New York City Personal Injury Law Blog

Factors That Can Affect Your Car Accident Claim

Posted on Nov 4, 2017 in Car Accidents

Car accident claim

According to the Centers for Disease Control and Prevention (CDC), more people are killed in car accidents in the United States than in other high-income countries. It reports that over 32,000 people were killed on US roads in 2013 – this means that there were approximately 90 deaths per day. A report by the CDC Vital Signs calls car crashes in the US a serious public health issue.

Things that Can Affect Your Car Accident Claim

Your car accident settlement amount can be affected by a number of factors, dramatically increasing or decreasing the amount you receive. It is important to understand these factors so that you can have a better understanding of the settlement process and how the outcome impacts you.

  • Your version of the accident as well as its consistency: Forgetting the details of an accident and remembering them later is both normal and understandable. However, if your version of the accident changes multiple times with many inconsistencies, it may hurt your settlement. This is especially true if your accounts differ from the one you tell your attorney to the one you tell any third parties. To make sure that you get the maximum settlement amount, your story should always be consistent, whether you are telling it to your lawyer, a doctor, an insurance adjuster, investigator, etc.
  • Evidence of negligence: In order to collect a settlement, you must be able to prove the negligence of the other driver, and that negligence directly resulted in your injuries. It is important to remember that the settlement you receive is based on the other driver’s level of negligence and whether or not you contributed to the injuries you sustained in the accident.
  • Doctor’s opinions: Injuries play a major role in personal injury settlements. This means that you need medical records supporting injury claims from a doctor. But a doctor’s report is not sufficient. You also need to include detailed medical records, such as medical examinations and tests that prove your injuries, prescription medications and sufficient documentation showing that you actually suffered an injury due to the accident. If you are unable to provide medical documentation, the insurance adjuster may decide that you lied, or at least exaggerated, about your injuries.
  • Your lifestyle after the accident: When you make a claim that the car accident dramatically altered your life, attorneys and insurance companies will want to see proof that there are in fact actual changes in your lifestyle. For example, you will need to show that you are no longer able to work. If you claim that the accident caused a disability, taking a skiing trip should definitely not be an option. If you are caught doing something that you claim you can no longer do due to the injury you sustained in the car accident, it may significantly compromise your settlement amount.

RMFW Law Will Come Through for You

If you or a loved one has been injured in a car accident due to another driver’s negligence or recklessness, the first thing you should do is seek legal counsel from a profound and amazing personal injury attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. With one of our legal counselor’s help, you can make sure that you receive maximum compensation for damages from the party at fault.

No one gets the job done like us. RMFW Law is one of the strongest and most altruistic law firms in the city. We know the players in the Big Apple and we know how to obtain results. Our results speak for themselves. We know what a winning case looks like and we remain steadfast under pressure.

We know the tricks the other side likes to play. Call us today! And do not sign any paper work with any insurance company. They will try to get you to accept a low ball offer and it is a low ball offer!

 

Comments

I Chose The Right Attorney - “Attentive, Professional and Know About the Law…”

I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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