New York Personal Injury: Info & FAQs
If you’ve been injured due to someone else’s negligence, worrying about your bills, lost wages, and other losses is natural. While returning to life before the accident is complex and every case is unique, the following sections will answer some common questions and provide important information about pursuing a personal injury case in NY.
The Steps to Take After an Injury
Immediately after an accident, it’s crucial to prioritize your health and safety. Seek medical attention, even if your injuries seem minor, as some conditions may worsen over time. Contact the police or property owner to report the incident and document everything, including taking photos of the scene, getting witness statements, and preserving evidence supporting your claim.
Consulting with an attorney early will help ensure your rights are protected and that you avoid mistakes.
More on What to Do After an Injury in NY
Your Rights in a Personal Injury Claim
As a personal injury victim, you can seek compensation from the responsible party for your damages. This includes economic losses like medical bills, lost wages, and non-economic damages like pain and suffering. You also have the right to legal representation to protect your interests.
What Evidence is Necessary in a Personal Injury Claim?
You’ll need solid evidence to strengthen your personal injury case, including medical records, police reports, photos of the accident scene, witness statements, and proof of lost wages or financial losses. Your lawyer will guide you through collecting and preserving this information to build a strong case.
More on Evidence in Personal Injury Claims
How Is Fault Determined in a Personal Injury Case?
In New York, personal injury cases must establish that the defendant was responsible for your injuries. This involves showing that they had a duty of care, breached that duty through negligence, and caused the injuries. New York follows a “pure comparative negligence” rule, meaning you can still recover damages even if you share some fault. Your compensation, however, may be reduced based on your percentage of responsibility
More on Fault & Liability in New York
What Does Negligence Mean?
Negligence refers to the failure to exercise reasonable care, resulting in harm to another person. In a personal injury case, negligence means that the responsible party did not act as a reasonable person would in similar circumstances, causing injury or damage.
More on Negligence
What Role Does Insurance Play?
The insurance company of the at-fault party will typically handle the claim. Their role is to negotiate a settlement with you. However, insurance companies often aim to minimize their payouts, so having an experienced attorney to negotiate is critical to ensuring you receive fair compensation.
More on Insurance
Will I Need to Go to Court?
Most personal injury cases are settled out of court through negotiations. However, if a fair settlement cannot be reached or your case would benefit from a personal injury lawsuit, your case may go to trial. Your lawyer will advise you on whether a court case is necessary and prepare you for trial if needed.
More on Personal Injury Lawsuits
What Damages Are Available in a Personal Injury Case?
In New York personal injury cases, victims can pursue economic & non-economic damages. Economic damages cover tangible financial losses like medical bills, lost wages, and property damage. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may sometimes be awarded to punish particularly reckless behavior.
More on the Value of Your Claim
How Long Does a NY Personal Injury Case Take?
The timeline for a personal injury case in New York varies depending on the specifics, the extent of your injuries, and whether it can be settled or needs to go to trial. Cases that settle can take a few months, while those that go to trial could take a year or more. Your attorney will help you understand what to expect.
How Does a Personal Injury Lawyer Help?
An experienced personal injury attorney helps by gathering evidence, negotiating with insurance companies, and representing you in court if necessary. They will guide you through the legal process, ensuring that all deadlines are met and you receive the compensation you deserve.
More on Hiring a Personal Injury Lawyer
What Does Personal Injury Case Cost in NY?
Most personal injury attorneys, including those at Hecht, Kleeger & Damashek, P.C., work on a contingency fee basis, meaning you don’t pay unless they win your case. This ensures that legal fees are not an upfront concern, and you can focus on your recovery.
More about HKD’s No Win, No Fee Guarantee
What Laws Apply to New York Personal Injury Cases?
Your personal injury case will be governed by several key New York laws determining how to file a claim, the damages you can pursue, and who may be held accountable. These laws cover everything from deadlines to filing a claim to rules about shared fault and protections for workers injured on the job.
Here are the laws that lay the foundation for how personal injury claims are handled in New York.
More on NY Personal Injury Laws
More Personal Injury FAQs
Mistakes to Avoid in a Personal Injury Case
In the aftermath of any serious accident, protecting your rights and avoiding common missteps that could jeopardize your claim is crucial.
First and foremost, never speak with the at-fault party’s insurance company before consulting with an attorney. Insurance companies are skilled at minimizing payouts; anything you say could be twisted to reduce the compensation you’re entitled to. Second, never delay medical attention, even if your injuries seem minor at first—immediate medical documentation is vital to the success of your claim. Settling too quickly is another major pitfall. Without a clear understanding of the long-term consequences of your injuries, you could end up with far less than you need for future medical costs, lost wages, or pain and suffering.
Finally, don’t try to navigate the legal system alone. Personal injury cases are often complex, and having a skilled lawyer in your corner is the best way to negotiate with insurance companies and secure the maximum compensation you deserve.
