Since each head-on collision has a different outcome, each victim’s settlement is also different. However, our lawyers will assess similar factors from case to case, starting with the cost of medical treatment.
In addition to expensive emergency room care, victims may need ongoing treatment after suffering traumatic brain injuries (TBIs) or other injuries commonly sustained in head-on accidents. While settlements should cover all medical expenses due to negligence, they should also cover victims’ lost wages. Many victims can never go back to work after head-on collisions because of life-altering injuries, and our lawyers can negotiate fair compensation during settlement negotiations. Most often, non-economic damages are the hardest to recover in settlements, as negligent drivers are reluctant to offer compensation for pain and suffering. We can use expert witness statements to help show your non-economic losses, whether as leverage during settlement negotiations or evidence at a trial.
Get a confidential and free case analysis from our Westchester, NY car accident lawyers by calling The Martello Law Firm, PLLC at (914) 685-6950.
What Goes into Calculating the Average Settlement for Head-on Collisions in New York?
When assessing any car accident settlement, our lawyers will consider various factors, such as the cost of medical treatment, the effect of injuries on the victim’s earning capacity, and the victim’s pain and suffering. Based on your incurred damages, we can estimate your anticipated recovery and compare proposed offers to those calculations.
The Cost of Treatment
Head-on collisions are among the most severe car accidents, often leading to catastrophic injuries. Even when injuries are somewhat minor, comparatively speaking, victims might have to go to the hospital for emergency treatment to address lacerations, contusions, or sprains. Head-on injuries often lead to concussions, and victims should always get evaluated for possible traumatic brain injuries.
Head-on accidents at high speeds are particularly serious, potentially leading to fatal or life-altering head injuries for victims. On top of needing onsite medical care from paramedics, victims might need further emergency treatment at the hospital. Victims might undergo diagnostic tests, like MRIs, CT scans, and X-rays, all of which might add up. This might be in addition to any surgeries to address head, neck, and back injuries, as well as long-term physical therapy. Our attorneys can organize victims’ medical records and proof of damages and keep a running tally of losses throughout their claims.
We will heavily consider the cost of your treatment when evaluating potential settlements for head-on collisions, including future care victims may need. The cost of treatment could otherwise cause serious financial hardships for victims already suffering from devastating injuries. All reasonable medical expenses typically are compensable in injury claims, and negligent drivers might seem to cover all medical damages in their first settlement offers, especially if they are lump sum amounts. However, it is crucial to carefully review these offers and ensure they include compensation for future treatments, which is often necessary for victims with TBIs or other injuries from head-on collisions.
The Effect of Injuries on Earning Capacity
Whether or not the average settlement covers a victim’s lost wages depends on if they cannot return to work. This is often the case after head-on crashes since the risk of serious injury is so high. When confirming your lost wages and reduced earning capacity, our Yonkers, NY car accident lawyers will review employment and income records, like paystubs and tax returns. We can review your workplace responsibilities and confer with medical experts to determine if your injuries would prevent you from resuming your previous role. Based on your medical records and diagnoses, experts can explain the likelihood of you ever returning to work at the same earning level or any level at all. Permanent TBIs could make it impossible for victims to earn incomes, likely increasing the settlement offers they should expect. Not only should the negligent driver be liable for lost wages to date due to the negligence, but also for future lost wages you will incur as you recover from your injuries.
The Victim’s Pain and Suffering
In general, defendants don’t offer considerable compensation for victims in initial settlement offers. This is for several reasons, mainly because they hope victims will accept lower amounts to get compensation sooner. Non-economic damages are some of the most impactful on victims’ lives, and they might develop anxiety, depression, or post-traumatic stress disorder.
When assessing your pain and suffering, our lawyers may review the activities or hobbies you can no longer engage in and how that has affected your quality of life. For example, if you can’t go back to work, that could eliminate a social aspect of your life, leading to feelings of depression or isolation. Paralysis injuries could prevent victims from playing with their kids, walking their dogs, or engaging in many of their favorite activities. All of this pain and suffering is because of injuries caused by the defendant, making them liable.
Victims can only file lawsuits and recover non-economic damages when they meet the serious injury threshold in New York. Since the risk of sustaining serious or debilitating injuries is so high in head-on accidents, victims often meet this threshold after presenting certified medical records proving their injuries.
During subsequent settlement negotiations, our lawyers can leverage statements from mental health experts clarifying victims’ pain and suffering, and victims may give their own statements explaining how a defendant’s negligence has affected their lives and overall well-being. New York does not limit non-economic damages for car accident victims, so if the defendant refuses to increase settlement offers to account for your intangible losses, you can process with a trial, and the jury may award you fair compensation for pain and suffering.
Call Our Lawyers in New York for Help with Your Case
Call the Mount Vernon, NY car accident lawyers at The Martello Law Firm, PLLC for a free case assessment at (914) 685-6950.
