Accidents involving motor vehicles cause around three million injuries every year in the United States. More than one million people visit the emergency room after a slip and fall accident in the US. When such accidents are a result of the negligence of another individual, the victim has the right to get compensation from the party at fault.
Accidents involving motor vehicles cause around three million injuries every year in the United States. More than one million people visit the emergency room after a slip and fall accident in the US. When such accidents are a result of the negligence of another individual, the victim has the right to get compensation from the party at fault.
If the accident is minor, and liability is easily determined, it is quite possible that you may be able to handle the claim process on your own. However, in the more complex cases involving bodily injuries, it is best to engage a personal injury lawyer in New York who can handle your claim to ensure that you get the damages you deserve. Read on to know more about how to decide if you need a personal injury lawyer in New York City.
When to Handle a Personal Injury Claim on Your Own in New York City?
Immediately after an accident, your priority will be getting medical attention. Once you have been examined by a doctor and begin the process of treatment, it is time to decide the legal options available to you to obtain compensation.
If your injury is a minor one, and it is very clear that the other party was at fault for the damage you suffered, you don’t really need a personal injury attorney. Ask yourself these important questions if you want to get a clear picture of whether you can handle the personal injury claim yourself:
- Has the insurance company communicated its acceptance of the liability of the person at fault for the accident?
- Is your injury a minor one, and have you fully recovered from it with the treatment your doctor provided?
- Do you have a doctor’s note that spells out your need to miss work in order to get rest after your injury?
- Will your employer provide you with proof of wages you lost due to your injury?
- Do you know the exact worth of your claim?
- Have you kept all medical bills and receipts of the amount you spent on out-of-pocket expenses?
- Are you good at negotiating and sure that you will be able to get the best possible compensation?
If you answered an unambiguous “yes” to all these questions, you may not need a personal injury lawyer and you can go ahead and manage the claims process on your own.
What Do You Need to Know to Handle Your Own Claim After an NYC Accident?
Firstly, you need to understand the meaning of a minor injury and what qualifies as a serious injury. Bruises, bumps, muscle sprains, minor cuts and abrasions, and tendon strains all are soft tissue injuries that heal quite soon.
These are superficial injuries and since your expenditure on the treatment too will not be significant, it might be reasonable to settle these cases on your own. When you hire a personal injury attorney in New York, you will have to share the payout you receive with them, and if the payout itself is a modest sum, it probably doesn’t make financial sense to hire an attorney.
Secondly, make sure that your doctor has certified your complete recovery. Nagging pain in the neck that persists long after your accident or a headache that refuses to completely go away could be an indication of an undetected, more serious injury.
Insurance adjusters often reach out quickly to accident victims to settle the compensation, and if you accept it because you “feel” you have recovered, you may regret your decision when later investigation shows that your injuries are more serious than was apparent initially.
Third, get the insurance company to accept the liability of the party at fault for your accident, in writing. This is to make sure that they will not later turn around and seek to reduce the compensation given to you claiming that you were partly responsible for the accident.
Insurance companies are known to resort to such tactics because their ultimate aim is to minimize the amount they pay in a settlement and they have years of experience doing this while for you, the entire process is new territory.
Although to you it is very clear that the other guy is totally at fault for your New York crash, you have no idea of what they have conveyed to their insurance company. Once an insurance provider has accepted that their client is 100 percent liable for the accident, it becomes easier for you to recover the amount you deserve through a simple negotiation process.
How Does a Personal Injury Negotiation Proceed?
If you decide to handle your personal injury claim yourself, you need to be familiar with how the negotiation process works. Here is a step-wise account of what you need to do:
- First, you need to calculate what is a fair settlement amount. To do this, you need to take into account the medical expenses you incurred, the wages you lost, your out-of-pocket expenses, and any other expenses that resulted from your injuries.
- Figure out how much to claim for pain and suffering – this must generally be one or two times the amount you arrive at for the economic damages.
- Write a demand letter to the insurance company, with copies of bills, witness statements, and medical records.
- Check the reply from the insurance adjuster for the counteroffer they make. This is likely to be far lesser than what you actually deserve.
- Negotiate with the insurance company until you arrive at a figure that is reasonable compensation.
When Do You Need a Personal Injury Lawyer in New York?
If your injuries are severe, you must consider hiring a personal injury lawyer. This is especially true if you have suffered from a traumatic brain injury or a spinal cord injury that is likely to cause long-lasting damage to the way your body can function. Such injuries often involve high-dollar claims and your inexperience with the legal process should not jeopardize your ability to recover the compensation that is your rightful due.
If your accident was one that involved multiple parties, or if the negligence of a government agency was responsible for your accident, it is vital that you hire an experienced personal injury attorney in New York.
Check your answers to the following questions to understand whether you need a personal injury lawyer in NYC to handle your case:
- Is your injury so severe that it has caused permanent damage or disability?
- Do you have any pre-existing medical condition that has been worsened due to the injuries sustained in the accident?
- Did your accident involve multiple parties?
- Were there many people injured in your accident?
- Are you being blamed for causing the crash?
- Are you claiming medical malpractice?
- Have you been injured in an accident involving a defective product?
- Was it a minor child who was injured in the accident?
All these conditions described by the questions can get quite complicated and involve a long-drawn process to result in compensation that does justice to you. If you answer “yes” to even one of these questions, the wisest thing to do is to get a seasoned personal injury attorney in NYC on your side.
What Do You Need to File a Personal Injury Claim in New York?
In order to proceed with a personal injury claim, you will need:
- Medical records of your injuries and the treatment and surgeries you had to undergo
- Doctor’s certificates of the extent of your injuries, and projected future surgeries or complex treatment protocols that are necessary to regain your health
- Photos and videos of the accident scene and conditions around it
- Record of lost wages issued by your employer to show the financial setback you suffered by missing work due to your injury
Injured in New York City? Contact Us for Legal Advice Today
The New York personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have helped thousands of plaintiffs over the years recover millions of dollars in compensation for serious injuries. Whether it is a New York car accident, a slip-and-fall accident, product liability, or medical malpractice claim, we have the expertise, experience, and skills to ensure that you win the maximum possible compensation.
If you or a loved one has been injured due to the fault of another party, we invite you to contact our attorneys 24/7 for a free legal consultation and advice on how to handle your case.
The statute of limitations in New York specifies that you have just three years from the date of your car accident to file a personal injury claim. While this may seem long enough, remember that evidence can get damaged and memories fade over time. When you engage our personal injury lawyers, we will go to work for you to make sure that evidence is preserved and that all necessary factors are in place to build you a strong case.
Call our highly rated personal injury law firm in New York City at 212-344-1000 for a case review with a knowledgeable, caring lawyer. Or, simply fill out the form on this page and our lawyers will get back to you as soon as possible.
