Personal injury claims in New York State arise when someone gets hurt – usually in an accident or through a chronic illness – and another person or company may be legally responsible for causing the harm. Medical malpractice, wrongful deaths, and workplace accidents are all common types of personal injury claims in New York. However, the most abundant type of personal injury claims are car accidents. In fact, motor vehicle crashes are the leading cause of injury related death for New Yorkers.
While the vast majority of personal injury claims are resolved through a settlement, that doesn’t mean that you should be quick to accept any offer that comes your way. It isn’t unusual for an insurance company to offer a quick settlement shortly after an accident. But keep in mind that insurance companies are in business to maximize their profits and minimize claims. It’s in their best interest for you to quickly accept the first lowball offer.
It can be difficult to understand how much your claim is worth and what to expect from a personal injury settlement in New York State. If you have been injured in an accident, a skilled New York personal injury attorney can negotiate with the insurer to get a more reasonable and fair settlement for your injuries.
Personal Injury Settlements in New York: Should You Hire a Lawyer?
Before you start the negotiation process with an insurance company, consider your situation. If you’ve incurred medical bills, missed work and especially if you anticipate needing further medical treatment, the expertise and knowledge of a New York personal injury attorney would be of use to you. Unless it is a minor issue, such a case under $5,000, a personal injury lawyer may be able to do more for you.
One of the best ways to protect your personal injury claim in New York is to be mindful of the process and deadlines to filing a claim and following through. A New York personal injury attorney will handle all communications and negotiations with insurance companies and the at-fault parties to ensure your best interest in the claim.
Medical Expenses in Personal Injury Settlements
Personal injury claims often include the value of your medical expenses. The higher the amount of medical expenses that you are seeking, the more complex the negotiation becomes. A New York personal injury attorney can do all of the negotiations on your behalf. Most insurance adjusters will take you seriously if you pursue a high-value claim with the help of a lawyer, making it much easier to obtain fair compensation.
If you anticipate that further medical treatment will be necessary such as with serious injury, your claim will include compensation for future damages. If your medical treatment will extend far into the future, or you have lasting injuries that will require ongoing treatment, your claim could include a demand for compensation for future medical expenses, future pain and suffering and loss of enjoyment of life, or lost income. A personal injury lawyer has expertise in calculating and negotiating for the maximum amount of compensation in these complex areas.
Non-Economic Damages in New York Personal Injury Settlements
Non-economic damages in a New York personal injury settlement are not tied to a specific expense or dollar amount. Rather, these damages compensate a victim for the changes in quality of life because of the injury. There are no specific rules around how these damages are calculated but they are usually a multiplier of the medical expenses. For instance, pain and suffering or emotional distress may be calculated to be anywhere from 1.5 to 5 times the amount of medical bills,
Insurance companies look at the severity and permanency of your bodily injuries. In other words, you will be entitled to more money for non-economic damages if you suffered a serious burn than if you bruised your leg. The more severe and permanent your injury is, the more pain and suffering you will experience. For car accidents, only certain types of serious injuries qualify for non-economic damages.
Because of the complexity and judgment required to estimate and demand a fair amount of compensation for non-economic damages in New York, a skilled personal injury attorney is imperative to get the compensation you deserve. Their experience will help to be prepared to explain and justify your calculation.
Brandon J. Broderick, New York Personal Injury Lawyer
There is no law requiring you to have a lawyer when filing a personal injury claim after an accident. However, working with an experienced New York personal injury attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from our team, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
With our proven track record of success with personal injury settlements and our commitment to client care, we can turn your setback into a comeback. Contact Brandon J. Broderick, Attorney at Law, for a free consultation.