I have a pending personal injury law suit. I read about claims for personal injury and sometimes I do not believe what I read. What is the amount of money I can receive for my claim?

In a prior post, I listed specific criterion to evaluate a personal injury case. But I think your question is asking a larger issue about the process courts use to make awards.

First, what you generally read are claims. The numbers you read about are click bait seeking free publicity. They are designed to draw your attention with big numbers. But anybody can ask for any amount of money in a lawsuit. Those numbers people ask for are far from the final result.

Second, the amount a jury awards for personal injury claims is defined as “fair and just compensation” for injuries. There is not much guidance beyond this. A jury has to use their common sense to evaluate a claim and make an award.

Third, any award you may receive may be reduced by a proportionate share of your comparative negligence. This process was explained in a prior post.

Remittitur

Fourth, if the trial judge determines that the jury award “deviates materially from what would be reasonable compensation,” then the trial court will lower the award. CPLR section 5501(c). The court calls this a remittitur. So even though the court gives very little guidance about the meaning of “fair and just compensation,” the judge still has a role in making an award.

Collateral Source

Fifth, the court reduces your award by any payment you receive from insurance. CPLR section 4545. The justification for this is that you should not receive an award for medical bills when health insurance paid for your medical bills. This is considered “double recovery.”

Periodic Judgment

Finally, any awards for future pain and suffering are capped. You can only receive $250,000 for future pain and suffering immediately, and then the balance of the award is paid out over time like an annuity. CPLR section 5041.

So even if you read about a large sum of money a plaintiff seeks in a lawsuit, there are many steps after that initial claim. Filing a lawsuit is only the beginning of the journey. Each one of the steps outlined are all reviewable by appellate courts. So by the time an appellate court hears the appeal, the final result may be different than what the plaintiff sought.

By James Santner, Esq.

If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.