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Personal Injury


woman on the phone after being injured in a car accident in new york

A Personal Injury Overview for New York Residents

Accidents happen every day and if you have been personally injured in an accident, dealing with the repercussions can be difficult and frustrating. Personal injury cases are defined as any injury that was caused by the negligence of another party. While there is nothing you can do to guarantee you won’t fall victim to one of these accidents, there are steps that you can take after an incident to help get you on the road to recovery and to make sure that you are compensated for certain expenses that you may have incurred as a result of your accident. Injured Call Today can help.

When you sustain a personal injury, you not only have to deal with the physical repercussions but the emotional and mental trauma as well. Many people who have been injured in one of these cases also have to deal with the hardships of large medical bills, or loss of income, which can make the personal injury situation even worse.

The good news is, there are certain laws in place in New York that can help you should you sustain a personal injury following an accident. However, the entire process can be rather complex. This comprehensive guide to all things personal injury related can help you get a better understanding of how the process works and how you can best navigate this process should you find yourself in this type of situation.


Getting Medical Attention

The first thing you should do when you have been injured is yo get proper medical attention. Make sure to let your doctor know about your accident and any injuries or symptoms you are experiencing. This will become part of your permanent medical record and can help you later on with your case.

It is important that you follow your medical treatment as dictated by your doctor. Ending care early or deciding not to maximize your medical treatment may not only make your condition worse, but it can hurt your claim later on.


Do You Have a Personal Injury Case?

Before you start on your road to financial compensation, you need to determine whether or not you have a personal injury case on your hands. In order to be able to file a personal injury claim, the injuries you sustained have to be caused by the negligence of another party. You need to prove liability, and that someone else failed to act with an appropriate level of care and that the injuries you sustained were a direct result of this carelessness.

If you are able to prove someone was liable, the good news is you may receive compensatory damages that can cover past and future medical bills and lost wages. Depending on the individual case, you may also get compensation for damages related to pain and suffering.

If you believe that you can prove someone else was to blame for your injury, then you likely have a case on your hands. Your best bet is to call a personal injury lawyer for a consultation, so they can tell you whether or not it is worth pursuing.


Filing On Time: When To Submit Your Personal Injury Claim

Once you have gotten the medical attention you need for your injury, it is time to start thinking about filing your claim. There is a time limit on claims, so you want to try to file as quickly as possible. In fact, you should seek counsel as soon as you can after your injury. Waiting too long can hurt your case.

If your case involves a government entity, then you will need to file a Notice of Claim within 90 days. This means you only have 1 year and 90 days to file a lawsuit.

Traditional personal injury cases give you three years to file a lawsuit.

Medical malpractice claims are entirely different. You have two and a half years to file these claims.

If you are a driver or passenger that is injured in a car accident in New York, there is no-fault coverage in New York. This means any parties that are hurt can obtain up to $50,000 of initial coverage for medical expenses and lost wages, regardless of whether they were at fault or not. This is a different type of claim and needs to be filed within 30 days of the incident.

Either way, the sooner you file your claim, the better your case will look, and the sooner you will get your compensation, so time is of the essence.


How Personal Injury Claims Work

Depending on the claim, you may be able to settle your case out of court. However, there are many cases that require a trail. Every personal injury case is different, and not all cases are cut and dry.

In the state of New York, people who are partly to blame for injuries or accidents can still file a lawsuit. However, any damages you are awarded may be reduced by a percentage depending on how much fault you bear. You can even recover damages for emotional stress if it can be proven.

If you find yourself in this situation, it is essential that you are proactive and get the professional legal and medical advice you need right away to help you overcome this unfortunate situation.