If you suffered serious injuries that require medical attention after a car accident in New York you may seek to file a personal-injury claim to be compensated for pain and suffering, medical bills, lost wages, and other accident-related expenses. A personal-injury attorney can help you through the claims process, so you can understand your rights and get the best possible result.
Pain and suffering is not an out-of-pocket expense like lost wages or medical bills but, rather, the human experience someone can go through after sustaining personal injuries, including emotional anguish and loss of enjoyment in life.
New York is a no-fault insurance state, which means that your ability to make a claim for pain and suffering after a car accident is sometimes limited. Because lost wages and medical expenses are paid by the no-fault insurance carrier regardless of fault, in most cases you will have to show a “serious injury” to recover for pain and suffering. Every situation is unique. An experienced attorney can explain this “serious injury” threshold and whether it applies.
Generally speaking, car insurance companies hope to pay the lowest-possible amount when resolving personal-injury claims. They are businesses seeking to maximize profit. So, after a motor-vehicle accident, such a company may offer an injured person less compensation than sought in his or her personal-injury claim. Some insurance companies offer to settle fast for a relatively low amount. If you have time lost from work due to not the accident, ongoing medical treatment for injuries from the crash, and extensive repairs needed for your vehicle, the quick settlement may not cover all aspects of pain and suffering. A personal injury attorney can help ensure that you receive maximum compensation after a crash.
Parts of an out-of-court settlement may be reached before the injured person has to file a lawsuit. These sorts of settlements are ideal when the insurance company for the at-fault party realizes that a fair and equitable pre-suit settlement makes more sense because it reduces the risk and lowers the overall cost, especially considering that the insurance company will not have to pay defense costs for its insured. Importantly, an out-of-court settlement must fully compensate the injured person for past and future pain and suffering because once the claim is settled it cannot be reopened later.
If you were injured in a car accident in New York, the car accident attorneys at William Mattar, P.C. can review your case and help you maximize your recovery for pain and suffering. Call us today for a free consultation at (844) 444-4444.