The insurance company has offered you a settlement, but you already know it will not be enough. A spinal cord injury changes everything about your life, and the costs will stretch for decades.
Medical care, equipment, home modifications, lost income---the numbers add up quickly, and a standard auto or homeowner's policy cannot keep pace.
If this is your situation, you may not be out of options. Spinal cord injury compensation in New York often involves multiple sources of recovery, and an experienced attorney can help you identify every available path. The key is knowing where to look.
Contact Rosenberg & Gluck, LLP at (631) 451-7900 or reach out online to discuss your case and explore the options that may be available to you.
The Financial Reality of Living With a Spinal Cord Injury
- Lifetime costs for a spinal cord injury can range from $1.2 million to over $5 million, depending on the severity of the injury and age at the time it occurs.
- These figures cover only direct medical and living expenses. They do not include lost wages, which can exceed $1.5 million over a working lifetime.
- The minimum auto insurance liability coverage in New York is just $25,000 per person---a fraction of what most spinal cord injury victims need.
- Multiple sources of compensation may be available, including underinsured motorist coverage, umbrella policies, and claims against additional responsible parties.
- An attorney can help you identify all potential sources and build a case that accounts for your true lifetime needs.
How Does New York's No-Fault Insurance System Work?
New York is a no-fault state, which means your own auto insurance pays for your initial medical expenses and lost wages after a car accident, regardless of who caused the crash. This coverage is called Personal Injury Protection (PIP).
Every driver in New York must carry at least $50,000 in PIP coverage. After an accident, you file a claim with your own insurer, and they pay your medical bills and a portion of your lost wages up to that limit.
For minor injuries, no-fault coverage may be enough. For a spinal cord injury, it is not even close.
Why No-Fault Falls Short for Catastrophic Injuries
The $50,000 PIP limit can be exhausted within days or weeks of a serious spinal cord injury. A single surgery, ICU stay, or air ambulance transport can wipe it out entirely.
Once your no-fault benefits run out, you need to look elsewhere for compensation --- and that means pursuing the at-fault driver's liability insurance and other sources of recovery.
The Serious Injury Threshold
New York's no-fault law also limits your ability to sue the at-fault driver. You cannot pursue a claim for pain and suffering unless your injuries meet the "serious injury threshold" under Insurance Law § 5102(d).
A spinal cord injury meets this threshold because it typically involves permanent loss of use of a body function or system. This allows you to step outside the no-fault system and file a claim against the person who caused your accident.
What Happens When Insurance Policy Limits Are Not Enough?
You may have several options beyond the at-fault party's liability coverage, including your own insurance policies and claims against other responsible parties.
Most drivers in New York carry only the state minimum liability insurance required by New York State's insurance requirements: $25,000 per person and $50,000 per accident for bodily injury. Even drivers with $100,000 or $250,000 policies fall far short of covering a catastrophic injury.
When the at-fault driver's policy limits cannot cover your damages, the insurance company will often offer what is called a "policy limits settlement." This means they pay the maximum available under the policy.
You may have to decide whether to accept that amount or pursue other avenues of recovery.
Speak to a Lawyer Today >Can I get more money from my own insurance after an accident?
Your own auto insurance policy may provide critical additional coverage through two types of protection.
Uninsured Motorist Coverage
If the at-fault driver did not have coverage, your underinsured motorist (UIM) coverage can be utilized to cover your damages. This coverage applies when the responsible party has no insurance. This can make a significant difference in a catastrophic injury case.
Supplementary Uninsured Motorist Coverage
New York also allows you to purchase Supplementary Uninsured/Underinsured Motorist (SUM) coverage. This coverage can help make up the difference if the at-fault party's insurance is insufficient. For example, if the at-fault driver has $100,000 in coverage and you have $500,000 in UIM coverage, you may be able to recover up to $500,000 total between both policies.
Many people are unaware they have this coverage or do not know the limits they purchased. If you have this coverage, review your policy carefully with your attorney to understand what protection is available.
Who Else Can Be Held Responsible for My Injury?
Looking beyond the obvious at-fault driver often reveals additional parties who share liability for your injuries.
Employers of Negligent Drivers
If the person who injured you was working at the time of the accident, their employer may be liable under a legal doctrine called vicarious liability. Commercial trucking companies, delivery services, and other businesses can be held responsible for their employees' negligence.
Vehicle Owners
In New York, vehicle owners can be held liable for accidents caused by someone they allowed to drive their car. This is true even if the owner was not in the vehicle at the time.
Product Manufacturers
If a defective vehicle part contributed to your accident or worsened your injuries, you may have a product liability claim against the manufacturer. Defective brakes, tires, airbags, and other components can all form the basis for additional claims.
Property Owners
For spinal cord injuries caused by falls, the property owner may be liable if dangerous conditions on their premises caused or contributed to your accident. Broken stairs, icy walkways, and missing handrails are common examples.
Bars and Restaurants
New York's Dram Shop Act allows injury victims to pursue claims against establishments that served alcohol to a visibly intoxicated person who then caused an accident. If the driver who hit you had been overserved at a bar, that business may share liability.
Identifying all responsible parties is one of the most important steps in a catastrophic injury case. Each additional defendant increases the total pool of insurance coverage available to compensate you.
