Assume that you have just been in a car accident in New York, one of the most congested cities in the world. You are overwhelmed and in pain, and suddenly, you are left with nothing but the responsibility of paying all of the pending bills.
Worst of all, you cannot return to work due to injuries. Then, out of the blue, you receive a potentially ambiguous offer from the insurance company representing the at-fault driver.
While it seems like a quick fix, you can’t help but wonder: will this suffice to offset all expenses incurred by accident?
For this reason, no matter your circumstances – automotive accident, slip and fall, or workplace injury – it is crucial to know how to proceed with a personal injury claim.
In this article, we are going to guide you on what should be expected in a New York personal injury settlement and the factors affecting it.
The Process of Personal Injury Settlements
When you understand the steps involved in this process, you can effectively proceed with your claim. The steps of the settlement procedure are:
1. Hire a Personal Injury Lawyer
The first step in pursuing a personal injury compensation claim is consulting with a lawyer who handles personal injury cases. Even if the concept of managing legal affairs seems daunting initially, the best New York personal injury lawyers will guide you throughout the process.
As you discuss with your lawyers, they will listen to your side of the story, get to know more about your injury, and clarify any doubts. They will assist in explaining your rights, laying down expectations of the process, and advising you on the right step to take.
2. File the Claim
If you have decided to go forward with your personal injury case, your attorney will assist you in filing the claim with the insurance company of the party at fault or the court. Your attorney will help you compile all the facts you need for the claim.
For instance, your records of medical treatments, police reports of your accident, and other documents are required in court. These documents are important as they describe your injuries, the extent to which you have suffered due to the accident, and the damages you wish to recover, including medical costs, lost wages, and emotional damage.
Your lawyer will also ensure all the documents are submitted appropriately and explain your case as precisely and strongly as possible.
3. Offer Negotiation
When you file your claim, the insurance firm or the defendant may come to the negotiating table and offer to pay for your case to be settled without proceeding to trial. At this stage, your attorney will assess the offer to ensure that it is reasonable and sufficient to compensate for the damage incurred.
If the offer is unsatisfactory or does not meet your expenses, your lawyer will reject it on your behalf to get the offer improved. This effort can be made to pursue a larger settlement figure or to proceed to trial.
So, your attorney is there to protect you from accepting less than what you are entitled to and help you through this lawsuit.
Factors Affecting the Personal Injury Claim
There are several factors that may affect your personal injury settlement claim. Here are some examples –
1. Injury Type
The degree of your injuries is possibly among the most crucial aspects when deciding the amount of your compensation. If the injuries sustained cause severe or permanent disabilities, they are likely to result in higher compensation amounts.
For example, a traumatic brain injury or a spinal cord injury that leaves a scar or some kind of blemish. These types of injuries can be chronic and may necessitate follow-up medical treatment, physiotherapy, and lifestyle changes.
Since the effects are long-term, your settlement will be indicative of the long-term costs that will be needed for your recovery.
2. Lost Wages
If by any chance you had to miss work due to the injury, it’s reassuring to understand that you may be entitled to compensation for the lost wages.
The amount will cover not just the money that you have lost up to the time of compensation but also any potential wages that you may lose if the injury persists.
For instance, if your injury restricts your opportunities for employment or reduces your income, it should be reflected in your compensation.
3. Case-related Evidence
The degree of evidence that supports your case also has an impact on the kind of settlement you will receive. Suppose you have all the medical records, witness statements, or accident reports that can support your claim. In that case, you are likely to get a fair settlement.
These pieces of evidence give the jury and the judge a clear picture of what transpired and how much the injuries have impacted your life. That is why, if there is insufficient evidence to back the claim, the insurance company or the defendant will not be willing to offer reasonable compensation. Instead, they may take a lower offer or attempt to delay the legal process.
Conclusion
Personal injury claims can be a complex procedure. The process may involve hiring a lawyer, filing a complaint, and negotiating the offer. Your case also depends on several aspects, such as injury type, lost wages, and evidence.
However, with the mentioned information, you get a clear idea of how your settlement is going to proceed and assist you in important decision-making.
