Tag: car accident lawyer

How Much Do Most Car Accident Settlements Yield?

When most people think of a lawsuit, they visualize what they’ve seen on television or in movies, i.e. lawyers and their clients battling it out in court to avail high damages figures. But the reality is that most car accident claims get settled out of court between involved parties and their insurance companies. There are several reasons why this is the case, but the main reason is that conducting a trial is not only expensive for involved parties but for the court as well, and it’s best if only cases that cannot reach a resolution outside of court get heard.
So how do settlements work, and more importantly, what determines the value of a car accident settlement? For answers to these questions and other information regarding settlements, read through this blog.

What Determines a Settlement’s Value?

A settlement figure is largely determined by the injuries and property damage that result from a car accident. If a party is significantly injured and their vehicle has sustained significant damage, they will seek monetary compensation, otherwise known as “damages” in the legal sphere, to offset accident-related expenses. They may also seek damages for:

• Medical bills
• Pain and suffering
• Lost wages
• Loss of life enjoyment
• Loss of earning capacity

Economic damages are usually awarded to offset fixed costs that an accident victim is saddled with following the accident, whereas general damages are used to offset expenses related to personal injuries that are hard to quantify, like pain and suffering, loss of life enjoyment, disfigurement, and dismemberment.

What Injuries Are Common Following Car Accidents?

A variety of injuries can result from a car accident. The kind of injuries sustained has a lot to do with how severe the car accident was. But just because an accident is minor doesn’t mean severe injuries can’t result from it. It could be the case that you get rear-ended and you slam your head against the windshield in such a way that causes a traumatic brain injury. Here are common car accident-related injuries:

• Burns
• Traumatic brain injuries
• Hand & wrist injuries
• Foot & ankle injuries
• Facial disfigurement
• Dismemberment
• Shoulder injuries
• Knee injuries
• Broken ribs
• Broken pelvis
• Whiplash
• Spinal cord injuries
• Internal bleeding
• Crush injuries
• Soft tissue injuries
• PTSD
• Cuts & lacerations

The extent of your injuries will largely determine how much you get in a settlement. For example, if you only have injuries that require a few treatments and you’ll be back to work soon, you’ll get less in a settlement than someone who’s sustained a traumatic brain injury that will affect them for the rest of their life.

How Much Do Car Accident Settlements Generally Yield?

Although a car accident settlement figure largely depends on a variety factors, generally speaking car accident victims settle for between $40,000 and $42,000. Those who are involved in truck accidents settle for a similar amount, but those who are involved in motorcycle accidents tend to settle for much more ($60,000). The reason why motorcycle accidents have higher settlement figures is because these are usually associated with more severe injuries. And just because the average settlement figure is $40,000 doesn’t mean this is what you’re going to take home, but more on that later.

What Are Some Settlement Negotiating Do’s and Don’ts

Negotiating a settlement can be a big win or a big loss depending on how you approach it. Here are some do’s and don’t to keep in mind:

Don’t Answer Questions Without a Lawyer Present

You should never talk to involved insurance providers without a car accident lawyer present. You should even be skeptical when talking to your own insurance provider. One wrong statement could preclude you from seeking a fair amount in compensation, or you could preclude yourself from seeking compensation altogether. A lawyer will make sure you speak tactfully and only tell the insurance providers what they need to know—nothing more.

Don’t Take a Low-Ball Settlement

It’s common for insurance companies to offer low-ball settlements to car accident victims. You shouldn’t take one even if you want to settle the claim fast. If you settle too soon, and you develop injuries later on that force you to get expensive treatments and long-term care, you won’t be able to sue at-fault parties because of the settlement you agreed on earlier.

Don’t Come With an Unrealistically High Figure

You should refrain from coming to the negotiating table with an unrealistically high figure. Doing so may tell the insurance company that you’re not serious, and they may just walk away from the table and wait for you to cave. If you take an at-fault party to court and demand a high figure, it’s likely a jury won’t grant you this, so it’s best to stay realistic.

Don’t Be Afraid to Take Things to Court

Don’t be afraid to take things to court if a settlement can be reached. Although most car accident claims get resolved out of the courtroom, there are times when taking a claim to court is necessary. If an insurance provider refuses to pay you what you’re owed or they’re not acting in good faith, formal legal proceedings may be needed to yield a conclusion.

Who Gets Paid From Your Settlement?

After you receive a settlement, the first person who gets paid is your lawyer. Then from the remainder, you have to pay your health insurance provider if they covered some of the treatment costs. If you have a lien against you from a medical provider, they’ll have to be compensated as well. After all parties that helped you achieve the successful outcome have been paid, the remainder is yours.

