What factors affect the amount of compensation I can get? 5 Answers as of February 20, 2012

I recently got hit by a car because the driver made an illegal U-turn and got terribly injured. After five weeks in the hospital and four surgeries, I am finally home and working on walking again. I am suing the man who hit me and I keep hearing different things. Some people are telling me that if the man's insurance policy is not the best I will not be properly compensated, is this true? What determines how much I will receive ?

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Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Usually you don' get more than the policy because it's not worth the effort to try and collect on a judgment. But, you don't have to settle for just that if you don't want to.
Answer Applies to: New York
Replied: 2/20/2012
Bruce Plesser | Bruce Plesser
Most lawyers will not take a case unless there is insurance coverage on the other side. Usually it is not realistic economically to sue the tort feasor if there is only limited coverage. A judgment for a lot of money is useless if the tort feasor has no assets or limited asets.
Answer Applies to: Florida
Replied: 2/17/2012
James Morris Law
James Morris Law | James Morris Law
There are several factors that determine the value of the case. The two most important factors are liability and injury. The value of a case increases with the clarity of the defendant's negligence. The value of the case also increases as the severity of the injury increase. However, there are several other factors that can play a role. Unfortunately, a limited insurance policy is a factor that can have an impact on the amount a person can recover. However, I tell all of my clients the same thing, "The value of your case is what you decide it is but if you go to trial then the value of your case is whatever a jury decides it is."
Answer Applies to: New York
Replied: 2/17/2012
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Assessment of an appropriate settlement requires detailed analysis of liability and damages, including application of legal principles, evidenciary factors, medical documentation and experience in your jurisdiction as to likely range of prospective jury awards. In New York, the minimum liability policy is $25,000 and, sad to say, there are times in which that is not enough to compensate an accident victim, but that is all that can be had. You should look into whether you have Supplemental Underinsured Motorist Coverage, which might go above the driver's policy.
Answer Applies to: New York
Replied: 2/17/2012
The Law Office of Stephen R. Chesley, LLC
The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
It appears that you were seriously injured in the accident and you should be compensated accordingly. The variables that are used to determine what that compensation is are: injury itself, the medical treatment your received and continue to receive, the amount of the medical bills, the lost time now and in the future and how you heal, will you be left with any permanent limitations. How the accident occurred is also factored in, was he totally at fault; were you partially at fault, etc. Unfortunately, a lot of time the owner of the car does not carry sufficient insurance coverage to compensate one for the injuries sustained. In New York State the minimum policy is $25,000. If this is the case, you could sue the person personally but many times this is fruitless because one usually insures themselves to protect their assets and if one does not have any assets there is nothing to protect.
Answer Applies to: New York
Replied: 2/17/2012
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