A car accident can be one of the most stressful experiences of your life. It can be even more traumatic if you have to go through the legal process. Most importantly, if you have been in a car accident, you must have your car insurance, medical bills, police reports, and all evidence available. These will help your case significantly if you decide to sue for compensation.
Before you do anything, you must understand that you must retain the services of a reputable and experienced lawyer to handle your case and, if necessary, file a lawsuit. There is a statute of limitations in personal injury cases. If you file a lawsuit in New York for your car accident after the three-year deadline has passed, your case will almost certainly be dismissed. So, contact Gregory Spektor & Associates, P.C. right away to get started!
How Much Can You Sue for a Car Accident?
The law allows you to sue for a sum of money equal to your legal damages. Although punitive damages are rarely awarded in negligence-based claims, you can sue for them. In either case, retaining competent legal counsel from a personal injury attorney is the most effective way to maximize your compensation. Among the legal damages you can seek are:
- Pain and suffering.
- Medical expenses.
- For your loved ones, loss of consortium.
- Lost wages.
- Property damage.
- Reduced earning capacity, if any.
Factors Determining How Much you can Sue for a Car Accident
A variety of factors influence the amount you can sue for in a car accident. Some of them are the cost of your medical bills, the amount your insurance policy covers, and the length of time you were out of work, to name a few. These are just a few of the variables that may influence your settlement.
The Medical Expenses
If you are injured in a car accident, you will incur medical expenses, some of which may last the rest of your life, depending on the severity of your injuries. Furthermore, these costs can add up at any stage of medical assistance: from the cost of an ambulance transfer to the cost of an emergency room, the medical bills can’t come soon enough. When you are injured in a car accident, you must consider not only your medical expenses but also the hours of work you will have to miss as a result of the accident’s impact.
For these and other reasons, you should hire a well-trained lawyer to handle your personal injury claim. Personal injury claims cover any type of emotional, physical, or mental harm. “Bodily injury” refers to damage that is specifically obtained physically.
You will also require legal counsel to keep the insurance companies in check. In such cases, they will seek a small, quick settlement before you have had a chance to fully understand the extent of your injuries. If the settlement amount offered by the insurance company does not fully cover your medical expenses, your personal injury attorney will file a personal injury lawsuit. The jury will determine the outcome of the lawsuit. According to legal experts, an individual who is legally obligated to offer compensation is at fault. This is also known as “tort liability.”
Car Insurance is Key
Almost every state in the United States requires car owners to have car insurance. If you are injured in a car accident, the amount of compensation you will receive will be determined by several factors. However, the type of insurance policy, liability coverage, and policy limits that you and the other party have will be the most important considerations.
For example, if the at-fault party is uninsured or does not have adequate insurance coverage, your settlement offer will be less than ideal. If your insurance policy does not include uninsured motorist coverage, your settlement may be less than satisfactory.
Here’s how the type of insurance policy you have can affect how much you can sue for a car accident.
No-Fault Insurance in New York
Only a few states, including New York, have no-fault insurance. In this case, each insurer is responsible for their own client’s expenses. No-fault states do not consider which driver was at fault in their quest to unclog the system by keeping minor insurance claims out of courtrooms.
Under New York’s no-fault system, the auto insurance company will pay up to $50,000 in basic financial losses regardless of fault. This figure takes into account up to 80% of your lost wages as well as all of your medical expenses. However, New York law allows you to opt-out of the no-fault system if you were seriously injured or your financial losses exceeded the limits of your insurance policy.
If you sustain serious injury, you can file a lawsuit against the at-fault driver regardless of your losses. In this type of case, your lawyer can seek both monetary and non-monetary damages, such as pain and suffering.
You can sue the at-fault driver if your losses exceed $50,000 despite the fact that you were not seriously injured. The law, however, restricts your damages to all unreimbursed economic losses.
Exceptions to No-Fault Insurance Compensation
Insurance companies must compensate their customers for lost wages, medical bills up to $50,000, and minor injuries, regardless of who caused the accident. They are not required to pay you anything if any of the following events occur:
- If you intentionally caused the accident
- If you were driving while impaired with drugs or alcohol
- If you own an uninsured car
- If you are involved in a motorcycle or ATV accident as a passenger or driver (here, injured pedestrians are exempt from this exception)
- If you are injured while knowingly riding or driving a stolen car
- If you are injured while committing a felony
Who was At-Fault
Proving who caused the accident is a major factor in determining the value of your car accident claim. If you can demonstrate that the other driver was at fault and breached their duty of care, resulting in the car accident, you may have a strong case for a justifiable settlement amount.
However, if the other party can prove that you were at fault in the car accident, the settlement amount will almost certainly be reduced. For example, if you had a broken tail light and were rear-ended by a vehicle that was following you too closely, it is partly your fault because the driver did not see you slowing down.
