After an accident, most people wonder “what is my NYC personal injury claim worth?” Many factors influence the value of a case, including the severity of your injuries, the amount of medical treatment you need, how long you are out of work, and whether you suffered a disability that has left you unable to work. We take everything into account when we calculate the value of your case.
Your lawyer will begin to calculate the value of your claim by adding up your accident and injury-related expenses, including medical bills, transportation to medical care, at-home care, medical supplies and equipment, prescriptions, and lost income. We also will calculate your likely future medical expenses and wage loss.
In many personal injury cases, you also can demand compensation for your physical and emotional injuries. We have years of experience placing value of non-economic injuries, like disfigurement or physical limitation, pain and suffering, and mental anguish.
Separate from economic and non-economic, which are known as compensatory damages, are punitive damages. These are meant to punish the wrongdoer, not compensate you for a physical, emotional, or financial injury. Punitive damages are not given in most negligence-based cases. You must prove gross negligence, wanton recklessness, malice, or other egregious behavior to win punitive damages.
When you file a personal injury claim, expect the defendant to fight back. The defendant doesn’t want to be held responsible for your damages. Their insurance company doesn’t want to pay out on the claim. You need to work with us to provide a strong argument and overcome their defenses.
The defendant might claim that you or another party was also negligent. They might argue that someone else was mostly negligent. This argument can be very effective in reducing the defendant’s liability based on New York State’s pure comparative negligence law. Under this rule, each party involved is assigned a percentage of fault.
The defendant might argue that another person’s conduct was more significant than their own and is the real cause of your injuries. When you prove cause in a negligence claim, you are saying that there is a straight line from Event A to Event B.
Most personal injury claims settle before trial. But many insurance issues can get in the way between you and a fair settlement. Working with us can help you overcome these issues and resolve your claim in your favor.
According to New York State law, you have three years from the date of the accident to file a personal injury lawsuit. The amount of time differs for other types of lawsuits, such as medical malpractice or employment law.
Statutes of limitations seem straightforward. But calculating your deadline to file can be complicated. You should talk with an experienced personal injury attorney about how long you have to file. Certain issues can delay the start of the clock. Other issues can pause the clock, giving you more time to file. Another issue depends on the liable party. If your claim is against a local or state government agency, then you have a lot less time to file your claim. In addition, when filing a lawsuit against a municipality, plaintiffs must fulfill other requirements.