What If I Disagree With The Compensation Amount Offered In A Personal Injury Claim In New York?

If you have been injured in an accident caused by someone else’s negligence, you may be entitled to compensation for your damages. In New York, you have the right to pursue a personal injury claim against the responsible party to recover damages such as medical expenses, lost wages, and pain and suffering.

When you file a personal injury claim, the insurance company for the responsible party will investigate the accident and make a determination about liability. If they accept liability, they will then make an initial offer of compensation to settle your claim. But what if the amount offered is not enough? What are your options?

Understanding Personal Injury Claims

To understand what your options are if you disagree with the compensation amount offered in a personal injury claim, it’s essential to first understand the claims process.

When you file a personal injury claim, you will need to prove that the responsible party was negligent and that their negligence caused your injuries. This can be done by gathering evidence such as police reports, eyewitness accounts, medical records, and expert testimony.

Once liability has been established, your attorney will typically send a demand letter to the insurance company outlining your damages and requesting compensation. They will then negotiate with the insurance company to reach a settlement that adequately compensates you for your damages.

Understanding Compensation

Compensation in a personal injury claim can include economic and non-economic damages. Economic damages are those that have a specific dollar value, such as medical expenses, lost wages, and property damage. Non-economic damages are less quantifiable but can include pain and suffering, emotional distress, and loss of enjoyment of life.

When the insurance company makes an initial offer of compensation, they will take into account your economic damages as well as their assessment of your non-economic damages. However, their offer may not fully reflect the extent of your damages.

Options If You Disagree With The Offer

If you disagree with the compensation amount offered in a personal injury claim, you have several options.


The first option is to counteroffer. If you believe that the initial offer is too low, you can negotiate with the insurance company to reach a higher settlement. Your attorney will likely provide a counteroffer letter outlining the additional compensation you are seeking and the reasons for the increase.


If negotiations with the insurance company are not successful, you may want to consider mediation. Mediation is a process in which a neutral third party tries to facilitate a settlement between you and the insurance company. It is less formal than going to court, and the mediator’s decision is not binding. However, mediation can be a helpful tool to resolve disputes and reach a fair settlement.


If all other options fail to result in an acceptable settlement, you can file a lawsuit. A personal injury lawsuit can be a complex and time-consuming process, but it may be necessary to get the compensation you deserve. Your attorney will file a complaint with the court outlining your injuries and the damages you are seeking. The insurance company will have an opportunity to respond, and the case will then proceed to trial.

Final Thoughts

Disagreeing with the compensation amount offered in a personal injury claim can be frustrating, but it’s important to remember that you have options. Whether you negotiate, mediate, or litigate, it’s essential to work with experienced legal counsel who can help you navigate the claims process and fight for the compensation you deserve.

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