1. Liability 

If you file a lawsuit for the injuries you sustained from a motor vehicle accident, it is your burden to prove that the other driver’s negligent or reckless driving is at fault for the accident.

In a New York car accident, the manner in which fault is assessed may greatly impact the settlement you receive. Under New York’s contributory negligence laws, your damages can be reduced if you share responsibility for causing the car accident. For instance, if you are 50% to blame for the accident and the total amount of the damages is $100,000, you may receive only $50,000

On the other hand, if the other driver is 100% at fault for the accident you will stand to receive the full amount your claim is worth. Therefore, liability is an important factor in receiving a million-dollar settlement because the less responsibility you share for causing the accident, the closer to one million dollars your settlement check will be.

Avoid making statements to the other driver or police officer after the car accident concerning fault. Statements after the accident, even an excited utterance, can be used to establish fault against you. Also, never make any recorded statements to the insurance adjuster without seeking the advice of counsel.

Never make a statement admitting fault after a car accident! Regardless of whether you believe you are at fault for at the accident, never admit fault after you have been involved in a car accident. An admission put you at risk to not receive the compensation you may have been entitled to receive.

Avoid making the following statements after a car accident. 

• “I’m sorry”
• “It’s my fault”
• “I’m okay”
• “I didn’t see you”

After a car accident, you should avoid making statements in which you accept liability or admit that the injuries were not serious. These statements can come back to bite you since the insurance carrier will attempt to use them against your interests during the negotiation process in order to significantly reduce the amount of compensation that you are entitled to receive. 

Does size matter? In the bedroom, maybe, but when it comes to the size of the other driver’s insurance policy after a car accident, definitely.

If another driver is at fault for the accident, their vehicle’s car insurance company will be on-the-hook for paying any future settlement or verdict resulting from a lawsuit. However, the insurance amount is the maximum amount the insurance carrier will be willing to pay on any claim.

Therefore, the higher the insurance policy limit the closer you will be to receiving a settlement for one million dollars.  

In New York, commercial vehicles and rideshare vehicles are insured under insurance policies with large limits some commercial and rideshare vehicles are insured up to a million dollars. For instance, if you’re involved in an accident with a UBER or LYFT driver and the rideshare driver has the rideshare app on with a passenger in the vehicle or you’re the passenger in the vehicle, UBER and LYFT will provide liability coverage of one million dollars.

3. Serious and Life Changing Injuries

The laws of New York State require an individual to suffer serious injuries in order to sustain a lawsuit. New York State Injury Threshold, Section 5102(d), defines the types of injuries that are considered serious. Section 5102(d) defines the following conditions as serious injuries:

• Death

• Dismemberment

• Significant Disfigurment

• Loss of Fetus

• Permanent loss of use of a body organ, member function or system.

• A permanent consequential limitation of use of a body organ or member. 

• A significant limitation of use of a body function or system. 
• A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment. 

The more significant the injury suffered, the more significant the compensation you may receive. Compensation for a personal injury is designed to make you whole, therefore if you have suffered a million dollars in damages from the accident. The compensation you receive should be equivalent to the damages you have incurred.

4. Loss Of Enjoyment 

After an accident some conditions are immediately apparent such as a loss of limb, disfigurement or death however, other conditions may exist but are not readily apparent.

For instance, an artist who paints professionally and for personal enjoyment is no longer able to do so because of a serious injury to the dominant hand. Therefore, if the activity is considered a significant part of one’s life, the loss can be considered a loss of enjoyment of life.  

5. Financial Hardship

A serious car accident can cause a number of expenses. If you have experienced a significant injury after a car accident your inability to work may be impaired allowing you to claim lost wages.

The length of time you’re unable to work after the car accident depends on the seriousness of your injuries and your time away from work will also depend on the type of work you perform. For instance, workers in physically-intensive jobs, such as those involving construction, might be out of work longer than claimants who have office jobs.

Koenig Pierre is a New York personal injury lawyer who can help regardless of the nature of your injuries. Koenig Pierre  helps clients who have suffered serious injuries after a motor vehicle accident.

6. Medical Treatment

The extent and significance of the medical treatment that you receive after a car accident is important because such information will be used by your attorney to demonstrate that you have suffered a serious injury. On the flip side, the insurance company will be used this information to prove the opposite, that your injuries were not serious, and you’re not entitled to substantial compensation.

Consequently, whether or not your case is worth $1,000,000 will be based on whether you’re able to demonstrate that you have suffered serious injuries meriting such an award or settlement.

Koenig Pierre is a New York car accident attorney who will investigate the accident thoroughly, assess fault the fault of all the tortfeasors and put forth a compelling case establishing your entitlement to major compensation, possibly exceeding $1,000,000.