7 Mistakes That Could Ruin Your New York Personal Injury Case

If someone else’s negligence caused your accident, you have the right to pursue financial compensation. However, you must file your claim or lawsuit in accordance with the law and established procedures. Failure to do so could negatively affect your case.

Our NYC personal injury lawyers have a thorough understanding of federal, state, and local laws. We would be glad to help you avoid the seven mistakes that could ruin your New York personal injury case.

Mistake #1: Delaying Medical Treatment After Your Accident

The most critical mistake to avoid in a personal injury claim is delaying your medical care. Any gap in treatment could:

• Allow your injuries to worsen.
• Make it more difficult to treat your injuries later.
• Allow the insurer to say your injuries are not that severe or that the accident was not the cause of your injuries.

Protect your rights by seeking treatment immediately after your accident. This could mean:

• Going to the emergency room, especially if you suffered a catastrophic injury like a brain injury or a spinal cord injury.
• Scheduling an appointment at urgent care or with your primary care provider.
• Continuing care for as long as your doctor says it is necessary.

Often, the cost of medical care will be covered by different types of insurance depending on the nature of the accident. Additionally, the economic damages you recover through a claim may also cover past, present, and future treatment expenses.

Mistake #2: Giving Recorded Statements to Insurance Companies Without Legal Representation

An insurance adjuster might respond very quickly to your accident, even coming to visit you at the hospital to ask for a recorded statement. Do not agree to this or any other request until you have a chance to speak with our personal injury attorneys. The insurance company may use your recorded statement to:

• Blame you for the accident
• Argue that the at-fault party was not negligent
• Claim you are exaggerating your injuries
• Contradict you at a later date

The issue of liability will not affect your no-fault insurance claim, as this policy pays certain damages regardless of who caused a car accident. However, in cases where no-fault insurance does not apply (e.g., a slip and fall accident) or where you want to retain the right to file a personal injury case, liability is a critical point. Until you get legal guidance, say as little as possible to the insurer.

Mistake #3: Accepting an Early Settlement Offer Without Understanding Your Full Damages

The insurance company might offer a settlement right away, but do not be fooled: while it can be tempting to get compensation so quickly after your accident, it is very unlikely that the amount they initially offer will cover all of your damages. Early settlements are generally inadequate because:

• They are designed to get you to settle fast, not to compensate you for your losses.
• They do not account for possible future losses, such as future medical bills or chronic pain.
• You have not yet had a chance to figure out the full extent of your injuries.

To ensure you get all of the money you are entitled to:

• Work with our New York law firm. We will help you understand personal injury settlement myths versus facts, discuss the settlement timeline in NY so you know what to expect, and negotiate with the insurer for a settlement that meets your needs, past and future.
• Wait until your doctor says you have reached maximum medical improvement (MMI). Once you have made the fullest possible recovery, the full scope of your injuries and, therefore, the true value of your case is generally clearer.

Mistake #4: Oversharing on Social Media During Your Claim

If you are active on social media, refrain from sharing accident details on any site for any reason. The insurance company will likely monitor your social media activity in search of material they can use to undermine your claim, such as:

• Photos of you enjoying recreational activities, which they can use to claim you were not badly injured.
• Any detail that does not perfectly match the statements you have already given them, which they can use to say that you were untruthful during your testimony.
• Remarks that imply you were not paying attention to where you were going or what you were doing, which they can use to blame you for the accident.

Consult our legal team before making any social media posts. If you feel tempted to share your experience online, consider locking your accounts until your case is over.

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Mistake #5: Missing New York's Strict Filing Deadlines

The deadline in your case depends on the specifics of your accident. For example, after a car crash, NY accident claim deadlines could include:

• The deadline set by your no-fault insurance company to notify the insurer and file a claim.
• The three-year statute of limitations that governs most personal injury lawsuits.
• The one year and 90 day deadline that governs personal injury suits filed against a municipality.

If you were injured at work, you will likely file a workers’ compensation claim before beginning a personal injury case. In this situation, you must abide by the 30-day deadline for notifying your employer and filing a claim.

Missing a deadline is a mistake that cannot easily be corrected: if you file too late, your personal injury case may be dismissed. This would prevent you from recovering financial compensation and holding the at-fault party accountable for their negligence.

It is in your best interest to get legal advice right away so that we have enough time to identify the deadline that applies in your case and file the necessary paperwork.

Mistake #6: Failing to Document Your Injuries and Accident Properly

Before filing a personal injury case, you will need evidence to prove:

• The at-fault party’s negligence of statutory obligation caused your injuries.
• The severity of your injuries and how they have had a negative impact on your life.

Essential evidence may differ from case to case. Common forms of evidence include:

• Medical records
• Photos of your injuries and the accident scene
• Accident reports
• Bills and receipts
• Communications with your doctor, your employer, or the owner of the property where an accident occurred
• Witness statements
• Business records
• The official police report

Start documenting your injuries as soon as possible after the accident. Take photos before you leave the scene. Write down witness names and phone numbers and, if applicable, the at-fault driver’s insurance information. Do not throw out any materials related to the crash.

Mistake #7: Handling a Serious Injury Claim Without Professional Legal Help

Personal injury claims and lawsuits are often complex. Even cases that seem straightforward at first may be complicated by uncooperative insurers or information that comes to light at a future date. Do not try to navigate New York’s legal system alone when hiring a personal injury attorney would:

• Relieve you of the burden of representing yourself in interactions with the insurance company or in the courtroom.
• Give you access to a legal team that fully understands how the law applies to your case.
• Prevent the insurer from being able to take advantage of you.
• Allow you to focus on your recovery instead of spending so much of your time attending to legal matters.

Our law firm has recovered just compensation for many clients over the past 30 years. Our case results include:

• $4.6 million verdict for the victim of a multi-car crash
• $2.8 million settlement for multiple bus accident victims
• 2.5 million settlement for a pedestrian struck by a construction barrier

While we cannot guarantee a particular result in your case, we always provide meticulous, compassionate, and honest representation to our clients, regardless of their legal status.

Protect Your Rights: Get Professional Help with Your New York Injury Claim

Whether you suffered a chest injury, back injury, nerve damage, or another kind of injury due to someone else’s negligence, you are entitled to financial compensation. Avoid the seven mistakes that could ruin your New York personal injury case by calling Oresky & Associates, PLLC, at (718) 993-9999 for a free consultation today. We will assist you in English or Spanish, so there is no language barrier when you contact us.