Legal Guide

Is there a maximum to a settlement amount in a NY personal injury case?

When someone suffers a personal injury, especially at the hand of someone else, they can face skyrocketing medical bills, lost wages, and pain and suffering.

It is ideal to have a personal injury attorney as a professional resource to seek the maximum compensation allowed by law. If you or a loved one suffered a personal injury in New York, Kaplan Lawyers, PC will guide you through the process and help you get what you deserve.

What is a personal injury lawsuit?

The purpose of a personal injury lawsuit is to seek compensation for past, current, and future expenses due to automobile accidents, work-related injuries, sports injury, defective products, malpractice, and other acts of negligence.

Hiring a knowledgeable lawyer puts a buffer between a victim and those that would seek to avoid paying compensation.  They protect the rights of the victim with their extensive knowledge about every aspect of personal injury claims. After any trauma, the last thing someone might think about are the consequences, but waiting too long to find an advocate will complicate the process.

New York State has a statute of limitations when it comes to the amount of time someone has to file a civil suit. The suit must be filed within three years from the day of their injury. 

New York’s Largest Personal Injury Settlements


A mother in Brooklyn and her three sons faced a medical nightmare in 2008.  After a diagnosis of a kidney stone, her doctors sent her home. But, she called 911 the next day because of severe pain and numbness.

The patient had developed a deadly case of sepsis that had spread throughout her body. She went into a two-week coma, developed gangrene. The mother of three lost both hands, both feet, and lost her sight in one eye.

In the end, the hospital refused to admit fault but agreed to settle out of court. The $18M dollar settlement will never repair the damage done, but it helped to warn others and help with her lifetime of medical bills and suffering.


A veterinarian in New York City was crossing the road when she was hit by a delivery truck driver. She suffered acute injuries including – blindness, brain damage, and limited communication ability. The woman will require long term medical care.

The accident was a hit and run, the driver leaving the scene for her to die. The motorist called his bosses rather than dialing 911 and demanded the lady was at fault. A team of attorneys and investigators were able to locate that delivery driver and awarded the lady and her family 22M and served justice.


A construction worker was working on a subway when a four-foot chunk of concrete passed through the safeguards and hit him, fracturing his skull. It resulted in brain and spinal cord injuries. The court decided that the defendants failed to provide the safety devices necessary to protect their workers.

The construction worker was awarded $35M. The attorneys and his team were able to not only get a settlement for personal injury, but his wife was awarded additional funds for loss of spousal services.

Steps You Should Take When Facing Personal Injury

Medical attention is the priority. Never ignore injuries and delay going to the hospital when facing a personal injury.

However, there are steps you and your attorney can take to see a positive outcome when filing a claim.

If there are witnesses, always get their contact information. Sometimes you cannot get witness statements, but when you’re able, at least try to pass on what you know to your attorney and law enforcement.

We all have cameras in our pockets. Cellphones are the best tool when needing to take pictures of the scene of an accident. Sometimes it is impossible due to the severity of an injury, but photos are the best evidence to pass on to a lawyer.

Keep everything. Medical records are the key to most personal injury cases. From the emergency room visit to every follow-up, do not lose track of bills and other paperwork. A personal injury lawyer can help you keep up with them all, and even in most cases, can request copies if you give permission.

In the case of work-related injuries, contact your supervisor and employer as soon as possible. It likely requires you to fill out forms and making statements. It is best to contact an attorney as soon as the accident occurs so they can walk you through that process.

Getting What You Deserve

The first thing someone does when involved in personal injury is to get medical attention. The second should be contacting a personal injury lawyer. It is them who help you receive damages so that you do not only suffer the trauma of the accident but that you do not face financial ruin.

Do your research and find a lawyer that will be a perfect fit for an advocate through this stressful process. Find someone that has the resources and experience to handle the claim. The most knowledgeable attorneys will offer a free consultation and works on a contingency fee basis.

It is not about getting money for money’s sake. It is about seeking justice because of negligence and malpractice. You are protecting others from the same trauma, and holding the offending party responsible for the acts or inaction. You have the right to seek compensation that equals medical expenses, lost wages, pain, and suffering, and more.

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