Most people who has been in a car accident in New York have the right to file a claim to receive compensation for their damages. But before you take this step, you should first understand the potential value of your car accident settlement. You should also strongly consider working with a motor vehicle accident lawyer when you file your claim, as they can guarantee that you will only accept the best settlement offer available.
Factors That Affect Car Accident Settlements
Firstly, what will impact how much your car accident case is worth? There are many different factors that insurance carriers use to determine what your personal injury car accident settlement will be. That is why there is no one-size-fits-all solution since every case will be unique.
Here are the main factors that will impact your settlement:
- Pain and suffering
- Injury severity
- Medical expenses
- Property damage
- Future medical treatment
- Lost income
Understanding New York’s No-Fault System
You will also need to understand how New York’s no-fault system works and how this will impact your settlement. To put it simply, this no-fault system requires all vehicle owners to have personal injury protection coverage that provides coverage for basic economic losses, medical expenses, and lost wages. This coverage is not dependent on who was actually liable for the accident.
But if your personal injury protection coverage isn’t enough to cover the severity of your damages, you can file a personal injury lawsuit against the liable driver.
Additionally, New York uses a pure comparative negligence rule, which means that everyone may be assigned a percentage of fault. Because of this, even if you hold some degree of fault, you are still entitled to receive compensation; it will just be reduced by your percentage of fault.
New York also has a serious injury threshold that you must meet if you want to pursue non-economic damages, such as pain and suffering or emotional distress. Qualifying conditions that meet the serious injury threshold include:
- Death
- Disfigurement
- Loss of fetus
- Fractures or permanent loss of function
- Medically determined injury 90+ days
How to Get the Best Settlement Amount For Your Car Accident Claim
The best way to guarantee that you will get the highest car accident settlement is to work with a New York car accident attorney. An attorney can help you file your New York car accident claim as well as uncover evidence you need to prove the extent of your injuries and liability.
From there, your attorney will negotiate on your behalf so that you aren’t pressured into accepting a low settlement offer.
Get In Touch With a Car Accident Attorney in New York
One of the most difficult aspects of getting auto accident compensation in New York is understanding what your rights are when it comes to car accident damages. There are many things that factor into the value of a car accident settlement, which can make it difficult to know which settlement offer is fair and which isn’t.
To avoid falling victim to a low settlement offer, you need to work closely with a car accident attorney who will handle all negotiations on your behalf.
So, if you are ready to pursue auto injury compensation, contact us today at Gash & Associates, P.C., in New York at 914-328-8800 for a free consultation.
