If you have been injured in an accident caused by someone else’s negligence, you may be entitled to a personal injury settlement. However, the amount of your settlement will depend on various factors.
Here, you can learn 9 important factors affecting your personal injury settlement in New York.
The Severity of Your Injuries
One of the most significant factors that will impact your personal injury settlement is the severity of your injuries. If you suffered serious injuries that required extensive medical treatment, you will likely receive a higher settlement than if you suffered only minor injuries.
Your settlement may also include compensation for future medical treatment if your injuries are likely to require ongoing care. This is why seeking medical attention as soon as possible after an accident is important, even if you do not think your injuries are severe.
The Cost of Your Medical Treatment
In addition to the severity of your injuries, the cost of your medical treatment will also play a role in determining your personal injury settlement. This includes the cost of any immediate medical treatment you received and any ongoing care you may require.
Your attorney can work with medical experts to determine the cost of your current and future medical treatment, which will be factored into your settlement.
Lost Income and Future Earnings
If your injuries caused you to miss work or are unable to return to your job, you may be entitled to compensation for lost income. Your settlement may also include compensation for future earnings if your injuries will likely impact your ability to work.
Your personal injury lawyer will work with financial experts to determine the value of your lost income and future earning potential.
The Insurance Company Involved
The insurance company involved in your case can also impact your personal injury settlement. Some insurance companies are more willing to offer fair settlements, while others may try to minimize your compensation.
It is important to hire an attorney familiar with the tactics used by insurance companies and who will work to negotiate a fair settlement on your behalf.
Comparative Fault
New York is a comparative fault state, which means that if you were partially responsible for the accident that caused your injuries, your settlement might be reduced. For example, if you were involved in a car accident and determined that you were 25% at fault, your settlement may be reduced by 25%.
Your New York personal injury lawyer will work to demonstrate that you were not at fault for the accident or to minimize your percentage of fault to maximize your settlement.
Statute of Limitations
In New York, the statute of limitations for personal injury cases is three years from the accident date. This means that you must file your claim within three years, or you may lose your right to compensation.
By seeking legal representation, you have someone to ensure you meet all deadlines for filing your personal injury claim.
Evidence
The strength of the evidence in your case can also impact your personal injury settlement. This includes physical evidence such as photos and medical records, witness testimony, and expert opinions.
Your New York personal injury lawyer will work to gather and present the strongest possible evidence in your case to maximize your settlement.
Settlement Negotiations
The negotiation process can also impact your personal injury settlement. Your New York personal injury lawyer will work to negotiate a fair settlement on your behalf, but the final decision is ultimately up to you.
It is important to work with a New York personal injury lawyer who is experienced in settlement negotiations and will fight to ensure you receive the compensation you deserve.
Trial
If a fair settlement cannot be reached through negotiations, your case may go to trial. The outcome of your trial will impact your personal injury settlement, as a judge or jury will decide the amount of compensation you are entitled to.
Going to trial can be a lengthy and expensive process, so it is important to work with a New York personal injury lawyer who is experienced in trial proceedings and who will fight to ensure that you receive a fair settlement, whether through negotiations or at trial.
Achieve the Maximum Settlement for Your Claim with Help from a Personal Injury Lawyer
If you have been injured in an accident in New York, it is important to understand the factors that can impact your personal injury settlement.
Working with an experienced New York personal injury lawyer can help to ensure that you receive a fair settlement that takes into account all of these factors. Your lawyer will work to gather strong evidence, negotiate with the insurance company, and fight for your rights in court if necessary.
If you have been injured in an accident in New York, do not hesitate to seek legal help. Contact a New York personal injury lawyer today to discuss your case and learn more about your legal options.
