If you were hurt at the hands of someone else, you’re probably wondering whether taking legal action is even worth your time. While there’s no way to guarantee that any given claim will yield compensation, a knowledgeable attorney can help you approximate a fair settlement amount based on the facts of your case.
Let’s take a look at some of the factors that could impact the potential recovery in a personal injury claim:
If you contributed to the accident in which you were hurt, you may have to settle for a reduced payout. New York has a pure comparative fault rule, which means the total compensation to which a plaintiff is entitled is reduced by his or her own liability.
If you were struck by a distracted driver and seriously injured, for example, but you were speeding at the time, the pure comparative fault rule could apply, depending on the circumstances. If you were deemed 25 percent liable, you would be entitled to compensation for no more than 75 percent of your damages. If you end up incurring $50,000 in losses, that means you could only recover up to $37,500.
Naturally, the total damages you incur will have a major influence on the potential value of your case. For injured parties in New York, recoverable damages might include:
- Medical bills;
- Lost wages;
- Loss of future earnings;
- Replacement services;
- Home and vehicle modifications; and
- Property repairs.
Personal injury claimants may also be entitled to compensation for non-economic damages like pain and suffering, mental anguish, physical impairment, disfigurement, and loss of enjoyment in life. Generally speaking, more severe injuries warrant higher compensation for these kinds of damages because such injuries have a greater impact on overall quality of life.
3. Available Coverage
It’s an unfortunate truth that personal injury payouts are often limited by the liable party’s insurance coverage. If you slipped and fell at the grocery store, for example, the insurance policy of the property owner or occupier would likely limit the amount of compensation available to you.
The insurance policy limits might not matter if the damages are relatively minor, but they can cause significant issues for claimants who incur major losses. If you have suffered significant damages, a seasoned attorney can conduct an investigation to look for other potentially liable parties from whom you can seek damages.
Discuss Your Case with a Personal Injury Lawyer in Long Island
If you sustained serious injuries because another party failed to act with reasonable care, contact WeitzPascale. We are committed to protecting the physical, emotional, and economic wellbeing of our clients.
There’s no charge for the consultation, and we accept personal injury and wrongful death cases on a contingency fee basis. In other words, no attorneys’ fees will be charged unless we win your case through a settlement or trial verdict. Call 516-280-4716 or use our Online Contact Form to set up a free consultation with a personal injury attorney in Long Island.