Settlements in Car Accident Cases
A crash caused by another driver’s negligence can leave a person facing not only painful injuries but also overwhelming medical expenses, weeks or months of lost wages, and the anxiety of not knowing how to provide for their family. For many people injured in collisions, settlements provide a path to compensation without the uncertainty of trial. The ability to resolve a claim fairly and efficiently can mean regaining financial stability, securing ongoing medical care, and finding a way forward after an unexpected tragedy. Without proper legal representation, however, the settlement process can become one-sided, with insurance companies pressuring victims to accept far less than they deserve. That is why experienced counsel is critical when negotiating settlements for car accident cases. If you were hurt in a car accident and have questions regarding what damages you may be able to recover via settlement, it is smart to speak to an attorney. The dedicated Syracuse car accident attorneys of DeFrancisco & Falgiatano, LLP Personal Injury Lawyers, can assess your case and gather the evidence needed to help you seek the maximum compensation available.
Establishing Liability Prior to SettlementWhile settlements for car accident cases are often achieved through negotiation, they are grounded in the same legal principles that govern personal injury lawsuits filed in New York courts. Specifically, establishing liability prior to settlement generally requires a plaintiff to establish a defendant’s negligence. To do so, they must prove the defendant owed them a duty, which the defendant breached, and that the breach caused them to sustain damages.
Every driver has a legal duty to operate their vehicle with reasonable care, which includes obeying traffic laws, adjusting to weather conditions, and avoiding distractions. A breach occurs when a driver fails to meet this obligation, whether through speeding, texting while driving, or disregarding a traffic signal. The injured party must then demonstrate that this breach was the direct and proximate cause of the collision and their injuries. Establishing causation can be complex, particularly when multiple vehicles are involved or when the defendant claims that the injuries predated the accident. In such cases, expert testimony from physicians, accident reconstructionists, and other professionals is often necessary to establish the link between the negligent conduct and the victim’s harm.
Damages form the final element of a negligence claim and encompass both economic and non-economic losses. Economic damages include hospital bills, surgical costs, rehabilitation expenses, and lost income. Non-economic damages cover pain and suffering, emotional anguish, and diminished quality of life.
Reaching a Settlement and Protecting Your RightsThe process of reaching settlements for car accident cases involves strategic negotiation and a careful assessment of the evidence. Insurance companies frequently attempt to minimize payouts, arguing that injuries are less severe than claimed or that the victim shares responsibility for the crash. Without the assistance of an experienced attorney, victims may feel pressured to accept inadequate offers that do not cover long-term medical care or lost earning potential. Skilled lawyers, however, understand how to evaluate claims, counter low settlement proposals, and present compelling evidence of damages. They can also draw upon expert testimony to validate the extent of injuries and the future costs of care, ensuring that any settlement reflects the true impact of the accident on the victim’s life.
Ultimately, the goal of any settlement is to restore the injured party to the position they would have been in had the accident not occurred, as much as money can achieve. Although no amount of compensation can erase the trauma of a serious collision, a fair settlement provides critical resources for recovery and stability.
Meet with a Seasoned Car Accident Attorney in Syracuse, Rochester, or Upstate New YorkSettlements in car accident cases are often the turning point for people whose lives have been shattered by someone else’s negligence. If you or someone you love has been injured in a crash, it is wise to meet with an attorney to assess your options for seeking compensation. At DeFrancisco & Falgiatano, LLP Personal Injury Lawyers, our seasoned Syracuse car accident attorneys are committed to advocating for injured parties, and if you hire us, we will fight to help you pursue a favorable outcome. Our offices are located in Syracuse, and we proudly represent injured individuals throughout Syracuse, Rochester, and the broader Upstate New York region. To schedule a free and confidential consultation, contact us online or call 833-200-2000.