Car Accidents Lawyer Q&A in New York City

In a Car Accident Case, How Much Money do People Typically Get?

In car accident cases, the compensation can vary widely. It depends on factors like the severity of injuries, medical expenses, lost wages, property damage, and insurance coverage. Settlements can range from a few thousand dollars to much larger amounts for severe cases.

What are the typical settlement amounts and what are the typical cases?

Typical settlement amounts can vary greatly, but for minor injuries, settlements might range from a few thousand to around $20,000. For more severe injuries, settlements can be much higher, often exceeding $50,000 or even reaching hundreds of thousands. Common cases include whiplash, broken bones, head injuries, and soft tissue injuries.

How is Whiplash Diagnosed?

Whiplash is typically diagnosed based on a patient's symptoms, medical history, and a physical exam. Doctors may also use imaging tests like X-rays, CT scans, or MRIs to rule out other conditions.

What is Whiplash?

Whiplash is a neck injury that occurs when the head is suddenly jolted backward and then forward, like in a car accident. This rapid movement can strain or tear the neck muscles and ligaments, leading to pain, stiffness, and reduced range of motion. It's often associated with rear-end car collisions.

Does the top of the seat help against whiplash?

Yes, the top of the seat, specifically the headrest, plays a crucial role in preventing whiplash. A properly adjusted headrest helps limit the backward movement of the head during a rear-end collision, reducing the risk of injury to the neck.

Can the headrest ever make it worse?

If the headrest is not properly adjusted, it can indeed contribute to injury. However, when correctly positioned, the headrest is designed to support the head and neck, reducing the risk of whiplash by limiting the distance the head moves during an impact.

What else reduces the risk of injury in a car crash?

To reduce the risk of injury in a car crash, wearing a seatbelt is crucial. Airbags provide additional protection. Maintaining a safe speed and keeping a safe following distance can help avoid accidents. Ensuring your car is in good condition, with properly inflated tires and functioning brakes, is also important. Finally, staying focused and avoiding distractions while driving can significantly reduce the risk of accidents.

What Should I Do Right After a Car Accident in New York?

After a car accident, the first priority is everyone's safety. Move the vehicles out of the lane of traffic if possible and turn on hazard lights. Call 911 if anyone is hurt or if the damage looks substantial. The police will produce an MV-104 accident report, which becomes one of the most important documents in any later claim. Exchange driver's license, insurance, and registration information with the other driver. Take photographs of every vehicle, every license plate, the position of the cars, the road conditions, the traffic signals, and any visible injuries. Get the names and phone numbers of every witness — they vanish quickly. Even if you feel fine, see a doctor the same day or the next morning. Some injuries, particularly soft-tissue and brain injuries, do not show full symptoms until hours or days later.

Should I Talk to the Other Driver's Insurance Company?

Not without a lawyer. The adjuster's job is to gather statements that minimize the carrier's exposure. A casual, friendly phone call can produce a recorded statement that is later used to argue you admitted partial fault, downplayed your injuries, or contradicted yourself. You are not required to give a statement to the other driver's insurance company. You can simply tell them to direct any questions to your lawyer.

What Is No-Fault Insurance and How Does It Work?

New York is a no-fault state. Every registered vehicle is required to carry at least $50,000 of Personal Injury Protection (PIP) coverage, which pays for medical treatment, a portion of lost earnings, and certain other economic losses for the driver and passengers — regardless of who caused the crash. To preserve your right to no-fault benefits, you must file a no-fault application (Form NF-2) with your own insurance company within 30 days of the accident. Missing this deadline can mean losing thousands of dollars of medical and wage benefits, even if you have a perfectly valid case.

When Can I Sue the Other Driver?

Because New York is a no-fault state, you cannot sue for pain and suffering from a car accident unless you have suffered a "serious injury" as defined by New York Insurance Law Section 5102(d). The statute lists nine categories, including death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury or impairment of a non-permanent nature that prevents you from performing substantially all of your usual and customary daily activities for at least 90 of the 180 days immediately following the occurrence. Whether your injury meets the serious injury threshold is one of the central questions in any New York car accident case.

