What Steps Should I Take If I Have Been Injured Due To Someone Else’s Negligence?
If you have been injured, your first priority is to make sure you are safe and out of harm’s way. That includes getting immediate medical treatment, especially if your injuries are severe. You should seek urgent medical care regardless of how severe you believe your injuries to be. Many injuries, especially injuries caused by accidents, are not immediately obvious, or may initially seem far less severe than they are. Don’t wait to get care. Whether you go to the ER by ambulance or have someone drive you there (or to an urgent care, or to your doctor), make sure you are medically treated as soon as possible.
After attending to your physical wellbeing, your next priority is to retain an attorney. We advise our clients to call us as soon as it is safely possible to do so. Apart from doctors and police officers, do not speak to anyone regarding the accident until you have attorney representation.
If I Was Partially At Fault For An Accident In New York, Can I Still Get A Personal Injury Settlement?
In the State of New York, personal injury cases are ruled in terms of comparative negligence. This means that you can recover at least some damages even if you were partially at fault for the accident.
I Wasn’t Wearing A Seatbelt At The Time Of The Accident. Will That Impact My Personal Injury Case?
It might, depending on the circumstances.
If not wearing a seatbelt resulted in the injuries you sustained during the accident, that may impact your personal injury case and your ability to recover damages.
What Is The Time Limit Or Statute Of Limitations For Filing A Personal Injury Case In New York?
Technically, the statute of limitations for personal injury cases in New York is three years.
However, it is strongly advised that you do not wait that long to file a personal injury case. The more time passes, the more memories fade, and the harder it may become to track down witnesses, documents, and pieces of evidence. As soon as you retain an attorney, you can start building your case and securing crucial pieces of evidence and information before is has a chance to disappear.
What Are Some Defenses That Insurance Companies Use To Avoid Paying Out On Claims?
One of the most common defenses used by insurance companies is alleging that the claimant wasn’t actually insured when the injury occurred. They may try to claim that they cancelled or didn’t stay current on payments for their policy, or that the policy had otherwise lapsed.
Another common defense used in these cases is pre-existing injury. Insurance companies often allege that claimants were injured before the incident in question and that any resulting pain or medical problems have to do with that previous injury, not the incident itself. In addition, insurance companies often question the severity of the injuries/medical complications claimants have endured.
How Important Is Seeking Medical Treatment In A Personal Injury Case?
In a personal injury case, seeking medical treatment is absolutely essential. This is both the right thing to do for your health and the right thing to do for your case, since the more documentation you have of medical treatment, the better. In addition to initially seeking medical care, it is also important that you follow all medical advice and treatment regiments, including follow up appointments.
If your doctor tells you that you shouldn’t be doing something, do not do it. If the doctor says no strenuous activity, don’t go out dancing the next day, especially in public. If your chiropractor says you need to stop playing golf until your injury heals, take a break from golf. Once again, this is important for your physical health and recovery and for your case. Insurance companies can use any lapse in treatment or non-compliance with medical advice as evidence that an injury isn’t actually as bad as the claimant says it is.
What Are Some Things That People Should Avoid Doing During A Pending Personal Injury Case?
Our number one rule of advice for people going through a personal injury case is No Social Media. Our second rule is don’t play golf, or do any other public physical activity that may be misconstrued. Act as if you are being watched at all times.
Do I Have Any Chance Of A Financial Recovery In An Auto Wreck Claim If The At-Fault Party Has Little To No Insurance?
Getting into an auto accident caused by someone with little to no insurance can be extremely stressful, as there is sometimes little to no financial remuneration available.
However, you may be able to obtain some financial recovery, depending on your insurance policy. Drivers can purchase supplemental insurance coverage that is specifically intended to cover the costs of an accident caused by someone with little to no insurance. This type of policy is usually called “uninsured or underinsured” coverage. We absolutely recommend that all our clients—and all drivers—purchase this type of insurance.
If you did purchase supplemental uninsured or underinsured coverage before your accident, the amount of available funds varies depending on the the coverage limits and the relevant provisions of the policy. These policies can make a huge difference, even if both you and the other driver have insurance.
For example, one of our clients was injured by an at-fault driver who had a $25,000 policy. While this might have been enough to cover certain injuries, our client was severely injured, and required complicated, expensive surgeries on his neck and shoulders. His medical costs very quickly exceeded $25,000, and the insurance policy was no longer sufficient to compensate our client for his medical bills, let alone his total losses. We then found that our client had active underinsured driver coverage, which he was able to claim to compensate him for his losses. It is always a good idea to have the right amount of the right type of insurance.
For more information on Auto Accident Injury Claims In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 333-0704 today.
Call Now For A Confidential Case Evaluation