How are car accident injury settlements determined in New York State?


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Question:

How are car accident injury settlements determined in New York State?

Answer:

If you get into a car accident in the state of New York, you need to understand how settlement amounts in NY state are determined.

  • The first thing you need to know is that New York is a no fault state

This means that unless your injuries are "serious" you may not sue. Instead, you will make a claim with your own insurer through personal injury protection. You can make such a claim regardless of who is at fault, so you can collect your damages even if you caused the accident yourself. However, PIP protection payments are limited to medical bills and lost wages- there is no recovery for pain and suffering

  • Next, you need to know how serious your injuries are

Serious injuries in New York include those injuries that are disabling and/or permanent or that seriously impede your ability to live your life. If your injuries are considered serious, you can sue. In such cases, a settlement amount, if you decide to accept an out of court settlement offer, should include compensation for medical bills, lost wages, pain and suffering and emotional distress

To get help making a claim either through no fault or with a responsible driver's insurer for serious injuries, you should strongly consider speaking with a lawyer for help. 

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