How Long Do I Have to File a Lawsuit?

The general statute of limitations for personal injury claims in New York is three years from the date of the accident. Wrongful death cases must be filed within two years of the date of death. Claims against the City of New York, the State of New York, or other government entities have shorter deadlines, including a 90-day notice of claim requirement and a one-year-and-90-day statute of limitations. Claims against the MTA, NYCT, or other public benefit corporations have their own variations. Missing the deadline by even one day usually ends the case.

What If I Was Partially at Fault?

New York follows a pure comparative negligence rule. Even if you were 80 percent at fault, you can still recover, but your damages are reduced by your share of fault. This is more plaintiff-friendly than the modified comparative negligence rules in many states, where any fault above 50 percent bars recovery entirely.

What Damages Can I Recover?

• Medical expenses, past and future, that exceed no-fault coverage.
• Lost wages beyond the limits of no-fault.
• Loss of earning capacity for serious injuries that affect your ability to work going forward.
• Pain and suffering, for past and future physical and emotional distress, if you cross the serious injury threshold.
• Loss of enjoyment of life, recognizing that injuries can prevent you from doing what you used to enjoy.
• Property damage to your vehicle and personal property.
• Loss of consortium claims by spouses for the impact on the marital relationship.
• Wrongful death damages where the accident is fatal.
• Punitive damages in cases involving drunk driving, reckless conduct, or other egregious behavior.

How Much Is My Case Worth?

Honest answer: it depends on the facts, and no honest lawyer can give you a precise number at the first consultation. Settlement value depends on the severity and permanence of injuries, the strength of liability evidence, the available insurance coverage, the venue, the jury demographics, and the credibility of the people involved. Minor soft-tissue cases with clean records often settle in the low five figures. Serious fracture cases, traumatic brain injury, spinal cord injury, and wrongful death cases regularly produce six-figure and seven-figure recoveries. Our role is to develop the strongest possible case so the settlement reflects the full value of your injuries.

How Long Does a Car Accident Case Take?

The timeline varies. Cases with limited injuries and clear liability sometimes settle within six to twelve months. Cases requiring extensive medical treatment, disputed liability, multiple defendants, or trial preparation can take two to three years or longer. We do not push cases to settle quickly at the expense of value, and we do not let cases drift. We aim to develop the case efficiently and resolve it on the best terms available.

What Does It Cost to Hire You?

We handle car accident cases on a contingency fee basis. You pay nothing up front. Our fee comes out of the recovery we obtain for you. If we do not recover money, you owe us nothing. We advance the costs of medical records, expert witnesses, depositions, and court filings throughout the case. This arrangement levels the playing field with insurance companies that have unlimited resources.

What If I Was Hit by an Uber or Lyft?

Rideshare accidents are subject to special coverage rules. Uber and Lyft maintain commercial liability coverage that varies depending on whether the driver was offline, available but not yet matched, en route to pick up, or carrying a passenger. The available limits go up substantially when the driver was actively engaged in a ride. Identifying the applicable coverage and the entities involved (the driver, the rideshare platform, and any underlying personal auto insurer) is a critical first step.

What If the At-Fault Driver Has No Insurance?

If the at-fault driver is uninsured, underinsured, or fled the scene, your own auto policy's uninsured/underinsured motorist (UM/UIM) coverage may step in. New York drivers are required to carry minimum UM coverage of $25,000 per person and $50,000 per accident, but many sensible drivers carry much higher limits. UM/UIM claims have their own procedural rules, including arbitration rather than litigation in some cases.

Call Our Office

If you've been in a car accident and are looking for a lawyer, we at the Law Offices of Albert Goodwin are here for you. You can call us at 212-233-1233 or send us an email at [email protected].