Settlement Negotiations in Personal Injury Lawsuits

If you’ve been injured in an accident, your whole life may have been turned upside down. You’re facing medical bills, you’re losing wages because you’re missing work, and you the whole situation is a tremendous inconvenience at best. You need compensation for all of these things, plus your pain and suffering. But even though you’re entitled to all of this and possibly more, there’s no guarantee that you’re going to get it. Certainly, the defendant would like to limit their damages. A personal injury lawyer negotiates with the responsible party’s attorney to help their clients make a full recovery.

How a Personal Injury Lawyer Calculates Your Settlement Amount

If you’ve been injured in an accident, you’re probably aware of many of the expenses that you’ll incur, but maybe not all of them. Among the economic damages that you can collect are:

• Medical Expenses – These include any hospital expenses, ambulance, follow-up appointments, consultations with specialists, physical therapy appointments, the cost of prescription drugs, tests, bloodwork, MRIs, x-rays, etc.
• Lost Wages – Any time that you miss from work or leave time that you have to spend as a result of your accident is reimbursable. Your attorney should add this into the calculations.
• Property Damage – This isn’t always a significant portion of an accident injury case, but if your property is damaged, you should receive compensation.
• Occupational Therapy – In some situations, you may not be able to return to your job or even function on a day-to-day basis. Any retraining you require should be compensated.
• Special Equipment – Things like prosthetic limbs or mobility devices should be part of your insurance settlement or jury award.

In addition to your economic damages, you may be entitled to non-economic damages. Pain and suffering is a catchall phrase that encompasses physical pain, inconvenience, emotional trauma, and diminished capacity.

No Damage Caps in New York

The state of New York does not have damage caps on personal injury cases. What that means is that injury attorneys are more likely to accept cases with catastrophic injuries, where the settlement amounts and jury awards can be much higher.

Frequently Asked Personal Injury Questions

As personal injury lawyers in Long Island, we’ve met with thousands of clients and know what their questions tend to be. Here are some of the most common questions we’re asked. For more information, visit hlgny.com.

What is the statute of limitations on a personal injury case?

In the state of New York, for most types of personal injury cases, the statute of limitations is three years from the date of the accident. Do not take this as a cue to delay filing a claim or speaking with an attorney, however. Evidence can be damaged or lost with delays.

How do personal injury lawyers get paid?

If you’re concerned about how you will pay for a lawyer, you’ll be happy to learn that personal injury attorneys work on a contingency fee, which means that there are no out-of-pocket costs. They receive payment when your case is settled or litigated.

How can I increase my chances of a full settlement?

You should get medical attention immediately. Preserve any evidence from the scene of the accident. If you take pictures, back them up for future presentations. Contact an attorney as early as possible. The sooner you involve a lawyer, the sooner they can start on your case.