NYC Personal Injury Guide – What to Do After an Accident

Accidents in New York City can happen unexpectedly, whether it is a car collision, slip and fall, or construction site incident. Knowing what steps to take in the immediate aftermath is vital for protecting your well-being, legal rights, and ability to recover compensation. Here’s a detailed guide from experienced New York accident attorneys on the immediate steps you should take to deal with the aftermath of an accident in NYC.

Step # 1: Ensure Safety and Call for Emergency Assistance

After an accident, your immediate priority should be ensuring that everyone is safe. If you are in a car accident or involved in a hazardous situation, move to a safe location if it’s possible and safe to do so. For instance, if the accident occurred on a busy road or intersection in New York City, move to the shoulder or another safe area away from traffic. Stemming from this, don’t risk further injury by attempting to move anyone who is seriously injured. If you are unable to move, remain in place and alert authorities.

Once safety is ensured, the next step is to call 911. Reporting the accident promptly to emergency services is essential. Here’s why:

• Emergency responders will provide necessary medical attention, even if injuries appear minor at first.
• The police will document the accident, which is crucial for your case when seeking compensation.
• An official accident report filed by the police establishes an important record, including details like the time, location, and nature of the accident, which can be vital for legal claims later.

Step # 2: Gather Evidence at the Accident Scene

After an accident, gathering evidence is vital to supporting your claim and establishing the facts. Collecting as much evidence as possible at the scene can make a significant difference in your ability to successfully navigate insurance claims or legal proceedings. The following steps should be taken as soon as possible:

• Photos and Videos: Capture detailed images of the accident scene, including damages to vehicles, property, and any visible injuries. Take pictures of street signs, traffic signals, skid marks, or any other conditions that could have contributed to the accident. Document the surroundings, weather conditions, and any other relevant factors. If possible, record videos that show the overall scene to help depict the situation clearly.
• Witness Information: Obtain the names, contact numbers, and statements from anyone who witnessed the accident. Eyewitness testimony can be crucial in verifying your version of events and counteracting any conflicting narratives from other parties involved.
• Insurance and Contact Information: Exchange details with other parties involved in the accident, including insurance information, names, addresses, phone numbers, and driver’s license numbers. Ensure you also gather the make, model, and license plate numbers of any vehicles involved.
• Medical Evidence: If possible, document your injuries right away by taking photos. If you’re unable to collect evidence due to the severity of your injuries, ask a friend, family member, or even a bystander to assist.
• Police Report: If law enforcement is on the scene, request a copy of the police report or at least the report number. Police documentation of the accident can provide invaluable insight into who may have been at fault and offer crucial details for your case.

Collecting evidence immediately after the accident strengthens your position when filing insurance claims or pursuing legal action.

Step # 3: Seek Medical Attention Immediately

It is important to seek immediate medical attention after an accident, even if you don’t feel any pain at first. Many serious injuries, such as concussions, internal bleeding, or soft tissue injuries, may not present symptoms immediately but could worsen over time. If not diagnosed and treated quickly, these injuries can lead to long-term health complications.

Here’s what to keep in mind about seeking medical attention:

• Prompt Evaluation: Even if you don’t think you’ve been seriously injured, an evaluation by a medical professional can identify injuries you might not be aware of.
• Documenting Your Injuries: Receiving medical treatment creates a record of your injuries, which is vital for insurance claims and legal cases. A timely diagnosis ensures there is clear evidence linking your injuries to the accident.
• Continued Care: Following through with all recommended treatments, follow-up appointments, and prescribed therapies is crucial for your health and for showing that you are taking appropriate steps to recover.
• Keep Detailed Records: Keep track of your medical records, treatment plans, and any prescriptions you are given. These documents will be necessary for your personal injury case, helping to substantiate your claim for compensation.

Step # 4: Report the Accident to the Proper Authorities

Reporting the accident to the relevant authorities is a critical step in the process, as it provides official documentation of the incident. In New York, the rules differ depending on the type of accident you were involved in.

