Why the “average settlement” question has no honest answer
It is among the most searched questions in this area and among the least answerable. Published
averages mix together cases with nothing in common: different abuse, different institutions,
different evidence, different insurance. An average built from those is not information.
Worse, a number seen online becomes an anchor, and survivors have accepted less than a claim
was worth because a figure on a page told them what to expect.
What genuinely affects value
- The harm, including its effect on health, education, work and relationships
over time. - The evidence of notice: whether the institution knew.
- The defendant’s resources, including insurance, and whether it is in
bankruptcy. - Whether the case would actually be tried, which affects what is offered to
resolve it.
How settlements are reached
Usually after discovery, when both sides have seen the documents, and often through mediation.
Very few of these cases are resolved before an institution has had to produce its records.
Prior results do not guarantee a similar outcome. Every case is decided on its
own facts.
Time limits in New York depend on how old you were, who was responsible and the particular facts. There is no single deadline that applies to everyone. Ask rather than assume. It is a free call.
Why will you not estimate my case at the first call?
Because an honest estimate needs the evidence of notice, the institution’s position and insurance, and a proper picture of the harm. A number offered before any of that is a guess dressed as advice.
Does a bigger institution mean a bigger settlement?
Not automatically. Resources and insurance matter, but so does the evidence, and a well-documented case against a modest defendant can outperform a weak one against a large institution.
Are settlements always confidential?
Not necessarily. Confidentiality is a negotiated term, and some survivors treat the ability to speak about what happened as more important than an increment of money. It is your decision.