- March 13, 2025
- Tucker Law
- Personal Injury Lawsuits
An accident can upend your life in an instant, leaving sizable medical bills, lost wages, and uncertainty about the future in its wake. If you’ve been injured in a vehicle wreck or other mishap, understanding what accident claim factors might apply can contribute to the success or failure of your ensuing claim.
The amount of compensation you can receive depends on a number of conditions, including how severe your injuries are, the available evidence, and how liability is determined. By knowing what elements might impact the value of your claim, you can improve your chances of obtaining the compensation you need.
Key Factors Affecting Injury Settlements in New York
Severity of Injuries and Medical Treatment
The extent of your injuries will play a key role in determining the value of your claim. More severe injuries typically yield higher compensation because they require extensive medical treatment and longer recovery periods and could potentially lead to permanent disability.
Possible expenses include:
- Emergency room visits and hospital stays
- Surgeries and other procedures
- Physical and occupational therapy
- Prescription medications and assistive devices
- Additional treatment or doctor visits for permanent disabilities.
These and other related expenses must be considered when evaluating an accident claim to ensure that the victim receives the compensation they need. It’s important to understand your rights when pursuing a personal injury claim in New York and the factors affecting injury settlements.
Liability for the Accident
One of the biggest factors of an injury claim is who is at fault for the accident. New York follows a pure comparative negligence rule, which means if you bear any responsibility for the accident, it will affect your overall compensation. For example, if you were found to be 20% at fault, your compensation would be reduced by 20%. However, you could still receive 1% of your eligible compensation even if you were 99% responsible for the accident.
Gathering compelling evidence, such as police and insurance reports, witness statements, and photo or video footage, can help you establish liability and set you on the path to fair compensation.
Insurance Coverage and Policy Limitations
Another injury settlement factor to be aware of is the potential limits of the at-fault party’s insurance policy. Most drivers carry the minimal required amount of liability insurance, but many may not have more coverage than necessary. If your medical expenses and losses exceed the at-fault party’s policy limits, recovering additional compensation may be challenging.
By understanding the limits of the at-fault party’s insurance policy, you can determine whether you’ll need to pursue additional sources of compensation.
Concrete Evidence and Records
A successful accident claim will have substantial evidence backing it. The more evidence you have that clearly showcases the impacts of your injuries and the negligence of the at-fault party, the better your chances of securing fair compensation.
While many different types of evidence could help your claim, some of the strongest and most common types include:
- Medical Records: This includes everything from treatment records, surgery notes, and bills to prescriptions and written statements about your injury.
- Accident Reports: Police and insurance reports or other paperwork can provide crucial details about the circumstances of the accident.
- Photos and Video Footage: Photographic evidence allows you to document your injuries and property damage, as well as the scene of the accident.
- Witness Statements: Testimony from individuals who saw the accident happen can be highly valuable for your claim.
These types of evidence serve to bolster your claim and minimize the likelihood of disputes from insurance companies.
A qualified attorney can help determine what forms of evidence will best support your case. Call Tucker Lawyers PC today at (516) 399-2364 for a free consultation.
Lost Wages and Impacts on Employment
When your injuries prevent you from maintaining regular employment, you may be entitled to compensation for your lost income. This can include wages forfeited during recovery, lost future earnings for prolonged unemployment, and reduced earning capacity if you’re unable to return to your former job. Pay stubs, tax returns, and employer statements can help support your claim for wage compensation.
Pain and Suffering
Pain and suffering damages are a subcategory of non-economic damages, which reflect losses that don’t have a fixed monetary value, as opposed to things like medical bills or lost wages. These awards are intended to compensate victims for effects like intense physical pain or chronic discomfort, emotional distress, and loss of enjoyment of life.
Insurance companies typically use a multiplier method or per-diem calculations to determine pain and suffering compensation. A knowledgeable attorney can negotiate for these damages on your behalf to ensure that you’re fairly compensated.
Delays in Filing a Claim
In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. However, certain exceptions may shorten this timeframe, including:
- Claims made against government entities
- Wrongful death claims that have specific filing deadlines.
Filing your claim promptly will ensure that you don’t miss critical cut-offs that could jeopardize your right to receive the compensation you need.
How Skilled Legal Representation Can Benefit Your New York Injury Claim
Lawyers Are Powerful Advocates for Injury Victims
One of the primary factors influencing injury settlements is quality legal representation. Insurance companies often try to minimize payouts to victims, and without the assistance of a seasoned attorney, you may not get the comprehensive support you have coming to you.
Here are some of the ways an attorney can help your case:
- Investigating the accident and gathering robust evidence
- Negotiating with insurance companies to reach an equitable settlement
- Filing the necessary paperwork and ensuring that all key deadlines are met
- Representing you in court if your case goes to trial.
Having legal representation on your side can mean the difference between “settling” for an insufficient settlement and getting the fair and adequate compensation you need to move forward.
Tucker Lawyers PC Can Take the Lead on Your Accident Case
Trying to manage an accident claim yourself can be overwhelming, especially when you’re recovering from serious injuries. At Tucker Lawyers PC, we’ve worked with countless clients in similar circumstances and understand the unique challenges you’re facing.
If you’ve been hurt in an accident, call Tucker Lawyers PC today at (516) 399-2364 to arrange a free consultation. Our legal team will review your case and help you take the appropriate steps to recover much-needed compensation.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]