compensation car accident

A New York car accident injury can have devastating consequences on not just your health but also on your ability to earn your living. It is quite understandable for you to be worried about paying the medical bills and financing your vehicle repairs. In cases of severe injury when the victim has to miss work due to their injuries, there is the added stress of loss of income.

Getting compensation from the negligent party by filing a New York City car accident personal injury claim can help offset this loss to some extent and it’s critical that you take steps to ensure you get the maximum amount you deserve in damages.

What are the Common Types of Damages Awarded in NYC Personal Injury Cases?

Most damages awarded in car accident cases come under the category of compensatory damages and the purpose of the award is to make up for the financial losses caused by your accident. The common factors considered to calculate such damages include the following:

  • Cost of emergency medical care and treatment for the injuries you sustained in the accident
  • Expenses related to in-home nursing care or assistance with daily living tasks
  • Expenditure on treatment or therapy anticipated from the long-term effects of the accident on your health
  • Loss of income you had to suffer when you missed work due to your injury
  • Loss of future earning capacity due to the effects caused by the accident on your health
  • Damage to property such as your vehicle that has to be repaired or replaced due to the accident
  • Home renovation or modification expenses in case of accidents that have caused permanent disability
  • Emotional distress such as anxiety, loss of sleep, and other effects that were a result of the pain and suffering you had to undergo due to the accident and injury
  • The loss of your ability to enjoy daily activities such as exercise, or pursuing a hobby due to the injuries caused by the accident
  • The loss of consortium damages that take into account the impact of your injury on your relationship with your spouse

One important fact to remember is that you may find it easier to quantify medical expenses and property damage expenses as compared to the intangible aspects such as pain and suffering or loss of consortium. However, with a seasoned and highly capable New York car accident personal injury lawyer on your side, it is quite possible to put an accurate dollar amount even to these headings and this can help you win a sizeable amount in compensation.

What Factors Affect the Compensation Received in NY Car Accidents?

Every car accident is unique in its details and so each case has to be evaluated on its own merits. Some of the questions considered when deciding the value of your claim include the following:

How severe is the injury and how badly has it affected your health and your ability to be in gainful employment?

  • What is the time you will need to recover from the effects of the injury caused due to your accident?
  • What is the insurance coverage that is available to you or the party at fault?
  • Were there any errors you committed that contributed to the accident?
  • Was there any defect in the car that was partly or fully responsible for the accident?
  • Was the other driver driving recklessly or speeding or driving under the influence of drugs or alcohol at the time of the accident?

What if You Were Partly Responsible for Your NYC Car Accident?  

Some accidents can be quite complex in nature and perhaps in your case, it was something you did or did not do that contributed partly to the sequence of events leading to the crash. Even in such situations, you can pursue financial compensation because New York follows the no-fault car insurance system. This allows you to claim damages from your insurance company regardless of whether you or the other driver was at fault for the crash.

New York State also follows the concept of “pure comparative fault” and this means, you will still get compensation, but it will be reduced by the percentage equal to your contribution to the accident. For example, if the total damages decided to be awarded to you are $100,000 and you are found 50 percent responsible for the accident, under the comparative fault clause, you still stand to receive 50 percent of the total amount or $50,000, which is quite a significant sum of money.

Can the Insurance Company Influence the Damages You Receive?

When you file for damages, your claims will be thoroughly investigated by the insurance company before you are offered a settlement figure. Obviously, this amount will not exceed the limits of the defendant’s insurance policy. In the more serious injury cases, where the amount at stake is quite high, they may even try different tactics to discredit your claims.

In personal injury legal circles, it is an open secret that the first offer made to you by an insurer is going to be far less than what you can expect to get if you take your case to court. That’s why it is crucial that you do not jump at the first figure quoted by the insurance adjuster. Having a car accident attorney on your side can help you effectively negotiate a settlement that is closer to the actual dollar amount you deserve for your injury.

When you hire a dedicated New York City car accident lawyer, the insurance company is likely to quickly realize that you mean business and that you are quite prepared to go to court and this can dramatically increase the settlement offer they make.

What Can You do to Get Maximum Compensation for Your NY Car Accident?

When you sustain a car accident in New York, it is natural to feel shocked and confused. But the actions you take next can be crucial in determining whether you are able to win the maximum possible compensation for your personal injury claim.

The first thing to do immediately after an accident is to see a doctor even if your injuries are not serious. Having a physician document your state of physical and mental health is vital to the validity of any injury claim you bring.

The next most important thing is to make sure you take pictures or videos of the damage caused by the accident and to write down the sequence of events as they unfolded during the accident. Your memory made get fuzzy or fade with time, and this could affect your ability to narrate the exact losses you suffered and in turn, impact your case.

At any point in time, do not make any statement or sign any documents of any insurance company whether it is your own or that of the party at fault for the accident. Things you say can be used against you to reduce the amount you receive in damages.

Most important of all, get in touch with an experienced New York car accident injury lawyer if you wish to maximize the value of compensation you receive.

How Can Hiring a NY Car Accident Lawyer Help You Win Maximum Compensation?

In 2017, a personal injury study carried out by Martindale-Nolo Research showed that 91 percent of car accident victims who engaged the services of a personal injury lawyer received a settlement, whereas only 51 percent of the victims received payouts when they undertook this legal process on their own.

Having a lawyer was also found to have a significant impact on the amount of the settlement. Personal injury lawyers earned for their clients an average settlement of $77,600 while unrepresented victims received an average settlement of a mere $17,600 for similar accidents.

Even after you deduct the contingency fee charged by the lawyer, the net settlement amount is found to be at least thrice that received by unrepresented car accident victims.

This data shows that having a competent NYC car accident attorney on your side can play a vital role in deciding the amount you win in a personal injury claim.

Get in Touch With an Experienced New York City Personal Injury Lawyer Today

If you have been injured in an accident, under New York’s statute of limitations, you have up to three years after the date of the crash to file a claim. Soon after you seek treatment for your injuries, contact our expert car accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP today.

We can help you handle the entire process of winning a claim right from determining who is liable for the accident to filing a lawsuit if the insurer behaves unreasonably. Our competent car accident lawyers in NYC have several years of experience with calculating the value of a claim and preparing and filing the claim with all necessary documents. Through skillful negotiation, we have helped all our clients get the maximum possible compensation for their injuries.

To discuss the specifics of your car accident in New York, reach out to us today at 1-800-660-2264 or contact us online for a free and confidential consultation.


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Brooklyn, NY 11238

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