• Car Accidents: If the accident involves a motor vehicle, New York State law mandates that a police report must be filed if there is injury, death, or property damage exceeding $1,000. This report will outline important details such as the cause of the accident, witness accounts, and any other relevant information. You can request a copy of the police report later, which will serve as an important piece of evidence when filing an insurance claim or pursuing a legal case.
• Workplace Accidents: In the case of a workplace accident, it is crucial to immediately inform your employer or supervisor, regardless of how minor the injury may seem. New York law requires employers to maintain workers’ compensation coverage, and reporting the injury promptly ensures that you can file a claim for workers’ compensation benefits. Delays in reporting workplace accidents can lead to complications in receiving coverage for medical expenses, lost wages, and other necessary compensation.
• Public Space Incidents: If your accident took place in a public space, such as a store, restaurant, or other business, report the incident to the property owner or manager as soon as possible. Many businesses in New York City are required by law to maintain a safe environment for customers, and reporting the accident will help ensure that the incident is documented. This can be helpful for gathering evidence and supporting your claim if you decide to pursue legal action for premises liability, especially in the case of slip and fall or trip and fall accidents.

Reporting the accident to the appropriate authorities is not only required by law but also helps preserve vital evidence that will support your case as you seek justice and compensation for your injuries.

Step # 5: File an Insurance Claim Promptly

In New York, filing an insurance claim promptly after an accident is essential for securing compensation and avoiding unnecessary delays. Whether you are dealing with a car accident, a slip and fall incident, or any other type of accident, it’s important to report the incident to your insurance provider without delay.

• No-Fault Insurance: New York is a no-fault state, meaning that your own auto insurance will typically cover medical expenses and lost wages, regardless of who is at fault in a car accident. By filing a claim as soon as possible, you ensure that you receive these benefits without the need for lengthy legal processes.
• Filing Deadlines: In New York, there are specific deadlines for filing insurance claims. For car accidents, you generally need to file within 30 days to ensure that your medical bills are covered under no-fault insurance. Failing to report your accident within this timeframe could result in your claim being denied.
• Types of Claims: Depending on the nature of the accident, your claim might involve medical expenses, property damage, lost wages, or pain and suffering. Make sure you understand the full scope of what you can claim, as this can help ensure you’re compensated for all your losses.
• Documentation: Be thorough in your documentation of the accident and injuries when filing your insurance claim. Keep all medical records, bills, photographs, and witness statements to support your case. This will streamline the process and prevent unnecessary delays or complications.

Prompt filing of your insurance claim ensures that you meet legal deadlines and begin the process of receiving compensation without unnecessary delays.

Step # 6: Avoid Negotiating Directly with Insurance Adjusters without Legal Advice

Soon after an accident, you may receive calls or messages from insurance adjusters. They may seem friendly and eager to help, but be cautious when interacting with them. Insurance companies are businesses, and their primary goal is to minimize the amount they pay out for claims. This means they may use various tactics to reduce or deny your claim, even if you are entitled to more compensation.

Here’s why consulting an attorney before negotiating with insurance adjusters is so important:

• Limit Your Statements: Insurance adjusters will likely ask for detailed statements about the accident and your injuries. Avoid discussing fault, giving opinions, or speculating about the cause of the accident. Any statements you make could be used against you later in the process. Stick to the basic facts.
• Pressure Tactics: Adjusters may offer you a quick settlement or push you to accept an early payout. While this may seem appealing, initial offers are often much lower than what you are actually entitled to. Once you accept a settlement, you usually waive your right to pursue further compensation.
• Legal Advice on Your Best Interests: Consulting with an experienced attorney ensures that you understand the full extent of your rights and the value of your claim. A lawyer will protect you from the adjuster’s tactics and ensure that you receive a fair settlement. They can also help negotiate a more favorable offer on your behalf.
• Proper Representation: Having an attorney involved from the beginning ensures that you are fully prepared and have someone advocating for your best interests. An attorney’s experience in dealing with insurance companies and understanding the claims process gives you a better chance of achieving a positive outcome.