What Damages Can I Recover for a Spinal Cord Injury in New York?
Spinal cord injury cases in New York can include both economic and non-economic damages.
Economic Damages
These are your measurable financial losses:
- Past and future medical expenses, including surgeries, hospital stays, medications, and rehabilitation
- Home health care and personal assistance services
- Medical equipment such as wheelchairs, hospital beds, and mobility devices
- Home and vehicle modifications to accommodate your disability
- Lost wages from the time of injury through recovery
- Lost earning capacity if you cannot return to your previous work
For catastrophic injuries, economic damages often require expert testimony from life care planners and economists who can calculate the true cost of your future needs. These experts examine every aspect of your care requirements and project costs over your expected lifetime.
Non-Economic Damages
New York law also allows compensation for losses that do not come with a price tag:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Loss of consortium for your spouse
These damages recognize that a spinal cord injury affects far more than your finances. The inability to play with your children, participate in activities you once loved, or maintain the relationships you had before the injury all have real value.
Can I File a Lawsuit After Accepting an Insurance Settlement for a Spinal Cord Injury?
This depends on how the settlement was structured.
If you signed a release when accepting the at-fault driver's policy limits, that release typically only covers claims against that specific party. You may still be able to pursue claims against liable parties, however any recovery will be diminished by funds already received.
However, some releases are broader and may affect your ability to pursue additional claims. Before signing anything, have an experienced New York personal injury attorney review the language.
Speak to a Lawyer Today >How Are Lifetime Care Costs Calculated?
Proving the full value of a spinal cord injury claim requires documenting expenses that will continue for the rest of your life.
According to the National Spinal Cord Injury Statistical Center, lifetime costs vary significantly based on the severity of the injury:
- High tetraplegia (C1-C4): First-year costs exceed $1.1 million, with annual recurring costs around $200,000
- Low tetraplegia (C5-C8): First-year costs around $800,000, with annual recurring costs around $120,000
- Paraplegia: First-year costs around $560,000, with annual recurring costs around $75,000
These figures do not include lost wages or indirect costs. For someone injured at age 25 with high tetraplegia, total lifetime costs can exceed $5 million.
A qualified New York spinal cord injury lawyer will work with life care planners, medical experts, and economists to develop a comprehensive picture of your future needs.
What Is New York's Statute of Limitations for Spinal Cord Injury Cases?
You generally have three years from the date of your accident to file a personal injury lawsuit in New York. However, there are important exceptions.
Claims against government entities require a Notice of Claim within 90 days and must be filed within one year and 90 days. If your injury involved a city bus, municipal vehicle, or government property, these shorter deadlines apply.
Medical malpractice claims that caused or contributed to a spinal cord injury have a two-and-a-half-year deadline. Product liability claims follow the three-year rule but may have different starting points.
Do not wait until your medical treatment is complete to consult an attorney. Starting early allows time to investigate all potential defendants and sources of recovery.
What If the At-Fault Party Has No Assets Beyond Insurance?
Even when a defendant has no significant personal assets, pursuing a judgment beyond their policy limits can sometimes serve a purpose.
Some defendants have umbrella insurance policies that provide additional coverage above their standard auto policy limits. Umbrella policies provide extra liability insurance that kicks in when the coverage on your auto, homeowner, or other insurance is exhausted. These policies are not always obvious and may only be discovered through litigation.
Umbrella policies often provide $1 million or more in additional coverage. A defendant may not even remember they have one. Your attorney can use discovery tools to uncover hidden insurance that could significantly increase your recovery.
Additionally, a judgment remains valid for years and can be collected if the defendant's financial situation improves. While this is not a guarantee of recovery, it preserves your options.
FAQs About Spinal Cord Injury Compensation in New York
What if I was partially at fault for the accident?
New York follows a pure comparative negligence rule. You can still recover damages even if you were partially responsible, but your award will be reduced by your percentage of fault. If you were 20% at fault, your total damages would be reduced 20%.
How long do spinal cord injury lawsuits typically take?
Cases involving catastrophic injuries often take longer than typical personal injury claims because the stakes are higher and the damages more complex. Many cases settle within one to two years, but cases that go to trial can take longer. Your attorney can give you a more specific timeline based on the facts of your case.
Will Medicare or Medicaid affect my settlement?
If you received benefits from Medicare or Medicaid for your injury-related treatment, these programs have the right to be reimbursed from your settlement. This is called subrogation. Your attorney will negotiate with these programs to reduce the amount you owe and maximize what you keep.
Can I recover damages for my family members' losses?
Your spouse may have a separate claim for loss of consortium, which compensates for the loss of companionship, affection, and support caused by your injury. If you were providing financial support to dependents, their losses may also be part of your claim.
Explore Every Avenue for the Compensation You Need
A spinal cord injury doesn't come with short-term costs. The financial impact can follow you for decades, and insurance policy limits often fall far below what your care actually requires. If that happens, you need to look beyond a single policy and identify every available source of compensation.
Rosenberg & Gluck, LLP has helped spinal cord injury victims throughout Nassau County, Suffolk County, and New York City recover compensation from every available source. We work with medical experts, life care planners, and economists to document the true cost of your injury and fight for the resources you need to move forward.
Call (631) 451-7900 or contact us online for a free consultation. You pay nothing unless we recover compensation for you.