It is common for insurance providers not to offer injured car accident victims enough money to sufficiently cover their medical expenses and repair costs. Most of the time, accident victims are only presented with minimal amounts that only provide “actual damages,” or the original harm that is measured in dollars and cents.
If you are dissatisfied with the amount of money the insurance company offered you, you are not required to accept their offer and stop there. You have the right to go after more.
In the state of New York, there are four different types of damages that personal injury accident victims may recover:
- Compensatory damages. It is in your best interest to pursue these kinds of damages if you would like to receive compensation for any financial losses you have already lost or may sustain in the future as a result of your injury. It is common for a jury to decide this amount for you.
- Punitive damages. These damages are designed to provide a consequence to those who are liable for your injuries. This is an amount you and your lawyer set. Punitive damages are also known as exemplary damages. It is customary for people to be awarded lesser amounts than requested, so it is wise to contemplate a higher amount than what you expect to receive.
- Nominal damages. Even if no bodily injuries occur, car accidents can still cause severe emotional damage to victims. You can sue those who are accountable for the collision for nominal damages so that you are provided with compensation for your emotional suffering.
- Comparative fault recoveries. If you were somewhat at-fault for the car accident that prompted your injuries, New York State law permits you to go after damages that will be decreased based on your “percentage of responsibility” for the crash. For instance, if you are considered half at-fault for the incident, the damages awarded to you will likely be decreased by 50%.
We Are Here For You
The attorneys at The Odierno Law Firm have 40 years of experience and are highly skilled in this area of the law. We have successfully recovered more than $100 million for our clients, and we may be able to help you, too. If you’ve been injured in a car accident, don’t wait to contact us about your case.