If you've been in a car accident, you may be wondering how much your claim could be worth. The truth is that the value of a car accident claim depends on several factors, including the severity of your injuries, the financial impact of the accident, and the circumstances that caused the crash.
While every case is different, one thing is certain: you deserve fair compensation for your injuries and losses. The best way to understand your claim's potential value is to speak with a car accident lawyer. They can evaluate your case and fight to ensure you receive the full amount you’re owed.
You Deserve Compensation
At The Perecman Firm, we understand how overwhelming it can feel to decide whether pursuing a claim is worth it. Many people worry if seeking compensation is "greedy" or are concerned about dealing with insurance companies.
Let us assure you—it’s not greedy. You were injured by no fault of your own. Filing a claim is about securing what you need to recover, rebuild, and move forward after someone else’s negligence upended your life. Let’s explore what goes into valuing a car accident claim and why having a lawyer by your side can make all the difference.
Why You Should Pursue a Car Accident Claim
Car accidents can leave you with more than just physical injuries. There are medical bills to pay, lost wages from time off work, and emotional scars that linger long after the crash. If someone else’s carelessness caused the accident, you have the right to hold them accountable. A car accident claim isn’t about seeking more than you deserve; it’s about making sure you have the resources to recover fully and protect your future.
New York’s no-fault insurance laws may cover your basic medical expenses and lost wages up to a point, but they don’t account for pain and suffering, long-term disabilities, or other significant losses. Filing a personal injury claim allows you to seek compensation beyond what no-fault insurance provides, ensuring you are not left footing the bill for someone else’s mistake.
Factors That Influence the Value of a Car Accident Claim
The amount you may recover through a car accident claim depends on several factors, including:
- Severity of Your Injuries: More serious injuries typically result in higher compensation, leading to greater medical expenses, lost income, and long-term impacts on your life.
- Medical Treatment and Recovery: The cost of past and ongoing medical care, including surgeries, rehabilitation, and medications, is a key component in determining your claim’s value.
- Lost Wages and Future Earnings: If your injuries prevent you from working temporarily or permanently, your claim should account for the income you’ve lost and the earnings you’ll miss out on in the future.
- Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, play a significant role in many claims.
- Liability: New York’s comparative negligence rules mean that if you are partially at fault for the accident, your compensation may be reduced by the percentage of your responsibility.
A personal injury lawyer will thoroughly evaluate these factors and gather the evidence needed to maximize your claim.
The Role of New York’s No-Fault Insurance in Car Accident Claims
New York operates under a no-fault insurance system designed to ensure that accident victims can quickly recover compensation for certain expenses, regardless of who caused the crash. While this system offers some advantages, it also comes with limitations that can leave victims without adequate financial recovery for their full losses.
A lawyer who understands how no-fault insurance works and when to pursue additional compensation is essential for accident victims.
What No-Fault Insurance Covers
No-fault insurance, also called Personal Injury Protection (PIP), covers a range of expenses up to the policy’s limits. These typically include:
- Medical Expenses: Costs for hospital visits, surgeries, physical therapy, and medications related to the accident.
- Lost Wages: A percentage of your lost income if your injuries prevent you from working, subject to a cap.
- Other Reasonable Costs: Expenses such as transportation to medical appointments or hiring help for household tasks you can no longer manage.
This coverage is available to the driver, passengers, and even pedestrians injured in a car accident involving a covered vehicle.
Limitations of No-Fault Insurance
While no-fault insurance is helpful for immediate financial relief, it has significant limitations:
- No Compensation for Pain and Suffering: PIP does not cover non-economic damages like emotional distress or reduced quality of life.
- Coverage Caps: Policies typically have a limit that may not be enough to cover severe injuries or long-term care.
- Exclusions for Serious Injuries: If injuries meet a certain threshold—such as disfigurement, permanent disability, or significant loss of use—you may step outside the no-fault system and file a personal injury claim.
How No-Fault Insurance Impacts Personal Injury Claims
No-fault insurance might be sufficient for minor injuries to cover your immediate expenses. However, in cases involving serious injuries or wrongful death, the no-fault system often falls short. Filing a personal injury claim allows you to recover additional damages, including pain and suffering, loss of future earning potential, and long-term care costs.
An experienced personal injury attorney can help determine if your case qualifies for a claim outside the no-fault system and guide you through the process to ensure you recover everything you deserve.
Types of Car Accident Claims
The Perecman Firm handles a wide range of car accident claims, including:
- Rear-End Collisions: Often caused by distracted or reckless drivers, these crashes can result in whiplash and other serious injuries.
- T-Bone Accidents: These dangerous collisions frequently occur at intersections and can lead to catastrophic injuries.
- Head-On Collisions: These crashes often result in severe injuries or fatalities due to their high impact.
- Pedestrian and Bicycle Accidents: Drivers who fail to yield or pay attention can cause devastating harm to vulnerable road users.
- Truck Accidents: Large commercial vehicle claims can be complex and require an experienced attorney to navigate trucking regulations and corporate insurers.