In either case, you’ll need a competent and experienced lawyer to prove who was at fault and to keep the insurance company from unfairly blaming you for the accident, whether partially or entirely. If you are in such a situation in New York, please contact Gregory Spektor & Associates, P.C. right away.
Property Damage
The amount you can sue for in a car accident is also determined by the value of the property that was damaged. If you are involved in a car accident and your vehicle sustains damage or is “totaled,” you may be entitled to compensation. If your car is damaged in a car accident, the at-fault driver is responsible for replacing or repairing it under their property damage policy. If the person who caused the accident contests the accident, a lawyer will assist you in filing a lawsuit to ensure you receive the full amount of the settlement you deserve.
Are you Able to Work?
After being involved in a car accident, the chances of missing work are quite high. The length of time you are not permitted to return to work as a result of the accident is determined by its severity. If you were injured in a car accident, you may have to miss work due to surgery, recovery, rehabilitation, and doctor’s appointments, to name a few.
Unless you are self-employed, suing for lost wages is a fairly common legal procedure that is relatively simple to prove. This does not mean you cannot sue for lost income if you are self-employed. It simply means that proving the precise amount of lost wages will take more effort. You may require the assistance of an experienced and cautious injury lawyer to prove lost income.
In some severe cases, the injuries may be so severe that you will never be able to work again. If this is the case, your lawyer will work closely with you and the corresponding insurer to reach an agreement for a settlement that is both best for you and fair.
The Impact on your Life
Auto accidents can cause more than just physical damage. As previously stated, personal injury can refer to any type of pain and suffering caused by a car accident, including emotional and mental damage. Other types of harm may include driving phobia, depression, anxiety, and other intangible harm.
It can be difficult to put a monetary value on intangibles like emotional or mental health. As a result, you will require the assistance of a highly qualified and reputable personal injury attorney. He or she will work with you and your insurance company to ensure that you receive a fair settlement that adequately compensates you for how the car accident has affected your life now and in the future.
It may be difficult or embarrassing to discuss it with your injury lawyer, but it is critical. This allows them to capture the full extent of your pain and suffering, allowing them to use the information to pursue the best possible settlement for you. The amount you can sue for is determined by the severity of the car accident and the amount of mental and emotional pain you are experiencing.
Out-of-pocket, Miscellaneous Expenses
Being involved in a car accident is expensive, even if you were not at fault. For example, if your car is no longer operable, you may need to rent one for daily use. Renting a car is not cheap, especially in New York. Most car rental companies charge by the day, so the cost can quickly add up. Remember that this price does not include the cost of gas.
You may have also been injured in a car accident, necessitating the need to hire a cleaning service to assist you around the house while you recover. Depending on how frequently they come, the extra expense for basic household help can quickly drain your account.
Additionally, you may need to hire someone to assist you with your laundry, grocery shopping, daily errands, cooking, and many other daily living activities.
If you are paying for all of these additional expenses as a result of a car accident, they should be included in your auto accident settlement. Nothing that comes out of your pocket should go unpaid. As a result, keep detailed records of all your expenses, including receipts for any expenses incurred as a result of the car accident. In a car accident lawsuit, this will determine how much you will sue the other party for.
The Time you are Willing to Wait
Both the insurance and legal processes can be time-consuming. A car accident case involves a number of behind-the-scenes activities. Some of them include seeking proof and gathering evidence; filing all required and necessary paperwork; speaking with witnesses; negotiating claims, and other time-consuming processes. All of these processes can be overwhelming, especially if you are unable to function optimally due to injury. It can also be unbearable to watch the bills pile up while you wait for a much-needed settlement offer.
However, all is not lost. An experienced attorney will tell you that the more patient you are, the better your chances of receiving the necessary and deserved compensation. Furthermore, you can take advantage of this valuable time to gather all receipts and assess the true extent of the damage you and your vehicle sustained. Some injuries, for example, may remain hidden for a year before manifesting. If you accept a settlement offer too quickly, some of the medical expenses you will incur as a result of the car accident will be uninsured. So, while it may appear difficult at first, patience will help you get the best possible settlement in the long run.
Are You in Search of the Best Personal Injury Attorneys in New York? Welcome to Gregory Spektor & Associates P.C.
Gregory Spektor & Associates, P.C.’s highly trained and experienced attorneys want to fight for you. If you or a loved one has been involved in a car accident, you need an attorney who is not only knowledgeable about personal injury cases but also compassionate and concerned about your case.
Because your well-being is our top priority, we value our attorney-client relationship. So, let Gregory Spektor & Associates, P.C. fight for the full compensation you require and deserve. Rest and concentrate on your health while we handle your legal issues.
For more information on how much you can sue for in a car accident, contact Gregory Spektor & Associates, P.C. in Queens, NY. You can also make an appointment by calling 1(888) 797-7735 today.
