How do lawyers settle car accident personal injury claims for millions of dollars? Why do some lawyers win huge settlements for their clients while others rarely resolve cases for seven figures?

New York roads and highways were the site of 381,306 traffic accidents in 2023, resulting in 113,576 personal injuries, according to data from the Institute for Traffic Safety Management & Research (ITSMR).^[1] More than a thousand of those traffic accident victims tragically lost their lives, while countless others suffered life-altering injuries, transforming their lives forever. Without proactive and skilled representation, many of these victims’ personal injury claims may ultimately settle for less than their full value.

Practicing lawyers know the settlement value of any personal injury claim depends on a combination of factors, including the nature and severity of the victim’s injuries, their age, occupation, the permanence of their disabilities, and the financial resources of the responsible party or accessible insurance policies. However, the lawyer’s ability to skillfully execute key legal settlement strategies is also essential to secure a personal injury claim’s full value.

The most successful car accident compensation strategies produce real benefits for injured drivers, passengers, and pedestrians. When a personal injury lawyer understands the legal tactics that can substantially increase the insurance company’s settlement offers, their clients receive a greater measure of justice. Too many well-intentioned New York car accident lawyers simply do not have experience winning high-value car accident settlements.

Dansker & Aspromonte Associates, LLP has won over $500,000,000 for injured clients. In this article, we share essential legal strategies for securing high-value car accident settlements, drawing from real case outcomes and expert insights.

Real Examples of High-Value Settlements at Dansker & Aspromonte

The suffering of New York car accident victims extends far beyond their initial injuries. Emergency medical treatment is often only the beginning of a lifelong struggle with chronic pain, physical disabilities, cognitive deficits, financial stress, unemployment, and the emotional toll of anxiety and depression that may dominate their new reality.

High-value car accident settlements are carefully calculated to cover the comprehensive costs of a client’s past and future economic damages. Notably, New York law imposes no cap on the potential compensation that an injured car accident victim can receive.

Consider these examples of past car accident settlements we have achieved:

• $21 Million Settlement: A sanitation truck worker was ejected from his vehicle when the driver lost control, ultimately dying from the injuries sustained in the accident and an unreasonable delay in receiving medical care. Our client’s wife and two children received the settlement proceeds.
• $3 Million Settlement: A hard-working secretary was struck by a privately owned school bus in the Bronx. Despite the company’s resistance to accepting responsibility for her leg injury and multiple surgeries, D&A secured her a settlement of $3,000,000.
• $4.3 Million Settlement: When a 20-year-old busboy was struck by a car in Brooklyn, he suffered multiple broken bones and a serious head injury. The insurer attempted to deny liability by claiming the young man was intoxicated, but Dansker & Aspromonte secured him a $4,300,000 settlement.
• $3 Million Settlement: A chef rollerblading in Greenwich Village was struck by a car backing into a parking space. She had previously undergone and recovered from serious back surgery. The insurer argued that her injury was preexisting and unrelated to the accident, but we successfully obtained a $3,000,000 settlement on her behalf.

When insurers are unwilling to fully compensate our car accident clients, Dansker & Aspromonte aggressively litigates claims in court, often winning jury verdicts in the millions of dollars.

• $31 Million Judgment: A New York City Transit Authority vehicle failed to stop as a police cruiser with lights and siren blaring crossed an intersection. The collision seriously injured a 35-year-old NY police officer, causing brain and spinal injuries. Our team took over the case shortly before trial, and the jury awarded our client $31,000,000 in damages.
• $7.8 Million Judgment: An executive secretary crossing the street in Battery Park was struck by a speeding police scooter, suffering brain injuries that impacted her memory and ability to perform executive functions. With interest added to the original $6.3 million jury verdict, we secured her a total of $7.8 million.

¹ Institute for Traffic Safety Management & Research

What’s at Stake for NY Car Accident Victims?

The financial impact of a serious personal injury on the victim and their family is far more extensive than many people imagine. Severe injuries suffered in New York car accidents lead to medical expenses accumulating at an alarming rate. At the same time, the victim may be unable to work, perhaps permanently. Long-term therapy and future surgeries can extend their disability, leading many victims to lose their future capacity to earn a living or experience the economic progress they would have otherwise achieved in their chosen line of work.

Every cent of income lost by the victim—past, present, and future—must be thoroughly calculated to assess an appropriate settlement value. Calculating lost earnings and lost earning capacity requires hiring a professional forensic economist as an expert witness. With their assistance, crucial factors like inflation effects on projected future medical expenses and the anticipated decrease in the real value of a dollar can be incorporated into an accurate settlement demand.

Future medical costs and extraordinary living expenses must also be considered. In many cases, modifications to the victim’s home are necessary to accommodate a motorized wheelchair, and accessible bathing areas may need to be installed. Some victims may need to move because they can no longer climb stairs to their apartment, while others may need to purchase a specially equipped van or pay for private transportation services.

