NYC Car Accident Settlements
How We Fight for the Largest Settlement for Your Injuries
With more than 800 car accidents happening statewide every day, it's safe to assume that right now there are thousands of recently injured New Yorkers wondering what you can do to get the largest settlement for your car accident.
Make no mistake: Medical treatment for car accident injuries is expensive. That means getting full compensation for your injuries is necessary. If a crash victim accepts a too-small settlement, their compensation may run out long before they are healed.
Seriously injured crash victims are under a lot of pressure to outsmart veteran insurance adjusters and get the maximum settlement they deserve. It’s not fair, but an experienced New York car accident lawyer can level the playing field and aggressively negotiate for top results. Giampa Law is an established New York City law firm with an office by Yankee Stadium in the Bronx. If you were in an accident, contact us for a free case consultation to learn more about how the law applies to you and get a settlement estimate.
The following is general information about New York car accident settlements – how to get the most for your injuries, what a settlement should cover, and what the claim process is like.
What is a settlement?
In the context of a car accident, a settlement is a financial award usually paid by an insurance company. The money is intended to make the accident victim financially “whole” again by covering damages like past, current, and future crash-related medical expenses, lost wages, pain, and short- and long-term disabilities, among other things. Lawyers negotiate with insurance companies to get results for their clients.
In exchange for accepting a settlement, the injured victim agrees to not file new or continue current action related to accident compensation. Once a settlement is accepted, the case is closed. There is no going back to the insurance company for more no matter how injuries may worsen.
Most car accident claims end with a settlement, but not all. When an insurance company won’t make a substantial settlement offer, a car accident lawyer can take them to trial. In this situation, compensation will be likely be awarded through a verdict instead of a settlement – although it’s still possible to settle a case at any stage in the process, even during trial.
How do you get a car accident settlement in New York?
People injured in New York car accidents can file a “first-party” injury claims with their own insurance providers, no matter who is at fault in a crash. That is because New York is a “no-fault” state. A no-fault insurance system is intended to make recovering car accident damages faster. In “fault” or “tort” states, a crash victim must identify the at-fault party before they can file a claim. However, people with serious injuries or over $50,000 in economic losses can step outside the no-fault system and file an injury claim or lawsuit.
A car accident lawyer can take on the insurance company and build a strong case for maximum compensation so injured crash victims can focus on healing.
What happens when you file a car accident claim?
After a claim is filed, it is evaluated by an insurance adjuster. They investigate the crash and either deny the claim or make an offer. The first offer is almost always a lowball settlement. Car accident attorneys must use strong evidence and aggressive tactics to successfully negotiate for more compensation. If a deal is reached, a settlement check is cut and sent to the injured victim. If there is no agreement, the attorney can file a civil lawsuit for compensation.
Don't forget: Never accept a settlement without consulting a lawyer. Without charging a fee, New York car accident attorneys will listen to the details of an individual’s case, explain their options, and estimate a claim’s value. Only a lawyer who has the injured crash victim’s best interests at heart can say whether a settlement is fair.
How to ask for more money from insurance company
Get a lawyer. Experienced New York car accident lawyers help get accident victims more for their injuries. Studies show that, on average, people who consult lawyers recover more in damages than those who do not. This is true even after the lawyer’s fee is paid.
Experienced NYC accident lawyers know how to calculate the highest value for your injuries and losses. They can seek damages for:
- Past, present and future medical treatment, including ambulance fees, hospital bills, mental health treatment, physical therapy, and surgery
- Lost wages and lost earning potential
- Medical devices
- Modifications to your home or vehicle
- Pain and suffering, emotional distress and mental anguish
Insurance adjusters have one job to do: Protect the company’s bottom line by keeping settlements low and rejecting claims. The right lawyer won’t let the insurance company get away with undervaluing your pain and lifetime comfort.
How to negotiate with the insurance company
Car accident lawyers use many types of evidence to support their settlement demands. Some of the evidence a car accident lawyer may collect includes:
- New York Collision Report
- Accident injury medical records
- Phone records
- Video from a nearby business, residence, traffic light, dashcam, passerby, etc.
- Expert testimony
- Witness statements
- Testimony from a victim’s friends and family
- Physical accident evidence like skid marks and broken glass
Collecting evidence often takes time and a lot of legwork. A lawyer can investigate to find the most compelling support for a bigger settlement.
How long does it take to get a settlement after a claim?
That depends on the circumstances. Some cases settle within months, while others can take significantly longer. It all comes down to the severity of your injuries, the effects on your life, and how difficult the insurance company decides to be. That’s why it’s important to have an attorney who will be there for you throughout the process, no matter how long it takes.
When it comes to settlements, experience matters
Giampa Law car accident attorneys understand the specifics of what it takes to win in the diverse boroughs we serve – the Bronx, Brooklyn, Manhattan, Queens, and Staten Island – as well as the surrounding communities. We know how to calculate a compensation package that places the highest value on your health and ability to enjoy life because we’ve done it so many times before. We know how to find the evidence your claim needs. Our law firm builds strong cases for compensation that the insurance companies cannot ignore.
We fight to put you in the best position to recover a substantial settlement or verdict. When our New York car accident attorneys take on the insurance company, you can feel confident that your case is moving forward. This gives you the space to get your life back on track and heal.
Make sure you are not settling for less than your case is worth. If you were injured or a loved one died in a New York car accident, contact Giampa Law for a free case consultation and claim value estimate today.
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