How Do I Maximize Compensation in My Pedestrian Car Accident Claim in New York?

If you plan on filing a pedestrian accident claim in New York, you can maximize your compensation by documenting your losses as thoroughly as possible and seeking necessary medical and legal assistance right away.

Our New York pedestrian accident lawyers have been pursuing damages on behalf of injury victims since 1992. The sooner you let our legal team file your pedestrian accident claim, the easier it may be for us to secure the compensation you are entitled to.

Tip #1: Get Proper Medical Care Immediately

Maximize your pedestrian accident settlement amount by having a doctor document all injuries caused by the accident. If you were hurt, seek medical care and have a doctor initiate an official medical review of your injuries. If you need to go to a hospital after your pedestrian car accident, you can do so by calling 911 and going directly from the accident scene to the hospital, or by making an appointment with your regular provider right away.

It is always important to seek medical treatment, but it is especially vital for both your health and your legal rights if you suspect you suffered a:

• Concussion
• Broken bone
• Brain injury
• Spinal cord injury

These injuries may cause permanent or life-threatening damage if not treated promptly.

Tip #2: Document All Your Medical Treatment

Your treating physician will create a medical record and can even provide an official statement about the nature and severity of your injuries.

You can also document your injuries on your own by saving:

• Medical bills
• Prescriptions
• Communications from your doctor’s office
• Take photos of bruising
• Receipts for medical equipment

Our pedestrian accident lawyers use these materials to prove how serious your injuries are, how they happened, and what kinds of damages you should pursue. We also use them to counter any accusations the insurance company makes (for example, that you are exaggerating your injuries or that certain treatments were unnecessary).

Tip #3: Gather Evidence at the Accident Scene

Remember: your health comes first. If you are severely injured and unable to safely move on your own, get emergency care immediately.

If you are comfortable moving around the accident scene while waiting for the authorities to arrive, you can improve your chances of winning your case and maximizing compensation for a New York pedestrian accident claim by:

• Taking photos or video of the entire accident scene, including the vehicle that hit you, your injuries, and any hazards (for example, potholes or broken signs)
• Getting the driver’s name, contact information, and insurance information
• Getting contact information from eyewitnesses who might be able to testify later

If you are unable to do so, ask for assistance from a witness, if possible.

Tip #4: Build Your Team of Pedestrian Injury Attorneys

Our experienced car accident lawyers have handled thousands of personal injury cases, including pedestrian accident claims and lawsuits. We are experienced and extremely well versed in the legal process, so we are able to navigate this process far more easily than an injury victim who is dealing with painful injuries and emotional trauma. Please see our record of settlements and verdicts with personal injury cases, and you will know that our team is the right legal team for you.

By hiring our New York injury law firm, you can focus on your physical recovery while we handle your legal case. We will also provide progress updates and warn you about common mistakes that you should avoid.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

Free Consultation

Tip #5: Never Accept the First Insurance Offer

In many cases, insurance adjusters act very fast — even visiting accident victims or calling them on the phone — to try to resolve your case. This might seem like a good thing, but the adjuster’s goal is to save the insurer money, not to pay victims the best settlement.

For this reason, the first insurance offer you receive will probably be too low. If you accept this offer, you risk:

• Settling your case for a number that does not reflect fair compensation
• Settling your case prematurely before all medical conditions and injuries have developed

If you want to maximize your settlement, let our attorneys evaluate every offer you receive and negotiate for a just amount. We can add a lot of value to your case.

Tip #6: Be Careful What You Say to Insurance Companies

Insurance adjusters look for every opportunity to reduce your payout.

Protect your rights in the following ways:

• Do not speak directly to the insurer’s representatives: Let Oresky & Associates, PLLC, handle all communication.
• Do not agree to record a statement about your accident without your attorney: Unfairly worded questions can place your case in a bad position.
• Do not admit fault: You may not be fully aware of all facts and circumstances. Allow your experienced attorney to evaluate your case and assist you in determining who was at fault.

Tip #7: Track Every Type of Loss

Do not throw out anything related to your personal injury claim. You can track your non-economic damages by writing down your experiences, taking photos of visible injuries, and giving us the names of friends, family members, and acquaintances who know about the accident’s impact on your life.

Non-economic damages include:

• Past and future pain and suffering
• Disabilities
• Scarring
• Loss of consortium

You also want to track your economic damages by saving bills, receipts, estimates, and tax filings.

Aside from medical costs, economic damages include:

• Property damage
• Lost wages
• Loss of earning capacity
• Loss of union benefits and other job benefits
• Out-of-pocket expenses

Tip #8: Know When to Settle vs. When to Fight

Most personal injury claims end in settlements.

However, there are cases where negotiations stall at a certain settlement amount, at which point our client has to decide:

• If they are satisfied with that amount and willing to sign a settlement agreement.
• If they want to take their case to trial in the hopes of persuading the insurance company to offer more money or receiving a higher amount from a jury award.

We educate our clients about each option so they can make an informed decision about their case’s future. If they decide to go to trial, we represent them in the courtroom.

Pursue Just Compensation for Your New York Accident

Oresky & Associates, PLLC, has helped many injury victims maximize their compensation for pedestrian accident claims in New York. Over the course of our careers, we have recovered a total of over $500 million in settlements and verdicts for our clients.

You deserve justice. Contact us at (718) 993-9999 for a free consultation today. Our pedestrian accident lawyers advocate for all New Yorkers, regardless of their immigration status or the complexity of their situation.