“HOW MUCH IS MY CASE WORTH?”
It is one of the first questions many people ask after a serious car accident.
And it is completely understandable.
A major crash can affect nearly every part of your life. You may be facing medical treatment, time away from work, vehicle damage, physical limitations, and uncertainty about what the future looks like.
But there is no universal price tag for a serious car accident claim.
Two people can be involved in crashes that look similar from the outside and end up with very different legal claims.
What Determines the Value of a Car Accident Case?
The value of a case depends on the specific facts.
One major consideration is the severity of the injury.
A serious fracture, traumatic brain injury, spinal injury, permanent impairment, or other significant injury may have consequences that extend far beyond the first hospital visit.
The length and type of medical treatment can matter. So, you can determine whether additional treatment is expected, whether the injury affects your ability to work, and whether the injury changes your ability to perform everyday activities.
The circumstances of the crash also matter.
If another driver was responsible, evidence establishing liability can be critical. Photographs, video, witness statements, police reports, vehicle damage, and other evidence may help establish how the collision occurred.
Does New York’s No-Fault System Affect My Case?
YES. AND THIS IS WHERE NEW YORK CAR ACCIDENT CLAIMS CAN GET CONFUSING.
New York’s no-fault system generally provides first-party benefits for certain medical expenses and lost earnings after covered motor vehicle accidents, regardless of who caused the crash.
But no-fault does not mean you automatically receive compensation for every type of loss from the other driver’s insurance company.
New York law generally restricts recovery for non-economic loss arising from motor vehicle accidents unless the injured person meets the statutory serious injury requirement. (Department of Financial Services)
That means the nature and severity of the injury can become extremely important.
What Does “Serious Injury” Mean in New York?
New York law provides specific categories that qualify as serious injuries.
These can include certain significant fractures, permanent limitations, significant disfigurement, permanent loss of use of a body organ or member, and other conditions identified in the statute. The law also includes categories involving medically determined impairments that affect a person’s ability to perform substantially all of their usual daily activities substantially for a qualifying period. (Department of Financial Services)
This is one reason you should not try to calculate the value of your case simply by looking at another person’s settlement.
Your injuries, medical records, prognosis, losses, and legal circumstances may be completely different.
Do Medical Bills Determine the Value of My Case?
NOT BY THEMSELVES.
Medical expenses are one part of the overall picture, but a serious injury claim can involve much more.
Consider what the injury has changed.
Can you return to your previous job? Did you lose income while recovering? Will you require additional treatment? Has your physical ability changed? Are normal activities more difficult? Has the injury created long-term limitations?
These questions can matter when evaluating the overall impact of a crash.
It is also important to document your losses. Keep medical records, bills, wage information, appointment records, prescriptions, and other documents connected to your recovery.
What If I Was Partially at Fault?
A serious injury claim is not necessarily reduced to a simple “100% their fault or 100% my fault” question.
New York follows a comparative negligence framework, meaning a person’s percentage of responsibility can affect the amount recoverable. (NYSenate.gov)
That makes evidence particularly important when liability is disputed.
If the other driver’s insurance company claims you contributed to the collision, do not assume that statement is the final answer.
The facts need to be examined.
Why Can’t an Attorney Give Me a Number Immediately?
Because guessing can be dangerous.
A serious injury may continue developing after the initial diagnosis. Treatment may change. Doctors may discover additional complications. Your ability to work may be affected differently than initially expected.
The legal value of a claim should be evaluated using the evidence, not a random multiplier or a settlement calculator found online.
An attorney reviewing your case may examine the collision, available insurance coverage, medical records, lost income, future consequences, liability, and other factors before discussing what the claim may potentially be worth.
What Should I Do If I Suffer a Serious Injury in a Crash?
GET MEDICAL CARE. DOCUMENT WHAT HAPPENED. PRESERVE YOUR EVIDENCE. AND DON’T RUSH TO SETTLE.
Do not assume that because an insurance company has offered money, the offer represents the full value of your claim.
Once a serious injury is involved, the consequences can last much longer than the vehicle repair process.
You deserve to understand what you are dealing with before making a decision that could permanently resolve your claim.
How Can Law Office of Seni Popat, P.C. Help?
If you suffered a serious injury in a New York car or truck accident, Law Office of Seni Popat, P.C. can review the facts of your collision, investigate liability, evaluate the available evidence, and explain your legal options.
The Law Office of Seni Popat, P.C. serves injured New Yorkers throughout Queens, Brooklyn, the Bronx, Nassau County, Suffolk County, and New York City.
Do not let an insurance company decide what your claim is worth before you understand the full picture.
CONTACT Law Office of Seni Popat, P.C. at (718) 340-3385 to schedule a consultation about your car accident case.
