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How Much is Your Serious Injury Case Worth in NYC?

Being injured in a car accident in New York can leave you with not just serious medical injuries, but also considerable financial loss. Besides paying for your medical treatment and rehabilitation, you also need to meet expenses to cover the damage to your car. The fact that you may not be able to get back to work due to your ill health may mean a loss of wages. If your accident has been caused due to the negligence of another party, filing a personal injury case can help you recover damages for your loss, pain, and suffering.

 How Much is Your Serious Injury Case Worth in NYC

Being injured in a car accident in New York can leave you with not just serious medical injuries, but also considerable financial loss. Besides paying for your medical treatment and rehabilitation, you also need to meet expenses to cover the damage to your car. The fact that you may not be able to get back to work due to your ill health may mean a loss of wages. If your accident has been caused due to the negligence of another party, filing a personal injury case can help you recover damages for your loss, pain, and suffering.

When you file a personal injury claim, the negligent party’s insurance provider will contact you with an offer to settle out of court. Whether you accept this offer or decide to pursue your case to a trial, it is vital to have a clear picture of the value of your serious injury claim. Calculating this value is not a simple task you can do on your own. Having an experienced car accident serious injury lawyer in New York on your side can make all the difference to your ability to recover the maximum compensation that is your due.

What is Serious Injury Under New York Law?

Under New York law, serious injury refers any to the following:

  • Fracture of the bones
  • A substantial disability that prolongs beyond 90 days
  • Significant disfigurement
  • Permanent disability in which an organ is permanently damaged or a particular body part’s use is limited on a permanent basis.

If your car accident led to any of the above-mentioned damaging situations, you can bring a personal injury lawsuit against the driver at fault for the accident. You may also initiate legal action in case the accident caused property damage to your car or any other property.

What Factors can Influence the Value of a Serious Injury Claim in NYC?

Several important factors play a role in deciding the value of a serious personal injury case. Here are some of the important questions that serious accident lawyers in New York consider:

  • Who was at fault for the accident and can be held liable for it?
  • How severe were the injuries? Were major organs or systems affected by the injury? Were the injuries of a permanent nature?
  • Were there any pre-existing injuries or were the injuries undoubtedly caused by the present accident?
  • Has the injury caused the victim to suffer a temporary or permanent disability?
  • What is the age of the victim?
  • What is the level of medical treatment the victim has received for their injury? Is it likely that further treatment or surgery will be necessary in the future?
  • Are there other out-of-pocket costs likely for medical care?
  • What is the victim’s occupation and level of income?
  • Is there a likelihood of the victim’s disability causing a loss of gainful employment?
  • Which is the county in which the lawsuit is brought?
  • What is the demographic profile of the jury?
  • How credible is the plaintiff?

What Expenses must be Considered to Calculate a Claim Value?

When calculating the value of a claim in a serious car accident in NYC, many people make the mistake of restricting their vision to only those expenses that crop up immediately following the accident. However, in a serious injury case, there is every chance that expenses related to the accident will continue to drain your resources for months or even years after the incident. When you calculate a claim value, you have to factor in all such anticipated expenses based on a thorough analysis of all aspects of your case.

Here is a list of expenses commonly encountered in a serious injury case:

  • Immediate medical care expenses
  • Long-term medical expenses
  • Therapy expenses
  • Costs of nursing care at home
  • Household chore assistance expenses
  • Permanent disability induced home modification expenditure
  • Loss of present income
  • Future loss of income if the disability is severe enough to affect employment
  • Suffering and pain
  • Mental anguish

While this is a general overview of what to consider when calculating claim value, it is important to remember that there may be many other factors that are unique to your case. A competent, professional serious accident injury attorney in New York can help you identify all such aspects and push for a settlement amount that is more favorably aligned with the actual expenses you expect.

Comparative Fault Rule in New York

Not all car accidents are a straightforward case of one single party being at fault for the crash. In quite a few cases, you, the victim, may also be found partly responsible for the accident. Under the ‘comparative fault’ rules in New York, the amount of compensation that you can recover will be influenced by the degree of your contribution to the accident. If the damages in your accident have a worth of $100,000 but you were found to be 30% at fault for the crash, you will be granted only an amount of $70,000 from the other party at fault.

Even if you are partly to blame for an accident in which you have been injured, you can certainly recover damages to the extent of the fault of the other liable party. This is where having an experienced serious car accident injury attorney in New York can help you build an effective case to get you the compensation you deserve.

How to Convey Your Pain and Suffering to a Jury?

Physical injuries are easy to prove with evidence from medical reports and testimony from medical experts. However, it’s essential that the jury also understands the degree of pain and suffering that you and your family have been caused due to the accident.

Every member of a jury is different and will view your case through their individual perspectives. No one can predict the response of every juror to the specifics of your injury case. However, it is vital that your case be presented in a way that makes them acutely aware of the tangible impact of the injuries you sustained on the overall quality of your life. Even as you seek to put forth the humane aspects of your injury it’s vital that you do not exaggerate the emotion as this can cause you to lose credibility and affect the amount you receive in compensation.

A professionally competent serious injury lawyer in New York will be able to guide you about what information can present your case in an effective manner. They will highlight how the injury affected your ability to perform your routine tasks and made you dependent on help to carry out even the most basic of personal tasks, causing you great emotional anguish. Photographs or videos recorded as you get through a normal day can be used to help the jury empathize with your pain and suffering.

Your injuries may have affected your ability to care for your family including young children. Your attorney can explain how your relationship with your spouse and your ability to engage with your children was affected by the injury. Records of mental health counseling that you have received may also be used to show the emotional ramifications of your injury.

Role of Plaintiff Credibility in Recovering Serious Injury Damages in New York

 

During the initial meetings to discuss the possibility of an out-of-court settlement, insurance adjustors tend to size up the plaintiff’s credibility. This factor often has a huge impact on the amount indicated as a pre-trial settlement offer.

It is a well-accepted reality that juries decide the amount to be awarded based on what they feel or think about the victim. A plaintiff who is believable and able to evoke the sympathy of the jury often ends up receiving higher compensation than one who appears to be exaggerating their injury.

Seek Legal Help from a Top-Rated Serious Injury Attorney in NYC

 

If you or a loved one has been injured in a car accident in NYC that caused serious injuries, one of the first things to do after seeking medical attention, is to get legal advice. Based on the specifics of your case, you may be eligible to receive benefits to compensate for the medical and other losses you suffered due to the accident caused by another person’s negligence.

Our dedicated and focused personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP have many years of experience in handling serious injury cases and a track record of winning sizeable amounts in compensation for the victims of car accidents in New York.

Our network of independent investigators, medical and financial experts can help you build a strong case that fetches you the maximum compensation you deserve whether through an out-of-court settlement or at trial. Even if you think that you may be partly at fault for the accident that caused your injuries, make sure you obtain an expert legal opinion to find out how much compensation you may be able to recover and many other salient reasons.

Call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online for a free consultation and evaluation of your serious injury case.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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