Many victims of personal injury wonder how much their particular case is worth. In order to understand how much your case is worth, it is important to understand the two key aspects of a personal injury case.
Liability refers to the fault each party has with respect to an accident. New York is what’s known as a “Comparative Negligence” state. If you are in an accident and bring a personal injury claim against the other party involved, a determination must be made regarding each party’s percentage of liability.
For example, if you are in a two-vehicle accident, liability will be apportioned between you and the other party in an amount equal to 100%. For example, the other party may be 100% at fault while you are 0% at fault. The other party may be 70% at fault while you are 30% at fault. Liability is usually determined through negotiation or, if negotiation fails, a trial.
The second aspect of your case is calculating what damages you are entitled to for both your physical pain and suffering and economic losses.
Your personal injury attorney can calculate the value for your pain and suffering, which includes both physical pain and the emotional distress your injury has caused you. If you are in an accident and bring a personal injury claim against the other party involved, adding your pain and suffering from your economic losses, such as medical bills, lost wages, and property damage determines your total amount of damages.
Your total damages can also be resolved through negotiation, or, if negotiation fails, a trial. The damages you receive for your losses will be proportionate to the liability of the defendant. Therefore, if your total damages are assessed at $100,000 for your case, and the defendant is found 70% liable, you are entitled to receive $70,000.