If you get injured in a car accident in Queens, it is important to determine the true value of your injury claim. That way, you won’t be blindsided by a car insurance company that may try to take advantage of you with a lowball settlement. The best way to get an accurate idea of your case value is by contacting a local car accident lawyer in Queens and requesting a free evaluation.
Factors That Affect Car Accident Settlement Values
It is important not to base the potential value of your individual car accident case in Queens on any “average” you may find in your research, as someone else’s case will be entirely different from your own.
While you may be able to get a general idea (e.g., mild injuries can receive $15,000 to $100,000, but catastrophic injuries could exceed $1 million), specific amounts can vary greatly based on numerous factors.
New York’s Car Insurance Laws
New York is a no-fault state, meaning when a driver is involved in a car accident, they seek compensation from their own car insurance company, regardless of fault. You should have up to $50,000 available in personal injury protection (PIP) insurance on your own policy to pay for your medical bills and lost wages.
If you suffered a serious injury, however, you are permitted to file a claim against an at-fault driver outside of the no-fault system. This could give you access to a greater amount of compensation through the other driver’s bodily injury and property damage liability coverage.
Injury Severity
Another major factor that can influence the value of a car accident settlement in New York is the severity of the victim’s injuries. Serious and catastrophic injuries can impact a victim for years or a lifetime, leading to a vast amount of damages. For this reason, serious injury claims generally receive higher settlements than minor injury cases.
Comparative Negligence
New York has a pure comparative negligence law that can reduce a car accident victim’s settlement by an amount equivalent to his or her degree of fault. A claimant can be assigned up to 99 percent of fault for a car accident and still receive a portion of compensation. However, the settlement will be reduced by a percentage that matches the victim’s fault.
What Types of Compensation Are Available?
The types of compensation that may be available to you as a car accident victim can also determine the overall value of your final settlement.
Common types of compensation include:
- Medical bills (present and future)
- Motor vehicle repairs or replacement
- Lost wages and lost future earnings
- Disability accommodations
- Out-of-pockets costs
- Pain, suffering and emotional distress
- Punitive damages, in some cases
Typically, a car insurance claim only provides compensation for economic damages, or financial losses. A lawsuit, on the other hand, could lead to pain and suffering damages, as well.
How to Improve Your Queens Car Accident Settlement
If you want to maximize your insurance settlement as a car accident victim in Queens, the most effective way to achieve this goal is by consulting with a local car accident attorney. While no lawyer can guarantee specific results, hiring an attorney can allow you to build a stronger claim and negotiate a fair and full settlement from an insurance adjuster.