If you sustain injuries as a result of someone else’s reckless, careless or unlawful actions, you should be able to pursue the liable party for compensation for your losses. Generally, this means the ability to recover economic as well as non-economic damages such as lost income, medical bills, property damage, pain and suffering and reduced quality of life among others.
However, a variety of factors come into play when determining the amount of compensation you can be awarded for a personal injury claim in New York. Here are some of these factors:
Fault and liability for the accident that resulted in your injury
If the other party was solely responsible for the accident that resulted in your injury, then you may be entitled to recover 100 percent of the costs of the resulting damages. For instance, if the other driver, being drunk, rammed into you at the traffic stop, then they may be solely responsible for the accident.
However, if you contributed to the accident in some way, then the damages you are entitled to will likely be reduced. This is because New York applies what is known as the comparative negligence statute when determining fault. Basically, this means that your compensation amount will be reduced based on your contribution to the accident that caused your injuries. For instance, if it is established that you were responsible for the accident and your sustained damages amounted to $10,000, then you will only recover 70 percent of the damages (or $7,000).
The nature and severity of your injuries
A car crash accident can leave you with a variety of injuries. While you may fully recover from certain injuries with proper treatment, others like injury to the spine or brain may be life-altering.
Generally, more severe injuries that require long-term care will attract larger settlement amounts than less serious injuries.
If you are involved in a car accident that is not your fault, you deserve justice. Knowing your legal rights is key to pursuing the damages you are entitled to following an injury that is attributable to someone else’s negligence.