Everyone has the right to a lawyer. If you are involved in an accident that is not your fault, it is natural to want to know what kind of compensation you may be able to recover. Broadly speaking, accident victims are entitled to compensation for the “damages” they have suffered due to the at-fault driver’s negligence.

What are the damages in a car accident claim? They include:

• Current and future medical costs
• Loss of wages
• Lost earning capacity
• Property damage
• Pain and suffering
• Disability
• Scarring and disfigurement
• Loss of enjoyment of life

However, the damages you may be able to recover in your car accident claim will depend on the specific losses you have suffered, the circumstances of the crash and even where the accident occurred.

Calculating Your Car Accident Compensation

Assessing the damages in a car accident claim is complicated. Unsurprisingly, insurance companies, and personal injury lawyers take different approaches to determine what represents fair compensation.

How Do Insurance Companies Calculate Damages?

When they act in good faith, insurance adjusters calculate settlements by evaluating your economic losses (principally medical expenses, lost wages and property damage) along with estimating your non-economic losses (such as pain and suffering).

Settlements calculated this way are a rough approximation of what your claim is worth. The formulas used by insurance companies are not an exact science – they effectively make educated guesses on the non-financial damages in your case. They also take into account whether or not you have a lawyer involved. Insurance companies often can settle cases for less when people are not represented by an experienced injury attorney.

In Connecticut and New York, you do not have unlimited time to pursue your car accident claim. All states have a statute of limitations that specifies how long you have to take legal action.

Motor vehicle accident claims in Connecticut must generally be filed within 2 years. The statute of limitations for car accident claims in New York is generally 3 years in cases of injury, and 2 years if the accident resulted in a wrongful death.

Your car accident lawyer will investigate the crash and your losses to determine the full extent of damages in your case. This includes your current and future economic losses, as well as all non-economic losses. Your attorney will also take into account the conduct of the at-fault driver; punitive damages may be recoverable if the defendant was extremely reckless or acted with malice.

Both Connecticut and New York law allow accident victims to recover partial damages, even if they are partially at fault for the accident – a principle known as a comparative fault or comparative negligence. The amount of compensation is reduced, depending on the level of fault.

Connecticut law permits recovery only if the claimant is 50 percent or less at fault for the accident. In New York, meanwhile, claimants can pursue compensation as long as they are not totally at-fault for the accident; a driver who is 99 percent at fault can make a claim against the other driver for 1 percent of his damages. Things can get complicated so that’s why we help everyone navigate their rights. Regardless of your status-undocumented or not, you have a right to an attorney, and consultations should be free. 

For more information, visit venturalaw.com or call 203-800-8000.