First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else’s fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit — some personal injury claims can be based on a variety of nonphysical losses and harms. In the case of an assault, for example, you do not need to show that a person’s action caused you actual physical harm, but only that you expected some harm to come to you. Similarly, you also may have a case if someone has caused injury to your reputation, invaded your privacy or intentionally inflicted emotional distress upon you.
Every state has certain time limits, called “statutes of limitations,” which govern the amount of time you have to file a personal injury lawsuit. If you miss the deadline for filing your case, you may lose your legal right damages for your injury. Consequently, it is important to contact a lawyer as soon as you suffer or discover an injury.
After a car accident, there are four contacts you should make:
First, call the police. Provide the information needed for them to complete an accident report.
Second, see a doctor. Make sure your injuries are properly evaluated and treated. Retain all medical documentation.
Third, contact your insurance company to report your accident.
Stick to the facts when discussing the accident with your insurance company or the other party’s insurance company. Limit statements to “I was involved in an accident on [date] at [time] in [location]. Here is my contact information.” Words can easily be twisted, and may later be seen as an admission of guilt. Be careful not to say anything about how you did not see the car or how you are sorry about the accident.
Talk to your own attorney before you agree to give a recorded or signed statement.
Anytime you are in an accident you should see a doctor. You may believe that you are not injured, but internal injuries are not always apparent and sometimes it may take a few days for symptoms to appear. Getting checked out right away will allow you to receive the care you need and establish your personal injury claim if you end up in a fight with the insurance company.
You generally have two years from the time you are injured or a loved one dies to file a personal injury claim. But, because the law varies, it is important to contact a New York injury lawyer as soon as possible. The earlier you bring a claim, the earlier you’ll receive compensation for your damages.
To determine if you have a personal injury case, you will have to show that you were injured, the injury was caused by someone else’s negligence and there is insurance coverage or other assets available to compensate you for your injuries.
New York is a comparative negligence state which means that even if you were partially at fault for the car accident, you may still be able to recover damages for a portion of your injuries.
Insurance companies deal with personal injury claims every day. They know how to twist your words, and how to make a low settlement amount appear reasonable. To level the playing field when dealing with sophisticated adversaries, it is important to talk to personal injury attorney.
Many people try to handle their claims without an attorney, but find they end up with less compensation than they could have received if they had the help of a lawyer.
Trolman, Glaser & Lichtman, P.C. takes cases on a contingency fee basis, which means that we get paid when we settle or win your case. It also means that we will advance the costs of your case, so your upfront costs are minimal, if any.