Did you know there are over 6.1 million car accidents in the U.S. each year? Perhaps most alarming among these car accident statistics is that 4 million people need medical attention as a result of injuries sustained in the crash.
It seems unfair to have to pay out of pocket for medical expenses and lose out on work because another person on the road chose to drive recklessly or negligently. The good news is that someone hurt in a car accident caused by someone else can pursue financial compensation for things like medical bills, lost wages, pain and suffering, and other pertinent expenses.
By working with an experienced auto accident lawyer in Queens, NY, you have the potential to maximize your compensation. Keep reading to learn more about how a personal injury attorney can help.
The Role of a Queens Car Accident Lawyer
After being involved in a car accident, you likely have some injuries that you need to tend to. You may even be out of work temporarily (or permanently), and this can lead to massive amounts of stress and worry about your future.
Many car accident victims often mistakenly believe that letting insurance companies handle settlement talks and negotiations is ultimately the best course of action, and while it’s absolutely true you should be concerned about these details, you need someone who’s on your side who will fight for your legal rights during recovery.
Insurance claims can get extremely complex, and it’s rare for an insurance company to offer fair settlements immediately. The role of an attorney is to serve as an advocate who will argue for maximum compensation. This can include:
- Assessing the genuine viability of your case
- Investigating the claim
- Gathering evidence, including accident scene analysis, witness interviews, and expert consultations
- Filing appropriate paperwork in a timely fashion
- Communicating and negotiating with the insurance companies
- Supporting the victim(s) and families during the process
- Calculating damages
- Litigating in court (if necessary)
Types of Compensation Available in a Car Accident Case
Every car accident case is different, and the compensation available will vary based on the circumstances and the extent of one’s injuries.
Generally speaking, compensation is divided into three categories:
Economic Damages
Economic damages include categories of compensation that can be measured from an objective standard. They are often proven with receipts and other evidence that helps to paint a picture of how much money one has lost or stands to lose as a result of the accident.
Economic damages include:
- Lost wages
- Future lost earnings
- Medical bills
- Ongoing medical expenses
- Miscellaneous expenses
- Property damage
Non-Economic Damages
Unlike economic damages, non-economic damages are more subjective in nature. They are difficult to quantify and, instead, are determined by the impact the incident had on one’s life.
Examples of non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Punitive Damages
A third and final category of compensation is classified as punitive damages, meant to punish a party for particularly egregious conduct and deter such conduct from happening again in the future. Though punitive damages are rarely awarded in New York, they may be appropriate in certain specific cases.
Helpful Tips To Maximize Compensation
While there is never a true guarantee that you will win your case or receive a massive payout, there are some key ways you can increase your chances of a favorable outcome.
As an auto accident lawyer, Queens-based Elliot Ifraimoff & Associates, PC, recommends the following practices:
- Seek immediate medical attention. Even if you think your injuries are minor, it’s important to seek prompt medical attention. First, some injuries might not be immediately apparent. Second, not going to the doctor can be an indication that your injuries aren’t serious, which makes proving injuries more challenging.
- Follow all medical advice. Following doctor’s orders is crucial to preserving the merits of your case. Further, failing to adhere to medical advice can exacerbate your injuries and compromise your claim.
- Gather as much evidence as possible. Proving liability is key in a car accident case, so the more evidence you have, the better. This includes photos and videos of the scene, witness statements, injuries, and vehicle damage.
- File a police report. Police reports are a crucial piece of evidence in any car accident claim.
- Keep detailed records. As you recover from your injuries, it’s helpful to keep records of your journey. This includes medical records, time taken off of work, and your mental and emotional state on a daily basis. Keeping a journal can help!
- Hire an experienced auto accident lawyer. An experienced attorney can help you navigate the legal landscape, develop a strategy, and negotiate.
Mistakes That Can Compromise Your Car Accident Claim
Just as there are things that can help your case, there are also pitfalls that can hurt your chances of receiving maximum compensation. Avoid making these common mistakes:
- Do not admit fault. Even if you think you are partially to blame, never admit that you could have been at fault for what happened. Even a simple apology can be misconstrued as admitting fault, and this is evidence that can be used against you.
- Don’t accept an offer too quickly. Insurance companies are notorious for offering lowball settlements. Be wary of a quick offer, and be prepared to negotiate. This is where the experience of an attorney can be incredibly valuable.
- Avoid posting on social media. Social media accounts can be a treasure trove of evidence for the other side. While your case is pending, avoid posting anything on social media and request that friends and family avoid tagging you in any posts, too.
FAQs
1. How can I maximize compensation for pain and suffering?
Maximizing pain and suffering comes down to having as much evidence as possible to demonstrate the catastrophic effect the accident has had on your life. Keeping detailed medical records, having compelling witness statements, and seeking psychological counseling can all support a narrative that’s consistent with the compensation you’re seeking.
2. How much can I expect from a car accident settlement?
Car accident settlements vary widely, from a few thousand dollars into the millions. The best way to determine how much your case is worth is to speak with an attorney. Our case results vary, though our firm is known for a record-setting jury verdict of $117 million for a car accident involving a pedestrian.
3. How does New York’s no-fault insurance system affect my claim?
Because New York has a no-fault insurance system, car accident claims work slightly differently than in fault-based insurance states. The most notable difference is that your insurance company may also cover medical expenses, lost earnings, and other expenses. This can allow you to collect funds immediately, regardless of whose negligence caused the accident.
4. Why should I hire a car accident lawyer?
Hiring a car accident lawyer can be advantageous in a lot of ways. Not only do you have someone on your side who understands the law, but you’ll also have an advocate who can negotiate with insurance companies. Attorneys have experience in valuing cases, proving liability, and moving a claim forward. Plus, the contingency fee arrangement means you typically don’t have to pay unless you prevail.
Contact an Experienced Queens Auto Accident Lawyer
At Elliot Ifraimoff & Associates, PC, our Queens law firm has been working with personal injury victims and their families to seek maximum compensation for accident claims. Our compassionate, yet aggressive, legal team has over 60 years of combined experience across a variety of practice areas, including auto accident claims.
Contact us at (888) ASK-ELLIOT or (718) 205-1010 to request a free consultation.