Bus Accident Case Value
Were you injured in a crash with a bus? Watch this video about bus accident case value, then call for a free consultation.
When we determine the value of a claim on a bus accident, we look at a number of different factors. The initial factor with the bus claim is whether we can show that the bus company is at fault for the injuries that you sustained. One thing that is very important in that analysis, and different from any other accident claims in New York State, is that the bus company has different requirements that are applicable to them.
In New York State, when we’re at trial, we have a Pattern Jury Instruction, and that Pattern Jury Instruction gives the jury instruction with respect to each type of case. In a negligence case, we need to show that the individual who is responsible for your injuries was at fault by 51%. In a bus accident case, the legislature in New York State has established rules which give heightened responsibilities to individuals on the bus. In other words, a bus driver can act negligently and still not be held responsible legally because the jury instructions give them leeway.
The first thing that we look at is whether or not we’re going to be able to prove that the bus company and the bus driver was negligent with these enhanced jury instructions. We take that into consideration, we make an analysis of what the likelihood of it being victorious at trial are, and then we look at your injuries. The injuries are determined based on what your current injuries are – what you’re feeling, how you’re doing at the time that we’re looking at settling – and then we ask our doctors to provide us with an idea of your future prognosis. Once we take all those things into play, we also look to see if you have any lost wages or components of future medical benefits that are going to be required. All those things come into a determination as to what we believe the value of the case is. If they don’t come to that number, we go to trial.
The Personal Injury Lawyers at Andrews, Bernstein, Maranto & Nicotra, PLLC fight for the rights of persons who are injured or disabled. We approach each case on an individual basis and personally assist each client with their unique needs. We are involved in every step of the legal process, and ensure that each case receives the time and effort necessary for success.