What Makes A Successful Car Accident Case?

Being involved in a car accident in New York can be a very traumatic event. Adding to the psychological impact of an accident is physical injury, property damage and insurance issues. The initial question a new client often asks is “Will my case be successful?” The factors set forth below will determine the value of your case.

Liability (responsibility): The first issue in a personal injury case is responsibility for the happening of the accident. If the accident was completely your fault, there will not be anyone to sue for “negligence.” However, if the accident was caused totally by another driver, or even partly by another driver, you may have a case. Under New York State Law, your percentage of responsibility will reduce your recovery. For instance, if your injuries are worth $100,000.00 and you are 50% responsible, you will only recover $50,000.00.

Injury: If you are injured in the accident, the extent and degree of your injury will play a significant role in the value of your case. The more significant the injury, the more likely a significant outcome. An injury is determined by objective proof (ex. MRI, X-ray, CT scan, etc) coupled with subjective complaints of pain.

Medical treatment: If you have been injured in an car accident in New York, it is imperative that you receive medical treatment for your injuries. Long, unexplained gaps in treatment will significantly reduce your chances of recovery. It is important during the pendency of a case to keep up with your medical treatment.

Impact on life: If you are unable to work, or go to school as the result of an accident in New York, this will increase the value of your case. The more the injury disrupts your life, the more you will be compensated for the inconvenience.

Insurance: The first insurance policy to look at will be the insurance coverage on the responsible vehicle. Hopefully the other car will have more insurance than the mandatory minimum in New York State, $25,000.00. If the other vehicle has no insurance, or limited insurance, you may also be able to make a claim against your own insurance policy.

As you see there are many factors that determine how successful your car accident case will be. If you have been in a car accident in New York, especially if you were injured, it is important to contact an experienced New York Car Accident Attorney. Our New York Car Accident Attorneys at Foley Griffin will guide you through the process to help you to maximum recovery. Contact us today at 800-991-2773.