By avoiding direct negotiations with insurance adjusters without legal counsel, you protect your rights and ensure that you do not inadvertently hurt your case. Always consult an experienced attorney before engaging with insurance companies to ensure that your claim is handled appropriately.

Step # 7: Hire an Experienced NYC Accident Attorney

After an accident, be prepared to consult an experienced New York City personal injury attorney who is experienced in handling all types of accident claims. Navigating the legal landscape of NYC can be complicated due to its specific laws, insurance policies, and legal processes. An attorney will provide invaluable support in a variety of ways:

• Case Assessment: A skilled attorney will carefully evaluate your case, gathering all relevant details, evidence, and documentation to assess the full extent of your injuries and losses. This analysis will determine the strength of your case and the potential for a successful outcome.
• Legal Guidance: Understanding your legal options is key. An attorney will explain your rights and help you decide the best course of action, whether it’s pursuing a claim through the insurance company or filing a lawsuit in court.
• Maximizing Compensation: One of the most important roles of your attorney is ensuring you receive the maximum compensation possible. This includes compensation for medical bills, lost wages, property damage, pain and suffering, emotional distress, and more. An experienced lawyer will ensure that all aspects of your injury and its impact on your life are considered when determining a fair settlement.
• Insurance Negotiation: Insurance companies often seek to minimize payouts, even if you’re entitled to more. An attorney will handle all communications with insurance companies, ensuring that they don’t pressure you into accepting a lowball offer or unfair settlement.
• Litigation Support: If negotiations don’t lead to a fair settlement, your attorney will be prepared to file a lawsuit and represent you in court. With years of experience, they will build a solid case to present before a judge and jury.

An attorney’s support ensures that you have the best chance of receiving the compensation you deserve and that your case proceeds as smoothly as possible.

Step # 8: Adhere to the New York Statute of Limitations

In New York, strict deadlines exist for filing personal injury claims. The statute of limitations is the time period during which you are legally allowed to pursue a claim. Missing this deadline could bar you from recovering damages, so it is essential to take timely action. Here’s what you need to know:

• General Statute of Limitations: For most personal injury claims, including those arising from car accidents, slip and falls, or workplace injuries, you have three years from the date of the accident to file a lawsuit. If you don’t file within this period, the court is likely to dismiss your case, and you won’t be able to recover any compensation.
• Wrongful Death Claims: In cases of wrongful death, the statute of limitations is two years from the date of the person’s death, not the date of the accident. This is crucial for family members who wish to pursue a claim for the death of a loved one caused by someone else’s negligence.
• Government Entities: If your accident involves a government entity, such as public transportation or municipal property, you must follow special procedures. You are required to file a notice of claim within 90 days of the accident. Failing to do so can result in the forfeiture of your right to seek damages.
• Exceptions: In some situations, the statute of limitations may be extended, such as when the injured party is a minor or if the injuries were not immediately discovered. However, it’s crucial to consult with an attorney as soon as possible to ensure that no deadlines are missed.

Adhering to the statute of limitations is a critical step in the legal process. If you don’t take action within the specified timeframes, you may lose your right to seek compensation altogether. To avoid this risk, it’s recommended to consult with an experienced attorney who can ensure that all legal deadlines are met.

Step # 9: Keep Detailed Records of All Accident-Related Losses

One of the most important steps after an accident is keeping meticulous records of all accident-related losses. Thorough documentation not only supports your claim but ensures that you can accurately calculate the full extent of your damages. This includes both tangible and intangible losses, which can have a significant impact on the total amount of compensation you may be entitled to.

