What To Expect From The Settlement Process After A Car Accident In New York

In this article, you will discover:

• How to settle a car accident claim in New York.
• Key factors that influence the amount of a car accident settlement.
• Whether you can appeal a settlement amount.

Let’s assume the accident has already happened, you’ve started medical treatment, contacted an attorney about your claim, and the settlement process is underway. Here’s how the process typically unfolds:

• Notifying The Insurance Company That You’re Represented
  Your attorney’s first step is to inform the insurance company that you’re now represented. This takes a significant burden off your shoulders—no more calls from adjusters asking for updates on your injuries or offering low-ball settlements like “$6,000 if you sign today.” From this point forward, all communication flows through your lawyer.
• The Investigative Phase
  Your attorney will begin gathering all the information needed to build a strong case. This includes collecting your medical records, obtaining police reports, and interviewing witnesses. They’ll also consult with experts to assess both your current damages and any potential long-term impacts of your injuries.
• Drafting & Sending A Demand Letter
  Once all the evidence is compiled, your attorney will prepare a demand letter. This letter outlines the details of the accident, your injuries, the compensation you’re entitled to, and why. The demand letter typically includes a high opening figure to initiate negotiations.
• Negotiations & Alternative Dispute Resolution
  After the demand letter is sent, the insurance company will respond, and negotiations begin. In many cases, this involves alternative dispute resolution, like mediation. Here, your attorney will sit down with the insurance company and a neutral third party to work toward a fair settlement.
• Reaching A Settlement Or Proceeding To Court
  Most claims are resolved through negotiation, resulting in a settlement that fairly compensates you for your injuries. However, if negotiations reach a deadlock, your attorney may file a complaint and take your case to court.

Throughout this process, a skilled personal injury attorney ensures that your rights are protected and you receive the compensation you deserve.

Attorney David Pigott is a seasoned lawyer based in Buffalo, NY, who has helped countless clients just like you navigate the intricacies of personal injury law. With years of experience practicing in Colorado and New York, he is prepared to assist you in getting the settlement you deserve so that you can get back to what you really care about.

Still have questions? Ready to get started? Contact the Pigott Law Group today to schedule an initial consultation.

Call Now For A Free Consultation About Your Personal Injury Claim! (716) 916-2046

What Should I Expect During Settlement Negotiations With The Insurance Company?

Settlement negotiations often begin with an offer so low it can feel insulting. For example, you might have undergone a $50,000 spinal fusion surgery, only to have the insurance company offer $5,000 to settle your claim. It’s frustrating, but it’s part of their strategy.

An experienced personal injury attorney knows how to handle these low-ball offers. They’ll ignore the initial offer and begin a process of back-and-forth negotiations, much like a game of ping-pong. Both sides will exchange numbers and explanations for their positions, but it’s unlikely they’ll agree on the reasoning behind the offers.

Ultimately, it’s about pushing the insurance company to reach the maximum amount they’re willing to pay. This process takes time, but having a skilled attorney ensures you won’t settle for less than what you deserve.

What Factors Affect the Amount of a Car Accident Settlement?

Several factors influence the value of a car accident settlement, including:

• Preexisting conditions, your age, and your overall health before the accident.
• Your employment status at the time of the accident.
• The seriousness of your injuries.
• The amount and type of medical treatment required to recover.
• Money spent directly because of the accident (e.g., medical bills).
• Expenses you wouldn’t have incurred otherwise (e.g., transportation costs for treatment).
• Income lost due to your inability to work.

All these factors are considered together when calculating your settlement amount.

Can I Recover Compensation For Pain And Suffering In New York?

Yes, you can recover compensation for pain and suffering in New York. This type of compensation is designed to account for the physical and emotional toll the accident has taken on your life, however, the amount will depend on many different factors, including:

• The extent of your economic damages.
• Lost wages and reduced earning capacity.
• The cost of your medical care and any out-of-pocket expenses.

Attorney David Pigott is a seasoned lawyer based in Buffalo, NY, who has helped countless clients just like you navigate the intricacies of personal injury law. With years of experience practicing in Colorado and New York, he is prepared to assist you in getting the settlement you deserve so that you can get back to what you really care about.

Still have questions? Ready to get started? Contact the Pigott Law Group today to schedule an initial consultation.

Call Now For A Free Consultation About Your Personal Injury Claim! (716) 916-2046

Can I Reject A Low Settlement Amount? Does This Mean My Personal Injury Claim Will Go To Court?

Yes, you can reject a settlement offer. You’re not obligated to accept any offer from the insurance company, opposing party, or anyone else unless you believe it fairly compensates you for your injuries and damages.

If you reject the offer, the next step is typically to begin the litigation process, which involves filing a complaint in court and suing the negligent party for damages. However, rejecting an offer doesn’t mean negotiations stop. In fact, many cases settle after a lawsuit is filed. Sometimes, filing a lawsuit prompts the insurance company to reassess and make a more reasonable offer.

Rejecting an offer does mean litigation begins, but it doesn’t guarantee your case will go to trial. Negotiations often continue throughout the process, and many cases are resolved before reaching a courtroom. Even if a trial is scheduled, settlements can still happen at any point—even after a jury has been selected.

It’s an ongoing process, and having an experienced personal injury attorney by your side can help ensure you’re making the best decisions for your case.

Why Is Working With An Experienced Personal Injury Lawyer Key To Getting The Most Out Of Your Claim?

Hiring an experienced personal injury lawyer can make a significant difference in the outcome of your claim. In fact, I’ve never had a case that we didn’t resolve for more than what the insurance company initially offered before our client hired us. While the amount of the increase varies by case, the results speak for themselves.

For example:

• In one case our firm handled, a man was walking to his car in a parking lot after church when a negligent driver backed into him, causing severe damage to his knee. The insurance company initially offered him $10,000. With our help, he ultimately received nearly $90,000.
• In another case, our client was offered $10,000 for injuries caused by the insured’s negligence. When she brought us on, we were able to settle her case for $250,000—a significant improvement over the original offer.

The unfortunate truth is that insurance companies rarely, if ever, offer injured parties the full compensation they deserve upfront. Their goal is to minimize payouts, often by presenting low-ball offers early on. However, when a skilled attorney steps in, they can build a strong case by thoroughly documenting the accident, injuries, and damages, and showing exactly what you’re entitled to under the law.

Still Have Questions? Ready To Get Started?

For more information on Auto Accident Injury Claims In New York, an initial consultation is your next best step. Get the information and legal answers you seek by calling (716) 916-2046 today.