How Much Can Someone Sue For A Car Accident – When you are injured in a wreck that is someone else’s fault, you have the right to file a car accident lawsuit under Illinois law. While there are many aspects to filing a lawsuit (or filing a car insurance claim, which is often the first step), one of the most important aspects is understanding how much you’re entitled to recover.
The short answer is that you can sue for the full amount of your accident-related damages. Unlike some other states, there is no limit to the damages you can pay after a car accident in Illinois. No matter how much the accident costs you, and no matter how much it affects the rest of your life, you can seek full compensation based on your individual circumstances.
How Much Can Someone Sue For A Car Accident
Calculating your damages after a car accident involves several steps – and don’t forget, you only get one chance to get the compensation you deserve. As a result, you should take the process of calculating your damages seriously, and you should work with an experienced attorney who can help ensure that you file an accurate claim.
What To Do If Someone Sues You For A Minor Car Accident
When you hire an attorney to handle your car accident case, your attorney will consider several factors to determine how much financial compensation to seek on your behalf. These include things like:
As you can see, all of these factors are unique to you. No two car accident cases are the same and no two victims’ losses are the same. So while you may have questions about things like the average settlement amount or the “value” of a particular type of injury, determining how much you can recover requires a thorough evaluation of your case.
Have you been injured in a car accident in Illinois? Wondering how much your case is worth? In that case, we encourage you to get in touch.
Contact Coplan + Crane today online or at (708) 358-8080 for a free case evaluation. We serve clients throughout Illinois including Chicago, Oak Park, Rockford and other areas. Suffering the consequences of a car accident can be scary, especially if you or one of your passengers has been injured. In May 2020, the NYPD reported that there were 5,935 motor vehicle collisions, resulting in 1,161 injuries and seven deaths. These figures show the number of car accidents in a city in just one month. Unfortunately, car accidents happen frequently in New York City, and many of them are caused by negligence.
You Can Still Sue After A Car Accident If You Don’t Have A Driver’s License
For more than 30 years, the Rafelson & Levin law firm has been advocating for the rights of New York car accident victims. Our compassionate attorneys understand the challenges and difficulties people face after a motor vehicle collision. Injuries can be severe or ongoing and those injured can lose their ability to perform at their job, earn their living. To learn more about legal options after a collision, call the car accident lawyers at Raphaelson & Levine at 212-268-3222.
New York State is a “no fault” state. Basically, this means that car accident victims should first try to collect compensation from their car insurance company, regardless of who caused the accident. All New York drivers must carry minimum insurance coverage that includes:
Unfortunately, many insurance companies try to avoid paying car accident victims as little as possible. As a result, they may not receive enough compensation to cover medical expenses, repair damage to their cars, or cover regular bills if their injuries interfere with their ability to work.
After a motor vehicle collision, many people turn to experienced attorneys who can outline their rights and advocate on their behalf to obtain a level of compensation from their auto insurance company. An experienced car accident attorney can also determine whether victims have grounds to sue the other driver.
How Much Can You Sue For A Car Accident?
It is important to understand that even though NYS is a no-fault insurance state, car accident victims have the right to seek justice and compensation for their injuries, personal property damage, or pain and suffering. It is allowed when the driver is found negligent.
By definition, negligence is when someone fails to exercise an ordinary level of care. In the case of a motor vehicle collision, this means that the driver failed to exercise such care as would be considered reasonable or prudent under ordinary circumstances. It can also refer to a lack of action that can lead to injury.
Because motor vehicle accidents are usually not intentional, the law looks at what type of action(s) caused the accident. Reckless acts that can be done by a driver:
Distracted driving is a significant cause of car accidents. Recent statistics from the National Highway Traffic Safety Administration estimate that in 2018, 400,000 people were injured in car accidents caused by distracted drivers. Unfortunately, another 2,800 people died that year due to distraction.
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Eating and drinking are activities that can take a driver’s attention off the road, but one of the most common reckless acts is using a cell phone while driving.
Because negligence is usually preventable, at-fault drivers can be held liable for injuries and damages caused by their negligent and/or negligent behavior.
Gross negligence is another type of negligence. It is defined as a failure to exercise care or diligence and that failure results in personal injury or property damage. Courts may award punitive damages if gross negligence is proven.
In New York’s legal system, this is often difficult to show because courts only award punitive damages when the defendant was particularly malicious or willful. This is an important reason to seek legal advice because an experienced personal injury attorney will know what types of legal strategies to use.
How Much Can Someone Sue For A Car Accident In Nj?
New York State looks at several factors when determining fault in an accident. For example, a defendant may be found 80% responsible for an accident while the victim is 20%. This is known as pure comparative negligence and affects how much compensation is awarded. New York courts also look at factors such as:
In fact, the amount of compensation that can be awarded will vary greatly depending on the circumstances surrounding the accident and the severity of the injuries and damages. In order for the state to meet the “serious injury” criteria, New York has established a “threshold” that must be met. If the injury is severe or incapacitating enough to meet this threshold, the court is more likely to award higher compensation in a car accident case.
In a personal injury case, a lawyer can often negotiate a settlement offer instead of going to court. Through settlements, victims receive money more quickly to help them pay medical bills, recover lost wages, or get other medical care, treatment or therapy they need. It avoids going through the burden associated with exams.
Under New York state law, car accident victims must file personal injury lawsuits within three years of the date of the accident. This is known as the law of limitations. Once three years have passed, the opportunity to file a car accident lawsuit against the other driver is over. Because of these limitations, it is important to always seek medical attention after an accident to document it. Injuries and disabilities, such as head, back or neck injuries, are not always immediately apparent as symptoms appear gradually. It is important to record all the details.
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The stronger a victim’s documentation is after a car accident, the better off they will be if they are unable to work or have a reduced quality of life. After the victim is treated, they should consult with a personal injury attorney as soon as possible. A lawyer can then create additional documents that may be needed in the future. Building a strong case for negligence takes time.
At Raphaelson & Levine, we represent car accident victims every day. We are proud of our role as the “Voice of the Injured” for the greater New York area. If you, or a loved one, have suffered due to the negligence of another driver, the attorneys at our law firm are here to help. We will document the circumstances surrounding the accident and help you obtain the additional documentation needed to build a strong case.
To learn more about the legal process surrounding a car accident in New York, or if you have questions about your rights or how much someone can sue in a car accident, call us for a free consultation with one of us at 212-268 Contact on -3222. Personal injury lawyers. You can also fill out our online consultation form. The law firm of Raphaelson & Levine values the attorney-client relationship and will do everything we can to help you get justice.
Andrew J. Levine is a partner at the Rafelson & Levine law firm in New York, NY. Morris A. Dean is a graduate
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