Damages Available in a Car Accident Claim
Compensation for a car accident typically falls into two categories:
Economic Damages
These cover the financial costs of your accident, including:
- Medical bills (past and future)
- Rehabilitation and physical therapy
- Lost wages
- Loss of future earning capacity
- Property damage (e.g., vehicle repairs or replacement)
Non-Economic Damages
These compensate you for intangible losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (in wrongful death cases)
Wrongful Death Damages
If you lost a loved one in a car accident, you could pursue a wrongful death claim to recover:
- Funeral and burial expenses
- Lost income and benefits the deceased would have provided
- Loss of companionship and support
How a Lawyer Can Help You Secure a Better Settlement
Insurance companies are not on your side. Their goal is to pay as little as possible, even if that means offering a lowball settlement that doesn’t begin to cover your losses. A lawyer knows how to counter these tactics and fight for the compensation you deserve.
At The Perecman Firm, we handle the hard work of building your case, including:
- Investigating the accident to determine fault.
- Gathering evidence, such as medical records and witness statements.
- Calculating the full extent of your damages, including future costs.
- Negotiating with the insurance company to reach a fair settlement.
If the insurer refuses to pay what you deserve, we are fully prepared to take your case to court.
Progressive Injuries and Future Damages
Some injuries may seem minor at first but worsen over time, leading to additional medical costs and complications. Accepting a quick settlement before the full extent of your injuries is clear could leave you paying out of pocket for future expenses.
A personal injury lawyer will ensure your claim accounts for:
- Long-term medical treatment
- Future lost income
- Progressive conditions, such as chronic pain or reduced mobility
By considering these factors, your lawyer protects you from settling for less than you need to rebuild your life.
Common Challenges in Car Accident Claims
Filing a car accident claim can be a complex and frustrating process. Insurance companies often prioritize their bottom line over fairly compensating victims, and proving the full extent of your losses can be difficult without professional assistance. Here are some of accident victims' most common challenges and how a lawyer can help overcome them.
Disputes Over Liability
One of the most common issues in car accident claims is determining who is at fault. Even in seemingly straightforward cases, the at-fault driver or their insurance company may dispute liability to avoid paying. In New York, comparative negligence laws can further complicate matters, as any percentage of fault attributed to you reduces your compensation.
A lawyer can gather and present evidence, such as accident reports, witness statements, and expert testimony, to build a strong case proving the other party’s negligence. They can also protect you from being unfairly blamed for the accident.
Lowball Settlement Offers
Insurance companies frequently offer settlements that are far below what victims need to cover their losses. These lowball offers often come early in the process, hoping victims will accept before realizing the full extent of their injuries or damages.
An attorney understands the tactics insurers use and can accurately calculate the value of your claim, considering all your current and future losses. They can negotiate aggressively on your behalf, ensuring you don’t settle for less than you deserve.
Difficulties Proving Damages
Proving economic damages, like medical bills or lost wages, is relatively straightforward. However, non-economic damages, such as pain and suffering or emotional distress, are more subjective and harder to quantify. Without strong evidence, insurers may argue these damages are exaggerated or unsupported.
A lawyer knows how to present compelling evidence for non-economic damages, such as testimony from medical professionals, documentation of your daily struggles, and expert opinions on how your injuries will impact your future. This ensures these critical losses are factored into your settlement or award.
Dealing With Insurance Adjusters
Insurance adjusters are skilled at protecting their company’s interests. They may use your statements against you, delay the claims process, or pressure you into accepting an unfair settlement. When you hire a lawyer, they handle all communication with the insurance company, protecting your rights and allowing you to focus on your recovery.
Long-Term and Hidden Costs
Accidents can result in progressive injuries or complications that aren’t immediately apparent. Settling too quickly may leave you without compensation for future medical expenses, loss of earning capacity, or additional care needs.
An experienced lawyer ensures that all potential future damages are accounted for in your claim. They work with medical and financial experts to project your long-term needs, preventing you from settling for less than you’ll need to move forward.
Navigating these challenges on your own can feel overwhelming, but you don’t have to face them alone. With a lawyer from The Perecman Firm by your side, you’ll have an advocate fighting for your rights and working tirelessly to secure the compensation you need.
Whether you’re dealing with no-fault insurance limitations, disputes over liability, or pushback from an insurance company, our team is here to help you every step of the way.
Speak With a Personal Injury Lawyer Today
If you’ve been injured in a car accident, don’t leave your future to chance. The Perecman Firm is here to help you navigate the legal process, secure the compensation you deserve, and hold the negligent party accountable. As experienced personal injury lawyers with offices in New York City, Queens, and Long Island, we proudly serve car accident victims throughout New York.
You don’t have to face this alone. Contact us today for a free consultation, and let us help you take the first step toward justice and recovery. Call our New York City office at 212-977-7033, our Queens, NY, office at 718-587-0108, or our Jericho office on Long Island at 516-268-0130. You can also contact us online.