Most Americans live paycheck to paycheck, so missing just a few weeks of work due to an injury is enough to fall behind on essential bills. Even a relatively well-off individual can find it challenging to make ends meet after being sidelined from work and accruing steep medical bills.
Fortunately, if your injury was caused by another person’s negligence or intentional act, you may have grounds for a personal injury claim. As we’ll discuss in this blog, the types of damages you might recover and their value will depend on numerous factors. The best way to determine if you have grounds for a claim and to calculate a fair settlement amount is to consult a seasoned personal injury attorney.
At LoTempio P.C. Law Group, we have many decades of experience representing the injured and their families. We can make sure your claim includes all potentially recoverable damages including non-economic losses that you might have overlooked. Call 716-855-3761 to schedule a case evaluation with one of our New York accident lawyers.
Read on to learn a few factors that may affect the potential value of your personal injury claim:
1. Your Own Percentage of Fault
The state of New York follows a system of pure comparative fault when awarding damages in personal injury cases. That means claimants may recover compensation even if they were partially liable for the accident; however, the total amount they can collect will be reduced by their own percentage of fault.
For example, if you slipped and fell on someone else’s property but you were looking down at your phone when it happened, you might be deemed 10 percent liable. Therefore, if you incurred $50,000 in damages, you could recover up to $45,000, or 90 percent.
2. The Defendant’s Total Insurance Coverage
In most cases, plaintiffs cannot collect a settlement larger than the defendant’s insurance coverage limits. Although there are exceptions, recovering additional compensation typically requires going to trial and may even call for another lawsuit on the grounds of “bad faith refusal to settle.” Your attorney might recommend this approach if your damages are extensive.
3. The Severity of Your Injuries
More severe injuries usually result in larger settlements. Not only do they cost more to treat, but they also may affect the victim’s emotional health and overall quality of life in a significant way. Injuries that tend to result in larger settlements include:
- Spinal cord injuries;
- Traumatic brain injuries;
- Lost limbs;
- Burn injuries; and
- Anything that causes permanent disability, severe scarring, or disfigurement.
Discuss Your Case with a Personal Injury Lawyer in New York
If you were hurt in a preventable accident and want to hold the liable party financially accountable, turn to LoTempio P.C. Law Group. Our compassionate accident attorneys are ready to provide the legal advice you need and the aggressive representation you deserve. Call 716-855-3761 or fill out our Contact Form to schedule a consultation with a personal injury attorney in New York.