There is no certain way of determining how much your car accident settlement will be worth in New York—as every accident, insurance claim, and lawsuit is completely independent of all others. Your lawyer will consider every relevant detail of your accident and the losses that have come from your accident, in order to determine how much compensation you should collect.
Potential Factors Affecting Your Settlement Value
Your lawyer may weigh many things when determining how much compensation to seek through a post-accident insurance settlement or lawsuit. Some of their considerations may include:
- Who is at fault for the accident
- Whether you share any fault for the accident, as New York CVP § 1411 details how your contributory negligence could affect compensation—but does not prevent you from receiving awards if you are partially at fault for the collision
- The amount of economic losses you have suffered because of the accident
- The amount of noneconomic losses you have suffered because of the accident
- The strength of evidence supporting your case for compensation
Your lawyer may make a written case for compensation, engage in oral negotiations with insurance companies or other attorneys, present evidence in a strategic fashion, and hire experts to testify on behalf of your case. However, your ability to win compensation could ultimately come down to the facts of your accident.
Negligence Could Be the Basis for Compensation
Your lawyer will examine the facts of your case to determine whether parties were negligent, or if they owe you compensation because of other legal standards. The American Bar Association (ABA) explains that negligence can be present even if someone did not intend to put you in harm’s way by causing an accident.
A defendant or party to an insurance claim could be guilty of negligence if they violated their duty of care to you. Violating a duty of care generally means that someone does not act as a “reasonable person would have” in the same or similar circumstances, as ABA explains.
There are many specific behaviors that may be considered unreasonable within the context of a car accident. You could be a victim of negligence if the motorist who caused your accident:
- Was under the influence of drugs or alcohol
- Was speeding
- Was driving close behind you and struck the rear end of your vehicle
- Was passing illegally
- Was turning in an illegal or otherwise dangerous fashion
- Did not have their headlights on at night
- Was distracted at the time of the accident, a behavior which the National Highway Traffic Safety Administration (NHTSA) refers to as “dangerous”
A motorist could also be liable for factors that did not directly impact your accident but are still relevant, such as if they lack proper insurance. Other parties—such as municipalities and employers—could be liable under legal standards such as negligence and strict liability.
Your Lawyer Will Manage Your Case for Awards
You may find it difficult or stressful to pursue an insurance claim or lawsuit on your own if you have been injured or lost a loved one because of a car accident in New York. Yet time may be of the essence, as New York CVP § 214 indicates that you generally have a limited period of time to pursue compensation for a personal injury (the same is the case for a wrongful death lawsuit).
You may hire a lawyer to ensure that you are pursuing the compensation you deserve, without putting unnecessary strain on yourself or your loved one. A lawyer may be able to tell you roughly how much your car accident settlement should be worth in New York. They may also lay out a strategy for pursuing the compensation that you deserve.
Some tasks that a lawyer can handle for you include:
- Hiring professionals to investigate your accident
- Organizing evidence
- Obtaining medical records and other documentation of your injuries
- Calculating the value of individual and total losses from your accident
- Dealing with insurance companies
- Contacting attorneys for those responsible for your losses
- Completing and filing all claim- or lawsuit-related paperwork
- Negotiating a settlement
- Taking your lawsuit to trial, if necessary
Your lawyer may also handle strategy for your claim or lawsuit, defend your rights, and answer questions that you have throughout the claims and legal processes. Having a lawyer handle your insurance claim or lawsuit could permit you to dedicate your time and energy to other important matters, such as recovery or coping with the loss of a loved one.
Call Law Office of Cohen & Jaffe, LLP Today
The team at Law Office of Cohen & Jaffe, LLP puts our clients first, prioritizing your pursuit of compensation—so that you can find a sense of normalcy after a car accident. Do not wait to call us, as we may be able to begin work on your case the sooner that you get in touch with our team.
Call Law Office of Cohen & Jaffe, LLP today at (516) 358-6900 for a free consultation.
For a free legal consultation, call 516-358-6900