Settling a Car Accident Case in Yonkers

The team at StolzenbergCortelli, LLP has over 20 years of experience dealing with insurance companies. People want to get the best value for their case and not just take any money they offer. One of our skilled car accident attorneys can help determine whether the money the insurance company is offering is sufficient or if the claim is worth more. Let us counsel you on settling a car accident case in Yonkers.

What is the Settlement Process?

A car accident claim in Yonkers could be settled at any stage in the process. Oftentimes, lawyers wait for medical treatment to be completed because that will maximize the value of the case. An injured party will not want to settle their case if they are anticipating getting further surgery or more injections, because that should be included in the damages requested. The statute of limitations for most car accidents is three years, unless it is against a government municipality, which would then be just one year.

In between the date of the action and the statute of limitations, an attorney will deal with the insurance adjuster and try to settle it. They can still settle the case after filing a lawsuit but would be dealing with attorneys. It is always best to try to get a claim settled before it turns into a lawsuit, but most of the time a person will need to wait for all treatments to subdue.

Who Determines the Amount of a Settlement?

A single person does not necessarily determine the settlement amount, but it will be affected by the insurance coverage, what the insurance company is willing to offer, and what the plaintiff is demanding. It will also be determined by the extent of the injuries, the amount of missed time from work, and other economic and non-economic losses.

The case only goes to a jury if it reaches trial, so they would not have involvement in a settlement but they would be responsible for coming up with a verdict, which may or may not be what the plaintiff is asking for.

Negligence from the Plaintiff

Plaintiff negligence could affect the settlement amount of an auto accident in Yonkers. New York is a comparative negligence state, so the injured person can still recover damages if they are at fault by a certain percent, but their settlement might get reduced by that percent. If someone was 10% negligent and the case is worth $100,000, they could recover $90,000. Their settlement could be reduced by their share of negligence, but it will not be a complete bar from recovery.

Hurdles Involved with Settling a Car Accident Claim

A big reason why lawyers like to settle the case before trial is because of litigation expenses, such as paying doctors or experts to come testify. In addition, the courts are often backed-up with cases, which COVID-19 only exacerbated.

Depending on the venue in the case is being handled in, someone could see their case tried anywhere from one to three years out. Even though a person might not be getting all the money they want if they accept a pre-trial settlement, they might be getting roughly the same amount of money later at trial because of the expenses and time commitment that comes with it.

Talk to an Attorney About Settling a Car Accident Case in Yonkers

The attorneys at StolzenbergCortelli, LLP have vast experience dealing with car accident cases. While we could compare yours to other cases we have dealt with in the past, we also know what certain types of injuries are being settled for in other claims currently. We determine the value of the settlement based on the medical information, recent verdicts, or any updates to the law – and you are the final voice in approving or dismissing a settlement offer in Yonkers. Call our team now for more information.