Recovering financial compensation for a car accident is not easy. Before you devote yourself to the process, you want to know that it will be worth the time and effort involved. So, you have decided to research the average car accident settlement in New York. But, while this might seem like relevant information, the reality is that (i) you won’t find an accurate average figure online, and (ii) average settlement figures are irrelevant to your claim for just compensation.
The seasoned car accident lawyers at O’Connor & Partners, PLLC have 150 years of combined experience helping clients throughout Kingston and other Hudson Valley areas for years. We know the hardships you may be facing after a serious injury and we are committed to helping you recover the maximum compensation to which you may be entitled under the law.
Why Average Car Accident Settlement Amounts Don’t Matter
Why don’t average car accident settlement amounts matter? Simply put, there are too many factors that come into play. There are unique aspects to every single case, and the details of your case will determine how much you are entitled to recover.
Consider these examples of our results in car accident cases:
- $7 million recovered for a family whose infant child sustained a traumatic brain injury (TBI) in a car accident
- $6 million recovered for a woman who sustained severe injuries in a car accident
- $2.25 million recovered for a 31-year-old professional who was severely injured in a rear-end collision
- $1.1 million recovered for a 39-year-old business owner injured in a car accident
- $1 million recovered for a family deeply affected by a serious car accident
- $700,000 recovered for a 37-year-old part-time business owner injured in a car accident
- $525,000 recovered for a 55-year-old local resident injured in a car accident
- $345,000 recovered for a woman who sustained serious injuries in a car accident
- $150,000 recovered for an 85-year-old who suffered injuries in a rear-end collision
As you can see, car accident settlements vary widely. Depending on your individual circumstances, you could be entitled to an amount well above (or significantly below) any average settlement amount you find online. So, instead of focusing on average car accident settlement amounts, what you need to focus on instead is how much you can recover based on the unique circumstances of your case.
5 Factors that Will Determine the Amount of a Car Accident Settlement
Here are five key factors that will determine the amount you may be entitled to recover through a car accident settlement in New York:
1. The Severity of Your Injuries
Since New York has a “no-fault” insurance law, one of the first key factors is whether you are limited to seeking coverage under your personal injury protection (PIP) policy. This is determined based on the severity of your injuries. If you are limited to filing a PIP claim, this will place an upper limit on any potential settlement. However, if you have a claim outside of PIP (because you suffered a “serious injury”), you may be entitled to significantly more.
2. Who was At Fault in the Accident
When seeking financial compensation outside of PIP, you need evidence of fault. Specifically, you need evidence that someone else was at fault in your car accident. This could be another driver, but it could also be a vehicle manufacturer, highway authority, or other third party.
If you were 100% at fault in your car accident, you will still be limited to PIP even if you suffered a “serious injury.” However, if you were only partially at fault, you can seek a settlement outside of PIP for at least a portion of your accident-related losses.
3. What Insurance Coverage is Available
Insurance coverage is a practical issue in some car accident cases. If an at-fault driver (or other at-fault party) does not have enough insurance to cover your losses, this could limit the amount you are ultimately able to collect for your injuries. But, New York law requires all drivers to carry auto insurance, and many drivers (and businesses) purchase enhanced coverage just in case they are held responsible for a serious accident.
4. Whether You Hire a Car Accident Lawyer
Hiring a car accident lawyer will likely have a drastic impact on the amount you are able to recover. Filing a successful car accident claim presents many challenges, and you will be at a significant disadvantage during settlement negotiations if you do not have the knowledge, skill, and resources of an experienced car accident lawyer on your side.
5. Whether Your Law Firm is Prepared to Go to Trial
When choosing a law firm to represent you, it is important to choose a firm with a record of success at trial. Why? Because the insurance companies are more likely to make reasonable settlement offers when they know that the alternative is to go to court. If you have a law firm with an extensive trial record on your side, this can significantly increase your chances of obtaining a favorable settlement in many cases.
Call a Car Accident Lawyer in Kingston
O’Connor & Partners, PLLC is a New York law firm with a proven record of success in settlement negotiations and at trial. If you have been injured in an auto wreck in Kingston, Poughkeepsie, or Newburgh, our experienced car accident lawyers can help you fight for the financial compensation you deserve. To get started with a free claim assessment, call 845-303-8777 or tell us how we can reach you online now.