Inexperienced personal injury lawyers may overlook many future financial costs their clients will face in the coming years or even decades. Neglecting to account for these identifiable damages diminishes a lawyer’s capacity to obtain the true high settlement value of a personal injury claim.

Winning high-value car accident settlements requires consultation with medical professionals, economic damage experts, therapists, and even construction experts to quantify the accident-related financial needs the injured client will face both in the near and distant future.

New York Car Accident Victims Need to Understand These Legal Terms

Clients unfamiliar with personal injury law cannot be expected to fully understand certain legal terms without guidance from their attorney. New York car accident lawyers should avoid using “legalese” and be prepared to explain key terms and how the system works. Making well-informed decisions requires that the terms used by NY personal injury lawyers be clearly defined to ensure clients fully understand them.

Settlement vs. Litigation

These two terms refer to different methods of resolving an injury claim, though they may occur simultaneously. A “settlement” means that both parties mutually agree to resolve the claim among themselves, without involving a judge or jury to decide the outcome.^[2] The claimant will typically release all claims against the other party in exchange for a specified sum of money.

“Litigation” refers to the formal process of filing a lawsuit in court, which the opposing party contests. Unless the lawsuit is settled before reaching trial, the issues will be decided by a jury or judge. The litigation process brings a high level of uncertainty, as the case’s outcome is no longer within either party’s control. Instead, the judge or jury determines if compensation is owed to the plaintiff and, if so, in what amount. This loss of control over the outcome often motivates defendants to increase settlement offers to avoid potential losses in court. Likewise, injured parties may also consider accepting settlement offers before a jury reaches a verdict.

Pain and Suffering Compensation

“Pain and Suffering” compensation refers to the amount intended to acknowledge and compensate the injured party for non-economic damages. Pain and suffering are complex and impossible to quantify precisely. However, it must account for both physical and psychological suffering.^[3]

The physical sensation of pain is often more easily understood than the psychological pain that can persist long after physical healing. This element of a claimant’s damages includes sadness, disappointment, self-doubt, fear, anxiety, depression, anger, loss of joy, and other emotional impacts that can persist for years. Failing to properly value this significant aspect of the client’s suffering can cost the client compensation they deserve to recover.

² Auto Accident Settlement Process – FAQ

³ McDougald v. Garber, 73 NY 2d 246 – NY: Court of Appeals 1989

Personal Injury Protection (PIP) (No-Fault Insurance)

Personal Injury Protection (PIP) is mandatory insurance coverage required by New York law to register a vehicle and obtain license plates.^[4] New York is one of only 12 states in the U.S. with a “no-fault” automobile insurance system. A PIP insurance policy typically covers the vehicle owner, passengers, and pedestrians injured in an accident involving the insured vehicle, regardless of who is at fault. The New York State Department of Financial Services website provides helpful information about how no-fault insurance law operates in New York.

If car accident injuries are not severe, the no-fault system ensures prompt payment of damages by the vehicle owner’s insurer. However, in cases involving serious injuries, the injured party may file a third-party claim against the responsible party and pursue a lawsuit if necessary.^[5]

To understand your legal rights under New York law, it is essential to consult a personal injury lawyer experienced in obtaining high-value car accident settlements. The ultimate value of a claim isn’t always apparent immediately after an accident. Working with a qualified law firm ensures your case will be thoroughly assessed.

Insurance Policy Limits

Many clients may not realize that insurance policy limits often determine the maximum compensation they can receive. Keeping clients informed about available insurance coverage is crucial. If the policy limits do not adequately compensate the client, counsel should reexamine the case facts to explore other potential liability theories. They should also investigate additional assets that may be available to compensate the injured client, as multiple parties may share responsibility for the accident.

Comparative Negligence

Comparative negligence is another important legal concept unfamiliar to many New York car accident victims. Explaining comparative negligence is critical when the circumstances suggest that insurers might reduce the proposed settlement by arguing that the injured party shares some responsibility. Comparative negligence applies if the victim’s own actions contributed to the accident.^[6]

For example, if a jury finds the defendant 80% responsible and the injured client 20% responsible, any judgment awarded to the client will be reduced accordingly. In this case, if the jury awards $1 million, the client’s recovery would be reduced by 20%, resulting in an $800,000 award.

Maximizing High-Value Car Accident Settlements in New York

Achieving high-value car accident settlements in New York is a top priority for both clients and personal injury lawyers. Securing the best possible settlement for those injured in car accidents requires intense attention to detail, a disciplined, well-organized team, and the cooperation of experts with impeccable credentials.

The following action plan outlines steps to help secure the highest-value settlement in New York car accident cases:

Promptly Gather and Document the Evidence

New York lawyers can secure high-value car accident settlements when they collect evidence promptly and thoroughly. Any delay risks losing valuable data that can clarify how the accident occurred, including temporary factors that may have contributed, the functionality of traffic control devices, and any measurable physical evidence left at the scene. Additionally, identifying potential witnesses becomes more challenging as time passes. These steps allow counsel to present compelling proof of liability and inform medical experts of the mechanism of injury, which helps substantiate the client’s damages.

