff was stopped for a red light when a van owned by defendant and operated by one of its employees, skidded into the back of plaintiff’s vehicle. Plaintiff was granted summary judgment on liability before this trial, which only concerned the issue of damages. Plaintiff claimed that she suffered bulging lumbar discs at L4-L5 and L5-S1. This was confirmed by MRI. She also claimed cervical internal derangement with loss of disc height. Plaintiff wore a neck collar for six months. Her expert testified that she had a 50% loss of range of motion in her neck and back. The defendant’s expert testified that plaintiff sustained soft-tissue injuries only, which had subsequently resolved. He testified that her present injuries were unrelated to this auto accident. Jury sided with plaintiff, awarding her damages totaling $4,303,370.
Location: Kings County, New York
Case Name and Docket Number: Hodge v. Service Direction, Inc, 1892/00

Methodology

We gathered a group of actual New York lawsuits filed by plaintiffs injured by motor vehicle accidents. All plaintiffs received a payout from a court award, arbitration award, or by settling their case out-of-court before trial.

All plaintiffs in this group received a payout. The Award/Settlement Amount reflects the net payout after reductions for shared fault, if applicable. When there were two plaintiffs, the amount reflects the highest amount paid to one individual plaintiff.

Averages are calculated by adding the payouts for a group of cases, then dividing by the number of cases in the group.