We understand that hiring a car accident lawyer can be a challenging task nowadays. That’s why we set out to simplify the process. Just call 1-800-HURT-511 when you need to speak with a highly qualified, multilingual, and experienced lawyer. The lawyers we work with have secured over $1 billion for their clients over the years.

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What Is the Car Accident Lawsuit Process in Queens?

Often, individuals mix up the terms “car accident claim” and “car accident lawsuit”. A claim is what you file with your insurance provider when you’re seeking a payout, and a lawsuit is what you file against your insurance provider, or the at-fault party’s insurance provider, when you can’t reach a settlement. There are many things you must consider before filing a lawsuit, and once you do file, there’s a specific process that must be followed. The pre-lawsuit stages and the lawsuit process are the focus of this blog. Read on, for whether you’re currently in a lawsuit or not, this information is invaluable regardless.

What to Do Before Filing a Car Accident Lawsuit

Before you get the car accident claim process in motion, you should seek medical attention so you know exactly how you were injured by the accident. If you don’t do this right away, you may not be able to receive fair compensation later on. A medical professional will document your injuries, and this record of injuries will be crucial when you go to seek damages afterward.

Even if you don’t believe you’re injured, you should still see a medical professional, as often is the case with car accidents that injuries manifest later on. Similarly, you should have your vehicle looked at to see if there’s any under-the-hood damage. Get a quote for how much the repair work is going to be, and then collect other relevant documents that’ll help you prove your case. If you don’t think you can gather all the necessary documents, hire a car accident lawyer to do this for you. Evidence gathering is one of the most useful services a lawyer will provide.

Could You Not Settle Out of Court?

Although most car accident claims get settled out of court (over 90%), some end up in court via a lawsuit. There are several reasons why a car accident claim can end up in court. Perhaps your insurance provider doesn’t believe you have a claim at all, or perhaps they’re insisting on paying less than you deserve. It could also be that they’re not acting in good faith, which means you’ll need a judge to step in so they fall in line and work to reach a resolution. In any case, going to court is likely to be the last-ditch option, but a lawyer who is skilled in trial litigation won’t be afraid to pursue a lawsuit. After all, trials do usually yield much higher total damages figures than settlements.

Car Accident Lawsuit Process Steps

Pre-litigation

Everything that happens before the lawsuit is filed is referred to a pre-litigation. Therefore, initial evidence gathering and settlement negotiations are considered part of this phase. Keep in mind that there are two evidence gathering processes. There’s the initial evidence gathering that’s done before a lawsuit is filed, and then there’s the formal evidence gathering process, known as “discovery”, that takes place after the lawsuit is filed. The main difference between pre-lawsuit evidence gathering and discovery is that discovery is much more formal.

However, a lawyer can still get all required information, including info which comes from depositions and witness testimonies, before discovery. Having as much relevant and favorable evidence as possible will also make reaching a settlement early on more likely. But if settlement negotiations fail to reach a conclusion, the next stage, litigation, will commence.

Litigation

Litigation involves filing a lawsuit with the appropriate courthouse, and after this discovery begins. Discovery is much longer than outside-court evidence gathering, and once it’s complete the trial begins. During discovery, the parties to the accident still have the chance to settle. Trials can take anywhere from a week to a month. Once both sides have pitched their cases, the jury will make their decision, and then this will be ordered by the judge. After this point, the case is concluded, so you won’t be able to sue for injuries or damage related to it again.

Recovering Damages

In a lawsuit, the jury will determine how much is owed to each party. Since there is pure comparative fault in New York, parties to a car accident get compensated in accordance with how much fault they bear for the accident. It’s essential to have a good car accident lawyer at this point, as they will be able to convey your position to the jury in a persuasive manner. It’s common practice for a lawyer to ask for a higher total damages figure, as doing so may lead to you securing a favorable amount that was technically negotiated down.

How Are Car Accident Lawyers Paid?

Most car accident lawyers work off what’s known as contingency. That is, they only get paid if they win. Usually a lawyer will take between 30% and 40% of an award as compensation. This is taken before you receive your compensation. Laws and regulations dictate how much a car accident lawyer can take as an award. The contingency system is beneficial for a couple key reasons. One, it incentivizes the lawyer to get as much money as possible, into it means that you don’t have to pay legal fees for the trial that doesn’t yield a favorable outcome.

Is Hiring a Car Accident Lawyer Worth It?

Hiring a car accident lawyer after a car accident is worth it for a variety of reasons. They’ll take care of the legal nitty-gritty for you and make sure you file everything properly. They’ll also work hard for you so you focus on recovering from your injuries. If your case goes to court, they’ll represent your interests so you have the best chance of receiving a positive outcome. A good car accident lawyer will know the lawsuit process inside and out, and even though you can file one on your own, it’s much better to hire a practicing car accident lawyer.

