maximize injury claim

New Yorkers who have been injured in any type of accident generally file a personal injury claim to recover damages from the party at fault. These types of claims require several integral documents to be filed and knowing what records will be necessary to support your claim is vital to recovering compensation. At the same time, you must also stay alert to the things that you must avoid doing so that you don’t unknowingly jeopardize your chances of winning a large compensation. Read on to know more about the “Don’ts” that you need to pay attention to after your accident in NYC.

Don’t Refuse to Consult a Doctor

The first thing you have to do after sustaining a personal injury is to see a doctor. If you have been gravely injured, someone else would have reported the accident and arranged medical care. But if your NYC accident is a minor one, you may not have any external injuries and be feeling fine. Please remember that the adrenaline rush soon after an accident may mask your ability to notice any pain. Besides, certain internal injuries may sometimes take a few hours or days to show up.

Even if you feel perfectly alright, get a doctor to examine you at the earliest. If you have declined medical advice or treatment immediately after the accident, the defense can use this against you and insinuate that the injuries you later report were caused by some other incident and not the accident. They may also use this to highlight that your injuries were probably not serious enough to require significant compensation.

When you consult the doctor, make sure you explain the events that occurred in the accident as well as the pain you are suffering. When the doctor documents this, it helps to connect your injuries and pain to the accident and the medical records will serve to authenticate your claims of injury, pain, and suffering.

Don’t Talk Too Much About the Accident

Soon after a collision, it is natural to feel shocked, upset, and agitated and in such a condition, many people tend to talk a lot. However, you must remember that what you say in those unguarded moments may come back to hurt you later. Do not indulge in thinking aloud or share any information beyond the minimum required. Exchange contact and license details with the other party in the accident. Wait for the police and answer their questions. If there are any witnesses to the accident, collect their names and contact information so that you can get in touch with them later in case you decide to file a lawsuit.

Avoid discussing the specific details of your New York accident and personal injury with your colleagues at work or with family members. Also, make sure that you don’t put up posts about the incident on social media because the other party may try to dig up information from these sources in an attempt to discredit you.

Don’t Share Unnecessary Information with Insurance Adjusters

Soon after an accident, the insurance provider of the party at fault is likely to approach you to negotiate a settlement. This meeting is when you have to be on high alert to avoid getting trapped by the negotiator. Here are some things to avoid in such situations:

  • Don’t let your guard down or get too personal or friendly with the insurance adjuster. Stick to a firm business-like approach when you first meet them and keep the same demeanor in all subsequent meetings.
  • Don’t offer your opinion about the accident, or apologize for any part of the events even if you think your actions could have been different and helped to avoid the accident. Limit your conversation to details of the accident, your contact details, and the car’s location.
  • Don’t guess at answers or give out wrong information. Steer clear of exaggeration too. Insurance adjusters have a lot of experience interacting and negotiating with accident victims and they can tell if you’re giving them mistruths. If the adjuster catches you lying, it will cause you to lose credibility and make it easier for them to suspect all the correct answers you give, too.
  • Don’t share your Social Security number with the insurance adjuster. Do not give them contact information regarding your family members or friends. This will ensure that they do not go around trying to dig up your personal details to find information to discredit you.
  • Don’t offer your own diagnosis of the injuries you sustained in the accident. Stick to stating what the medical reports say. Avoid any mention of previous injuries so that the insurance company does not use these details to claim that your present injury is due to aggravation of an already existing medical condition.
  • Don’t assume that you will be able to reach a quick and beneficial settlement with the insurance adjuster. Speak in a manner such that even if the case goes to trial, nothing you say can be used against you in court.
  • Never sign over a medical release to allow the insurance adjuster access to all details of your health history. If absolutely unavoidable, grant a limited release so that only the medical records of the accident and personal injury are made available to the adjuster in NYC.

Don’t Admit to Anything That Can Go Against You

Being in any type of accident and sustaining injuries can be a shocking event. Most people will feel stressed in such situations and this may result in them saying things they will later regret. Avoid trying to justify your actions.

If you admit to being inattentive because you were talking to a passenger, or pulling up directions on your GPS, the defendant can use that against you. Do not verbally abuse the other party either or threaten to get even with them. Make sure you pay careful attention to what the other party is saying, especially things that could prove beneficial for you.

Don’t Agree to Give a Recorded Statement to Insurance Adjusters

The only information you need to give an insurance adjuster is the details of the date, time, and location of the accident, along with a brief description of events from your viewpoint. If anyone asks for a recorded statement, refuse to provide it.

Some insurance adjusters will try to get you to record a statement so that your words can be twisted in a manner that hurts your case. If you are finding it difficult to deal with such persons, the best thing to do is to engage the services of an experienced personal injury lawyer in NYC and have them speak with the insurance adjuster.

If you have been in a car accident, it is essential to provide your own insurance company with all the necessary details. However, even to them, you are not legally required to provide a recorded statement. In case your insurers insist, make sure you get information about how they plan to use your statement and clarify that you do not want that statement being shared with any other party.

Don’t Hesitate to Hire a Competent NY Personal Injury Lawyer

Pursuing a personal injury claim is a complex legal process that calls for expertise. Usually, the average citizen does not have access to resources that are necessary to ensure that they win the maximum compensation for their loss. When you hire an established personal injury attorney, they will do all the processing for you, so that you can focus on recovering from your injuries and pain.

New York City personal injury lawyers will use the services of forensic, medical, and financial experts to calculate the damages you must seek for your medical treatment, out-of-pocket medical expenditure lost wages, and the pain and suffering you have undergone due to the accident. They can help you find highly credible experts to provide testimony during a court trial so that you stand a fair chance of getting the maximum compensation.

If you have sustained a catastrophic injury that has resulted in permanent disability or amputation, the lawyer you engage can also help you draw up a life care plan that will give you financial security for the years to come.

Contact An Expert Personal Injury Attorney in New York Today

Soon after an accident, it is important to collect and analyze and preserve evidence to build a strong case. Hiring a car accident lawyer to do this for you is vital to ensure that evidence is not destroyed or tampered with by the other party at fault or their representatives.

At Rosenberg, Minc, Falkoff & Wolff, LLP, our lawyers have several years of experience in successfully handling personal injury cases and we have won millions of dollars in compensation for our clients. Whether a client wants to negotiate a settlement with the insurance adjusters of the party at fault, or they wish to pursue a lawsuit in court, we provide them with the necessary resources to win the maximum compensation for the losses they have suffered.

If you or a loved one have been injured in any type of accident and wishes to pursue a personal injury claim in New York, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 1-800-660-2264 or contact us online for a free and confidential consultation.


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