• Medical Bills: Keep track of every medical expense related to the accident, including hospital bills, doctor’s visits, physical therapy, medication costs, and any other treatments. Having detailed records will ensure that you are reimbursed for all of your medical expenses.
• Property Damage: Document the damage to your vehicle, personal property, or other assets involved in the accident. Take photographs of the damage and retain repair bills or replacement costs.
• Lost Wages: If you are unable to work due to the injuries sustained in the accident, maintain a record of your lost income. Keep pay stubs, bank statements, or any documentation from your employer that reflects the time you missed from work.
• Transportation Costs: If you need to travel to medical appointments, therapy sessions, or other related appointments, keep records of the transportation costs. This could include public transportation, mileage for personal vehicles, or taxi and ride-share receipts.
• Non-Economic Losses: Beyond financial costs, document the emotional and psychological impact the accident has had on you. Keep a journal detailing your pain levels, emotional distress, and how the injuries have affected your daily life.

These records will provide crucial evidence to support your case and will help your attorney build a solid argument for maximum compensation.

Step # 10: Follow Up with Medical Care

Consistent follow-up with medical care is essential, not only for your health but for your legal case as well. Insurance companies and opposing attorneys will closely scrutinize the continuity of your medical treatment to determine the severity of your injuries and the impact they have on your life.

• Adherence to the Treatment Plan: It’s important to follow your doctor’s instructions carefully. This includes attending all follow-up appointments, taking prescribed medications, undergoing physical therapy, or any other treatments recommended by your healthcare provider.
• Documenting Progress: Keep records of each medical visit, including the treatments or tests performed, any medications prescribed, and the outcomes. These records will show that you are actively working on your recovery and that the injuries are legitimate.
• Avoid Gaps in Care: Gaps in medical treatment can be used by insurance adjusters or defense attorneys to argue that your injuries are not as serious as you claim. To avoid this, make sure you attend all appointments, and if you need to miss one, notify your healthcare provider and reschedule promptly.
• Update Your Attorney: Keep your lawyer informed of your ongoing medical treatment. They may need to obtain medical records or consult with medical experts to verify the extent of your injuries and the treatment you are undergoing.

By ensuring consistent medical follow-up, you are not only taking care of your health but also strengthening your case.

Step # 11: Avoid Discussing the Accident on Social Media

In today’s digital age, social media can be a double-edged sword, especially when you are involved in a legal claim. While it’s tempting to share your thoughts, experiences, and updates online, anything you post can be used against you.

• Potential for Misinterpretation: Even seemingly harmless posts, such as pictures or comments about how you are feeling, can be misconstrued or taken out of context. For example, posting a photo of yourself out with friends might suggest that your injuries are not as serious as you claim.
• Monitoring by Insurance Companies: Insurance companies and defense lawyers often monitor the social media accounts of individuals involved in personal injury claims. They may look for evidence that can undermine your case, such as posts that downplay the severity of your injuries or contradict your medical reports.
• Avoid Discussions of the Accident: Don’t post anything about the accident, your injuries, or ongoing recovery on social media. Avoid sharing details or commenting on your case, as even a simple post could jeopardize your claim.
• Privacy Settings: While privacy settings can limit who sees your posts, they are not foolproof. If you’re involved in an accident, it’s best to err on the side of caution and refrain from posting anything related to the case altogether.

In short, it’s best to avoid discussing your accident on social media during the course of your claim to prevent anything from being used against you in court or during settlement negotiations.

Step # 12: Know Your Rights as an Injured Victim in NYC

As an accident victim in New York City, you have legal rights that protect your ability to seek compensation for your injuries. These rights ensure that you are not left with the financial burden of an accident caused by someone else’s negligence. Understanding these rights is essential for pursuing the justice and compensation you deserve.