No longer is it hard to find a efficient and effective car accident lawyer. Just call 1-800-HURT-511. We’ve made the process so simple. We’ll connect you with multilingual, experienced lawyers who have received over $1 billion for their clients. Only pay if you win!

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Is Filing a Car Accident Lawsuit Worth It?

After a car accident, you may ask yourself whether filing a claim is even worth it. Of course, if the accident is significant, you’ll have no choice, as nobody wants to pay for all accident-related expenses out of pocket, especially when they don’t have to.

But are there instances when filing a car accident lawsuit isn’t worth it? After all, filing a lawsuit is typically not the first step after a car accident; you may be able to get things settled with your insurance provider out of court. But how can you tell whether settling or brining a suit is better? These questions and the answers to them are what this blog focuses on.

How to Know You Have a Case

Following a car accident, one of the first questions you’ll have to answer is simple: do you have a case or not. But how are you to do this? Here’s but one reason why bringing in a car accident lawyer would be a good move. They’ll know whether or not you have a case just from hearing the initial facts, and since the first consultation is free, you won’t have to pay just to hear you don’t have a case.

Just because you weren’t showing signs of injury immediately following an accident doesn’t mean you weren’t injured by it. Injuries may manifest later on, and they may require expensive treatment. If this is the case, you should be properly compensated, especially if you didn’t cause the accident. The same thing is true for vehicular damage.

A personal injury lawyer will tell you up front whether or not lawsuit is winnable. And since they get paid based on what you win, they’re not going to waste their time with a case that’s not going to yield a low total damages figure. All of these reasons underscore why after a car accident, the best thing you can do is get in touch with a car accident lawyer, as they’ll tell you how you should proceed.

Should You Settle or Sue?

Deciding between a settlement and a lawsuit is a critical decision. Most cases are settled out of court, but there are instances when going to court is a major benefit. Here are some important things to consider regarding this subject:

Weigh You Options

Weighing your options is critical, and you should do this before settlement negotiations begin so you don’t change your plan mid course. Keep in mind that a settlement is meant to avoid the hassles and the elongated process that comes with going to court, but your insurance provider may offer a low-ball settlement to try and get away with paying less than they should.

It’s not solely a matter of money but a matter of time as well. If you take a quick settlement, you’ll get the process over with quickly, but you won’t get the money you deserve. Conversely, if you wait things out, you could have to endure a long and somewhat tedious litigation process, but in the end get fully compensated for all your injuries, making the accident much less costly. A car accident lawyer will go over your options with you and make sure you understand the pros and cons of each solution before you make a decision on how to proceed.

What Do You Have to Gain?

A lot of individuals harbor the misconception that car accident cases yield a ton of money across the board, but this isn’t the case. Damages are commensurate to the injuries and damage sustained. So if you see a high payout, it’s likely because the injuries and damage from the event was catastrophic.

Considering how much you have to gain from a lawsuit is important. If you’re trying to file one mainly out of spite, and not because you have to pay for injuries, a lawyer will likely turn down your case after the initial consultation. That being said, since there’s no up front fee, many consider hiring a lawyer to be a can’t-lose scenario.

Are You Ready for a Drawn-Out Process?

Going to court almost guarantees a drawn-out process. This is because several formal procedures have to transpire before the trial can get underway. Going to court is usually viewed as a last-ditch option, and usually the insurance company nor the lawyer want to end up in court. But if going to court is what’s necessary to get you the compensation you deserve, a lawyer will do this.

During litigation, a car accident lawyer will argue on your behalf in front of a judge and jury so your position is presented in the best possible way. Keep in mind though that after the court’s decision, the matter is settled, so you won’t be able to seek compensation afterward.

How a Car Accident Lawyer Can Help

Aside from helping you determine whether or not you have a case, there are a lot of other things a lawyer can help you with. For example, if they decide to take you on as their client, they can conduct the evidence gathering process for you so you develop and present the best possible case. They’ll also handle the nitty-gritty so you can focus on recovery. They’ll depose involved parties and help you when you’re deposed. And they’ll play hard-ball with involved insurance providers so you don’t take a lo-ball settlement.

And should the claim go to court, they’ll help you navigate this process from beginning to end. In general, the skills, experience, and knowledge a car accident lawyer possesses may not just yield an award but peace of mind as well. And during a car accident case, peace of mind is invaluable.

We understand that filing a lawsuit can be challenging. That’s why we set out to make the process simpler. Just call 1-800-HURT-511 and we’ll connect you with best-in–class, multilingual lawyers who’ve secured over $1 billion for their clients. They have experience bringing cases like the one you wish to bring.

Call 1-800-HURT-511, as you may be running out of time to file.

