When someone has been hurt in a car crash, their main priority is getting their life back to normal. That means, among other things, paying their medical bills, recovering the money they lost from work, and compensating them for intangible personal losses. Because most car accidents settle out of court, it’s essential to ensure that you are fully and fairly compensated for the injuries you’ve suffered.
Various factors will affect the amount of your settlement. Perhaps the most important one is the quality of legal representation you have. Learn more about how Bornstein & Emanuel, P.C. seeks the maximum amount of compensation for our Nassau and Queens car accident clients.
One Chance For a Fair Settlement
The majority of car accident cases settle out of court, because it is typically in the best interests of all parties. You will, however, need to weigh the final settlement offer you receive against the risks of trying the case. Your attorney can assist with this process.
It’s important to understand, however, that you only get one chance to settle your claim. Once you sign the settlement paperwork, your case is over for good. This makes it critical to ensure that the settlement you receive covers not only your current losses (e.g. medical bills) but reasonably estimated future ones as well (e.g. decreased work capacity).
What Affects the Value of Your Case?
Every car accident is different, therefore the factors that affect how much your case is worth (and the ultimate settlement amount) will be different than someone else’s car accident lawsuit. But there are several considerations that affect all car accident claims in Nassau and Queens. Some examples include:
- The significance of your injuries: If you were severely hurt in your car crash, you will have major medical bills for hospitalization, surgery, and more. You are also more likely to have ongoing medical needs. As part of your settlement, you can seek compensation for reasonably estimated future medical expenses.
- How much work you have missed: Missing work is to be expected if you’re in a car accident, with more serious injuries corresponding to more work missed. It may be some time until you are recovered and able to work a full schedule, so you will need to document all earnings you will reasonably expect to lose.
- Whether you are disabled: Some accident victims in Nassau and Queens are so injured that they can never return to the same line of work, at least not at full capacity. If your injuries are disabling, you will miss out on future income, promotions, bonuses, retirement benefits, and more. You will also need more intensive medical care.
- The attitudes of the opposing parties: The at-fault driver (or other party), along with their lawyers and insurers, will play a significant role in what the settlement amount is. Many insurers attempt to downplay victims’ injuries, especially for so-called non-economic damages like pain and suffering. If the insurers and lawyers won’t negotiate in good faith, a trial will be necessary.
- The strength of your evidence: The more evidence you have pointing to fault – including photographic and video evidence and witness statements – the better your case will be. You should also be able to document your damages through such evidence as medical records. Finally, an expert witness may need to explain how your injuries will affect you in the future.
- Whether you were partially at fault: Not all car accidents are black-and-white in terms of fault; some cases in Nassau and Queens involve situations where the driver was partially to blame. Although you can still recover compensation, your damages will be reduced in proportion to your fault. This rule, known as comparative negligence, will affect settlement discussions.
Put Our Experience to Work For You
From the conference room to the courtroom, you can depend on Bornstein & Emanuel, P.C. to advocate for you. If a settlement is possible, we will work for it; and if not, we will be prepared to take your case to court. Call or contact us online now to learn more.
