What to Do Following an Accident
Experiencing an accident can be a deeply distressing and disorientating experience. The shock, pain, and confusion in the immediate aftermath can leave you feeling overwhelmed, and unsure of what to do next. Fortunately, you do have options to pursue the compensation you deserve.
Steps to Take After an Accident
After an accident, it's crucial to act promptly and correctly to protect your rights. Here is a step-by-step guide to help you navigate this process:
Gather Relevant Information: Document the date, time, and location of the accident. This information will be crucial for any potential legal proceedings.
Photograph the Scene: Take photos or videos of the accident site and any visible injuries. This evidence can greatly support your case.
Seek Medical Attention: Regardless of the perceived severity of your injuries, seek immediate medical attention. This ensures your well-being and provides medical documentation for your case.
Report the Accident: Notify the appropriate authorities, such as the police and your insurance company, about the accident.
Collect Witness Information: If there are any witnesses, collect their contact information. They might provide valuable testimony to support your claim.
Keep Records: Document all medical expenses, lost wages, and other financial losses related to the accident. This will be vital when calculating your claim's value.
Consult with a Personal Injury Lawyer: Reach out to us at MJP Injury Law to understand your rights and explore your options for seeking compensation.
No-Fault Insurance Rules for Car Accident Cases
In New York, if you're injured in a car accident, you typically turn to your own car insurance policy first (no-fault insurance) to get compensation for medical bills and certain other economic losses, regardless of who caused the crash. You can only step outside of the no-fault system and file a liability claim or personal injury lawsuit against the at-fault driver if your claim meets the "serious injury" threshold in New York.
Dealing With Insurance Companies
Negotiating with insurance companies can be a daunting task. These entities are often more interested in protecting their bottom line than ensuring you receive fair compensation. Our attorney has extensive experience in these negotiations and will fight tirelessly on your behalf, handling all communication with the insurance company and carefully reviewing any settlement offers.
Statute of Limitations for Personal Injury Lawsuits
In New York, you typically have three years from the date of the accident to file a lawsuit against the party you believe caused your injuries. If you fail to file within this three-year window, the New York court system will likely refuse to hear your case, and your right to compensation will be lost.
Certain situations could alter or extend this deadline, such as when the injured person is under 18 or considered to be of "unsound mind" at the time of the accident, or if the person who allegedly caused the injury leaves the state of New York for a certain period after the accident.
Filing a Personal Injury Lawsuit in New York
When filing a personal injury lawsuit in New York, you need to submit a "complaint" identifying your claims against the defendant and a "summons" that notifies the defendant of the lawsuit. The appropriate court for your lawsuit depends on the amount of damages you are seeking.
For instance, if you live in New York City and are asking for less than $25,000 in total personal injury damages, the Civil Court of the City of New York is the right court for your lawsuit.
Pure Comparative Negligence Rule
New York follows a "pure comparative negligence" rule in shared-fault injury cases. This means that the amount of compensation you're entitled to receive will be reduced by an amount equal to your percentage of fault for the accident. However, while courts in New York are obligated to follow this rule in a trial, it may be different when dealing with an insurance adjuster outside the court system. Negotiations can determine the impact of the comparative negligence rule on your claim.
Build a Strong Case
Our commitment to our clients extends to building robust cases that stand up to scrutiny. We'll leave no stone unturned in our pursuit of justice and fair compensation, thoroughly investigating the accident, interviewing witnesses, and consulting with experts to build a compelling case on your behalf.
In the wake of an accident, it's normal to feel overwhelmed and unsure of what to do next. At MJP Injury Law, we're here to provide the guidance, support, and legal knowledge you need during this difficult time.
Our team is ready to fight for your rights, working diligently to secure the compensation you deserve. With our vast experience and deep understanding of local laws, we're well-equipped to handle your personal injury claim. Reach out to us today and let us help you navigate the path to recovery.