Having Experienced Legal Counsel Is Essential to Maximizing the Value of Your New York Injury Claim
Car accidents remain one of the leading causes of preventable injury and death across New York and the United States. These collisions may result in substantial medical bills and costs from lost productivity. According to the National Highway Traffic Safety Administration, “The $340 billion cost of motor vehicle crashes represents the equivalent of $1,035 for each of the 328 million people in the United States and 1.6% of the $21.4 trillion real U.S. gross domestic product for 2019.” Any person injured in a car accident in New York will typically be able to recover damages through a personal injury claim. Many different factors can influence how much that claim could be worth in New York.
Injury Severity
As a general principle, accidents that result in serious injuries will be worth much more than accidents where the victims injuries were more minor. What follows are just a few examples of more serious injuries that tend to result in higher payouts.
- Spinal Cord Injuries: Damage to the spinal cord can result in long-term disability that impacts a person’s capacity to be gainfully employed.
- Head Injuries: Major head injuries can cost hundreds of thousands or even millions to treat over a person’s lifetime.
- Broken Bones: Any type of broken bone can prevent a person from being able to work for substantial periods.
The severity of any injury may not be immediately obvious directly after an accident. This is why it is so crucial that accident victims continue to seek medical evaluations throughout the recovery process.
The Presence of Lost Wages
Another important factor that will help determine the cost of any personal injury claim in New York is the presence of lost wages. Two different individuals may sustain identical injuries. But the value of the lost wages that accrue could be substantially different if one individual was unemployed and the other was in a high-paying field. It is important for accident victims to properly document all of the lost wages that accrue throughout the course of their injury.
Comparative Negligence
New York is one of many states that adjudicates personal injury claims on the basis of comparative negligence. In other words, accident victims are able to still recover damages even if they were partially at fault for an accident. There are some important caveats to consider.
- Courts will reduce the value of damages awarded to victims when they are considered to be partially at fault for an accident. For example, if a person is awarded $100,000 and determined to be 20% at fault, their award would be reduced by 20% to $80,000.
- Another important factor to consider is whether or not liability for any accident is clear. In some cases, liability will be very clear. A victim may be rear-ended by a driver that was speeding. When an injury is the result of a defect with a vehicle, establishing liability can be very difficult.
Insurance companies will do everything in their power to reduce the value of accident claims. This will often involve them saying that the victim was at least partially at fault. Having skilled legal counsel in these situations can be enormously beneficial to achieving a positive outcome in any New York accident case.
Insurance Limits
No matter how severe a person’s injuries were or how much they lost in terms of wages, one of the key factors in terms of case value is insurance limits. Different vehicles will often have very different insurance policy limits.
- In New York, the minimum auto insurance requirements are 25,000 for bodily injury per person and $50,000 for bodily injury claims per accident.
- Buses that can carry 16 or more passengers in New York will need a minimum of $5 million in insurance coverage.
- Most commercial trucks will have at least $1 million in insurance coverage.
In certain situations, there could be multiple liable parties. Accident victims may be able to take advantage of numerous insurance policies in order to get the most compensation possible for their injuries.
Getting Legal Help After a New York Car Accident
We at GLK Law understand how difficult it can be to move forward after a car accident in New York. Victims are often left wondering how they will pay all of their bills if they aren’t able to return to work. To make matters worse, insurance companies will do everything in their power to avoid responsibility for what happened. This is where we can help.
If you or someone that you care about has been injured in a New York car accident, you may be entitled to compensation. Our team of highly experienced New York City car accident attorneys is here to assist you. We are committed to helping victims understand their rights and holding negligent drivers accountable for their actions. Whether you just have legal questions or are wondering how an attorney might be able to help with your particular situation, we are here to serve your needs. You can contact us any time at (516) 908-9792.
