How Much Can I Sue For After A Car Accident In NY
Posted on January 16, 2022 in Firm News
You may wonder, if you’ve been involved in a crash with another vehicle, if you can sue for a car accident. Whether or not you are at fault in the accident could have a lot to do with being able to successfully file a personal injury claim and collect for damages. In some states, even if you are partially at fault, you still may have a case. When asking about amounts for which you can sue, however, it’s not so much the amount you can sue for but what you can sue for. Numerous factors determine how much your accident settlement will be worth and what’s recoverable. As far as “averages” go – there aren’t any.
The most important thing to remember here is, to stand a better chance of getting the compensation you deserve – and having the entire process run as smoothly as possible – you should immediately hire a personal injury attorney who is familiar with car accidents.
Let’s take a look at some of the factors that will weigh in when it’s time to determine what your damages were following your accident, and what type of compensation you could receive. Keep in mind that your attorney will discuss each of these with you.
Remember – Patience Is a Virtue
You’re going to need plenty of patience! It’s a drawn-out, complex process, more often than not when you are settling/negotiating for damages following a car accident.
Refusal of Fair Settlement by an Insurance Company
Best case scenario, before your lawsuit is even filed, a settlement will be reached. Unfortunately, where negotiations and settlements are concerned, some insurance companies simply refuse to play along. In that case, you may either opt for a lower settlement or you will need to look at litigation.
How Have Your Injuries Impacted Your Life?
In your lawsuit, there are noneconomic damages that can be claimed which may or may not be covered by the other person’s insurance. Damages such as these include:
- You’ve lost the ability to enjoy life’s pleasures
- Humiliation and embarrassment
- Pain and suffering
Again, however, numerous factors go into a judge/jury’s decision as to how much each of these is worth.
There are more expenses than one can even imagine when recovering from an MVA. In settlement negotiations, some of the expenses that can be claimed include:
- Cost of a housekeeper if you can’t clean your house
- Prosthetic limb costs
- Home modifications if needed
- Cost of a driver to and from appointments for medical care
- Car rental costs, and more
For the cost of replacing or repairing your car, the other person’s property damage policy will hopefully take care of everything needed.
Can You Still Work?
Due to related medical appointments, anytime you miss from work – as well as the amount of work you miss because of your accident-related injuries – is another compound of settlement after a car accident. If you are permanently disabled, this will also figure in, as well as your future earning capacity, if diminished.
The medical expenses you have incurred – and those you may need to incur in the future as a result of the accident – will be another determining factor where your damages and recovery amount is concerned. The full extent of your injuries and medical costs, however, may not be determinable until you’re completely recovered.
The foundation of a successful car accident settlement is whether or not you can prove liability, in many cases. You’ll need to establish the following to prove negligence:
- The other person should have acted in a lawful and safe manner to better assure your safety – they had a “duty of care.”
- They breached that duty of care (perhaps they drove while drowsy, were using their phone, they were distracted, etc.).
- Causing your damages, the accident was a result of their breach of their duty of care.
The Wildcard – Insurance
For every driver involved in the accident, different types of insurance may be in effect. The value of a claim will have largely to do with the kind of coverage every driver had – including your insurance. There are minimum policy requirements for some states. To make matters worse, insurance is still not required in every one of our 50 states. Virginia and New Hampshire have yet to jump on the insurance requirement bandwagon. New York, however, does require automobile insurance.
If you have been involved in a car accident, don’t hesitate another moment to speak to a legal representative from Pazer, Epstein, Jaffe, and Fein, P.C.. Contact us using our convenient online form or feel free to phone us in New York at 212-227-1212, or in Huntington/Long Island at 631-864-2429.