In New York City, victims of cervical spine injuries will likely not know what a good settlement is for their injuries, only that it should be high. Cervical spine injuries are some of the worst a person can suffer and should be compensated accordingly.
Fortunately, our New York City personal injury lawyers can help you determine an accurate value for your case so a beneficial settlement can be reached. Several factors will play a role in determining how much your case will settle for. Perhaps most crucial will be the extent of your injuries and their impact on your life. However, because of the serious nature of cervical spine injuries, a lawsuit might be the best choice to recover the full compensation your injuries will require.
If another person caused you cervical spine injuries, our New York City personal injury attorneys can help determine your options to recover what you are owed. For a free case evaluation, contact The Carrion Law Firm at (718) 841-0083.
Determining a Good Settlement for a Cervical Spine Injury in New York City
Knowing what a good settlement offer for cervical spine injuries is a difficult determination to make. Numerous factors particular to your case will impact the compensation you recover, but many tend to settle for higher amounts than other personal injury cases. This is because of the seriousness of cervical spine injuries and the lasting damage they often do to victims. If your injuries require significant treatment or have left you injured for life, a good settlement will be large enough to see you through the difficult times ahead.
The strength of your evidence will play a crucial role in the amount your settlement might be. If extensive records show the nature of your injuries and your future prospects after continued treatments, negotiating a good settlement might not be as challenging, even for high-value cases. However, if the evidence is scarce, your settlement will suffer as it takes more than just claiming spinal pain to recover the significant compensation your injuries might require.
It is worth considering filing a lawsuit if your evidence effectively shows how your injuries were caused and the cervical damage you sustained. A lawsuit is often the best way to recover the full range of damages you are entitled to since a settlement agreement usually involves a compromise between the parties that can limit what you recover. A lawsuit is heard before a judge or jury, though, and could be a more objective setting to pursue the damages you have incurred. Our Staten Island personal injury lawyers can review the facts of your case to help determine what a good settlement for your injuries would be.
What Factors Can Impact a Settlement for Cervical Spine Injuries in New York City?
As mentioned, numerous considerations are taken into account by both sides when determining a good settlement amount for cervical spine injuries in New York City. Arguably the most important factor will be the severity of your injuries. The defendant’s conduct during and after the accident will also play an important role, as well as any negligence you might have committed during your accident. Our Bronx personal injury attorneys can identify critical factors in your case so an accurate value for your injuries can be made.
The Seriousness of Your Cervical Spine Injuries
It is common for cervical spine injury victims to experience significant pain, loss of coordination, mobility issues, damaged motor skills, and a host of other problems. In truly unfortunate cases, a victim could be paralyzed for life. Thus, the severity of your injuries and their future impact can act as a guide for how much a settlement should be. The more devastating the injuries, the higher a settlement offer should be.
However, insurance companies might be reluctant to pay out on a substantial claim in a shortsighted effort to save money. In these situations, a lawsuit can be filed so you can pursue the full amount of damages they are entitled to claim. This is usually the best route to take for cases involving significant cervical spine injuries.
The Defendant
Deciding on whether to file a lawsuit instead of waiting to settle a case could depend on the defendant’s conduct. If a defendant shows no regret or is regularly combative during legal proceedings, putting them in front of a jury might be the right legal move. Juries tend to be very unsympathetic to unremorseful defendants who do not accept responsibility for their actions. Also, if a defendant is uncooperative during settlement negotiations, a lawsuit might be necessary to get them to take the matter seriously. In the face of an impending lawsuit, a defendant might be more agreeable to working out a solution that does not involve a public trial.
Contributory Negligence
During settlement negotiations, the insurance company will look for any reason to shift the blame from their client to you. If you acted in a way that could be argued as contributing to your accident, it can significantly reduce the amount of compensation your recover. If there is any evidence of contributory negligence, you can expect the insurance company to grab hold of it and use it as effectively as possible.
Fortunately, you can recover compensation in a lawsuit even if you were partially at fault for causing your cervical spine injuries. As long as you are not found 50% or more at fault for causing the accident, the court will award you compensation for your injuries minus the percentage you were found to have contributed. You will be barred from recovering any compensation if your fault is 50% or more.
An insurance company is not likely to use nuance when deciding a settlement amount for a case they believe you helped bring about. Having a neutral factfinder like the judge or jury in a trial could be better situated to maximize the compensation you can recover. Our Queens personal injury attorneys can fight any accusations that you were to blame for your injuries so you can recover the full amount of compensation you deserve.
Our New York City Personal Injury Attorneys Can Help
If you suffered cervical spine injuries, you could be entitled to a large settlement. Our Manhattan personal injury attorneys at The Carrion Law Firm can provide you with a free case review today. Call us at (718) 841-0083.