Know These NY Car Accident Laws Before You Hit the Road in NY

Although some individuals go a whole lifetime without ever getting in a car accident, car accidents are unfortunately common in the US, and in large states like New York, thousands of car accidents happen each year. This is but one reason why all motorists in New York must be aware of car accident laws. If you’re aware of what laws are applicable after you’ve been involved in a car accident, you’ll have a much better chance of receiving damages. In this blog, we talk about all the important car accident laws in New York, and we also provide other useful information that you should be aware of. Let’s begin!

What’s the Statute of Limitations for Car Accident Claims in NY?

A statute of limitations is a law that establishes how much time an individual has to file a car accident claim following a car accident. In New York, the baseline statute of limitations is three years, though other statues of limitations may supersede this one in your case. If you don’t file a claim within three years, it’s almost certain that you won’t be able to bring one later on.

There are instances where you may have less time to file a claim. For example, if you get in an accident with a government employee while they’re on the clock, you only have 30 days to file a claim with the appropriate agency. Similarly, if a car accident results in a fatality, the deceased victim’s family will have only two years to file a wrongful death suit.

Even though you have three years to file, it’s best to get things handled right away. After all, evidence depreciates, and witnesses’ accounts become less credible as time passes. Talk to a car accident lawyer if you’re not sure whether you’re still within the statute of limitations or not.

Can You Get Compensated Even if You Bear Some Fault for a Car Accident?

In New York, if you bear some responsibility for the car accident, you’ll still be able to receive partial compensation. This is because New York follows what’s known as the “pure comparative fault rule”, and under this both parties to a car accident case bear responsibility for it happening.

It’s up to the involved insurance companies to decide who bears what percentage of fault. And the instance of a claim going to court, a jury would make this decision. For example, say a jury decides to award $100,000 in damages for the accident. If you bear 30% fault for the accident, you’ll only get 70% of that $100,000. Even if you bear 90% fault, you can still yield compensation.

When Must a Car Accident Be Reported?

Failure to report a car accident after it happens in New York can result in a driver’s license suspension. Specifically, if the accident caused more than $1,000 worth of damage, parties to it have just 10 days to file a claim. If injuries or fatalities resulted from the accident, the police must be notified so an accident report can be filed. Leaving the scene of a car accident without taking these steps is a crime, one that almost always get prosecuted.

Is NY a No-Fault State?

New York is what’s known as a no-fault state. In this kind of state, if you’re injured in a car accident, you need to file a claim with your own insurance provider first to get compensation. However, there are instances when you can file a claim against an at-fault driver and their insurance provider. Fault is obviously still a crucial element in car accident cases in New York; the no-fault rule simply means that policyholders take things up with their own insurance providers when seeking damages.

How Often Do Car Accidents Happen in NY?

Hundreds of thousands of car accidents happen in New York every year, and the majority of motor vehicle accidents take place in or around New York City. It’s also been found that over 600 accidents happen every day in NYC. While this number seems high, one must consider that millions of people are driving every day in New York. Moreover, the state has well-designed and well-maintained roads for the most part, so driving in NY is generally on the safer side.

What Damages Are Recoverable Following a Car Accident?

Following a car accident in which you were injured and sustained property damage, it’s likely you’ll be entitled to compensation. You can get compensated for medical bills, lost wages, pain and suffering, and a range of other expenses related to the accident. Hiring a car accident lawyer is a good move because they’ll know the grand total of expenses you racked up and seek just above this figure in compensation.

What Car Accident Injuries Are Common?

A variety of injuries result from car accidents. The injuries one sustains will largely be determined by the severity of the accident. That being said, just because a crash is minot doesn’t mean you can’t sustain major injuries from it. Below are common car accident injuries:

• Cuts & lacerations
• Traumatic brain injuries
• Hand & wrist injuries
• Foot & ankle injuries
• Facial disfigurement
• Dismemberment
• Burns
• Shoulder injuries
• Knee injuries
• Broken ribs
• Broken pelvis
• Whiplash
• Spinal cord injuries
• Internal bleeding
• Crush injuries
• Soft tissue injuries
• PTSD

Is Hiring a Car Accident Lawyer Worth It?

There are a variety of reasons why hiring a car accident lawyer in New York following a car accident is a good move. They’ll conduct the evidence gathering process for you and negotiate with involved parties’ insurance providers on your behalf. They’ll also make sure you follow all applicable laws so you have the best possible chance of receiving a favorable outcome. And you only pay if you win!

We know that hiring a lawyer can be hard these days. That’s why we’ve made the process simple. Just call 1-800-HURT-511. We’ll get you connected with top-tier lawyers who are multilingual, skilled, and experienced. They’ve secured over $1 billion for their clients over more than a decade of practicing.

Call 1-800-HURT-511 now, as time is of the essence!