• Compensation for Medical Expenses: If you are injured in an accident, you have the right to seek compensation for your medical expenses. This includes emergency care, surgery, physical therapy, prescription medications, and any ongoing treatments required for recovery.
• Compensation for Lost Wages: If your injuries prevent you from working, you have the right to seek compensation for lost wages, which can include past and future income. If you’re unable to return to your previous job or if your earning capacity is diminished due to long-term injuries, you may be entitled to additional compensation.
• Pain and Suffering: In addition to economic damages, you are entitled to compensation for non-economic losses such as pain, suffering, and emotional distress. The severity and duration of your injuries will factor into how much compensation you are entitled to for these losses.
• Punitive Damages: In certain cases, such as when the accident was caused by gross negligence or intentional misconduct (e.g., a drunk driving accident), you may be entitled to punitive damages. These damages are meant to punish the wrongdoer and deter similar behavior in the future.
• Statutory Rights: In NYC, various laws protect accident victims, including New York’s no-fault insurance system for car accidents, which allows injured parties to receive compensation for medical bills and lost wages, regardless of fault. If another party’s negligence caused your injuries, you have the right to pursue additional claims for damages beyond what is covered by no-fault insurance.

By understanding your rights, you can take proactive steps to ensure that you receive the full compensation you deserve and hold responsible parties accountable for their actions.

Special Considerations for Specific Types of Accidents in NYC

• Car Accidents: NYC’s congested streets increase the risk of collisions. Pedestrian and cyclist accidents are also common. Ensure you report the incident to the NYPD and gather contact information from all involved parties.
• Slip and Falls: Property owners in NYC have a duty to maintain safe premises. Document hazards such as wet floors or broken stairs, and report the accident to the property manager.
• Construction Accidents: Construction workers and other laborers face higher risks in NYC. Notify your employer immediately and file a workers’ compensation claim. If a third party, such as a contractor or equipment manufacturer, was responsible, you may be able to file a lawsuit for personal injury damages.

In the aftermath of an accident, time is of the essence. Evidence can disappear, and witnesses’ memories may fade. By acting quickly and methodically, you can protect your rights and build a strong case for compensation. An experienced NYC accident attorney can guide you through every step of the process.

Get Our Seasoned New York Accident Attorneys on Your Side

At Rosenberg, Minc, Falkoff & Wolff, LLP, we are dedicated to fighting for your rights and securing the compensation you deserve after an injury. For over four generations, our top-rated New York City personal injury lawyers have been helping injured New Yorkers win big.

With over $1 billion recovered for our clients and a success rate of over 95%, we are one of the most respected law firms in the city. Our firm is proud to be recognized by prestigious organizations, including the New York Law Journal, and awarded the “Top Personal Injury Lawyer” honor by Martindale-Hubbell.

Our team has extensive experience handling a wide range of personal injury cases, including but not limited to:

• Car/Truck Accidents: Whether you have been involved in a car crash or a serious truck accident, our skilled attorneys have the skills to navigate insurance claims and litigation effectively.
• Bike and Pedestrian Accidents: Our lawyers have a proven track record of securing settlements for cyclists and pedestrians who have been injured by negligent drivers.
• Construction Accidents: We understand the complexities of construction site injuries and know how to pursue maximum compensation for injured New York workers.
• Slip and Fall Cases: If you have been injured due to a dangerous condition on someone else’s property, we will ensure the responsible party is held accountable.
• Catastrophic Injuries: If you have suffered a life-changing injury, we will work to ensure your compensation covers full medical costs, lost wages, and pain and suffering.
• Wrongful Death: Losing a loved one due to someone else’s negligence is devastating. Our compassionate lawyers will fight for justice on behalf of your family.

If you have been injured, let our New York City accident lawyers at Rosenberg, Minc, Falkoff & Wolff put decades of experience and a formidable track record of success to work for you. We will provide personalized representation, guide you through every step of the process, and fight relentlessly to ensure that you receive the full compensation you are entitled to.

With our no-fee-until-you-win guarantee, there is no risk in getting the legal help you need. You deserve the best representation, and we are here to provide it. To schedule your free consultation, call us at 212-344-1000 or contact us online.