Assessing Insurance and Alternative Parties

High-value car accident settlements require attorneys to identify all potential sources of liability. While car accidents are often caused by another driver’s negligence, injuries can also result from defective manufacturing or design, inadequate maintenance by a third party, or even compounded effects of negligent medical treatment. All possible theories of recovery must be evaluated to maximize an accident victim’s compensation.

The Importance of Following Medical Treatment

Healthcare providers maintain detailed records that document measurements and medical events, which are often central to establishing the severity of a client’s injury, their prognosis for recovery, and future financial burdens associated with pain and suffering.

Counsel should clearly explain to the client how medical treatment impacts the ultimate settlement value. While many injury victims may grow weary of numerous medical tests, exams, and therapy sessions, missing appointments or stopping treatments without a doctor’s recommendation can encourage insurers to lower their settlement offers.

⁴ ARTICLE 51 Comprehensive Motor Vehicle Insurance Reparations

⁵ ARTICLE 51 §5102(d)

⁶ New York Consolidated Laws CVP – Civil Practice Law & Rules Article 14-A – (1411 – 1413)

Pain and Symptom Diary

Keeping a daily journal in which the injury victim records their experiences of pain, weakness, or limitations in performing tasks is an invaluable tool for documenting every instance of suffering. Waiting to report such events to healthcare providers at the next scheduled appointment or relaying them to counsel is rarely as compelling or complete as a day-to-day record.

Writing down the feeling, frequency, and intensity of each symptom as it occurs provides plaintiff’s lawyers with powerful details that can persuade insurance companies and their lawyers to settle before a jury hears this emotionally impactful evidence. High-value car accident settlements are often fueled by the real-life, day-to-day experiences of injured victims who are living with the damage caused by the defendant’s insured.

Rely on an Experienced High-Value Car Accident Law Firm

Car accident injury victims often turn to attorneys they have worked with before on previous personal injury claims, divorces, real estate transactions, or estate planning. However, achieving high-value car accident settlements requires expertise and resources beyond those of most civil law practices.

Defendants and insurers with significant financial resources go to great lengths to avoid paying large settlements to injury victims. Combatting these efforts often means that the victim’s lawyers must incur significant expenses, including tens of thousands of dollars for expert witnesses, multiple depositions, advanced e-discovery technology, and travel. Preparing these high-value cases for settlement or litigation can require hundreds of hours of research and preparation.

Unless a New York injury attorney has the time, funding, and resources necessary to maximize a severely injured client’s car accident claim, they should refer the case to or associate with a more experienced New York personal injury law firm with a strong track record of winning high-value settlements. Dansker & Aspromonte Associates, LLP often accepts referrals from other attorneys who want their clients to receive the highest possible compensation.

Frequently Asked Questions

Question: How long does it take to settle a high-value car accident claim in NY?

Answer: Maximizing a claim’s value takes time, as it requires accurately assessing the permanence and extent of a client’s disability. However, resolving the case as soon as its full value can be realized is a top priority.

Question: Do I have to pay tax on a high-value car accident settlement in NY?

Answer: No. Compensation paid for personal injury or damages is not considered taxable income, as it is intended to compensate for what you lost. Experienced lawyers often structure settlement agreements so that compensation for lost wages is not separated from other damages.

Question: How long after an accident should you contact an experienced NY law firm?

Answer: Immediately. Skilled personal injury attorneys will act promptly to ensure that critical physical evidence is documented and preserved.

Question: Should I go to the doctor before contacting a lawyer?

Answer: Yes. Always prioritize appropriate medical care. Contact an experienced car accident attorney as soon as possible after attending to your immediate healthcare needs. Documenting your injuries promptly will provide crucial evidence for settlement negotiations.

Important Keys to Remember

Maximizing high-value car accident settlements in New York requires the skillful execution of legal strategies that are proven to secure the highest possible compensation for injured victims. Prompt and thorough investigation of the accident scene is essential to preserve perishable physical evidence. Identifying witnesses and recording their statements while events are fresh in their memory strengthens their credibility.

Lawyers must also educate clients and their families about the process involved in preparing a high-value case for settlement. This includes explaining the role of insurance policies, the importance of understanding both the immediate and long-term impacts of the injury on the victim’s future, and the various factors that influence settlement negotiations. Well-informed expectations are crucial for a grounded and realistic approach to the case.

Finally, accident victims and NY personal injury attorneys should remember that high-value car accident settlements are often obtained only when the client’s lawyers have the necessary financial resources, hands-on experience, and an adequate team to contend with the brigade of insurance company lawyers working to deny the victim fair compensation.

Dansker & Aspromonte Associates, LLP has recovered over half a billion dollars for our personal injury clients, including numerous multi-million-dollar settlements and judgments for car accident victims.