Personal Injury Law: Frequently Asked Questions And Answers
If you or a loved one has suffered a serious personal injury, you may have many of the following questions running through your mind. How will I pay my medical bills? Do I have to file my claim right away? Am I entitled to compensation? What steps should I take?
We at Edelman & Edelman, P.C., know this is a difficult situation, especially if you are having a hard time finding answers to your questions. With that in mind, we have provided answers to some of the common questions we are asked below.
What types of accidents can I claim for?
As a general rule, you can file a claim for financial compensation when someone else was negligent or acted intentionally in a way that caused you injury and/or financial harm. They were responsible and you would not have found yourself in this position otherwise. Here at Edelman & Edelman, P.C., our experienced personal injury attorneys take on cases involving:
- Motor vehicle accidents
- Bicycle accidents
- Construction accidents
- Slip-and-fall accidents
- Medical malpractice
- Premises incidents
- Unsafe products
These accidents often lead to severe injuries like brain or spinal cord damage. Getting the full compensation you deserve can help to ensure you receive the treatment and care necessary for your recovery.
How do I prove fault?
Proving fault depends on the details of your situation, but evidence is crucial in every personal injury case. Here are some examples:
- Witness statements from people who saw the incident
- Medical documentation of injuries and treatments
- Official reports from police or other authorities
- Visual evidence (photos, videos) of the scene, injuries and damages
- Expert testimony from professionals like doctors or accident reconstruction experts
- Items from the scene, such as damaged property
This helps establish the defendant’s duty of care and their breach of that duty, helping you prove they are responsible for your injuries. Any evidence that can help to demonstrate a link between your injuries and another’s negligence can add weight to your case.
Can I still file a claim if I was partially at fault?
Yes, you can still file a claim if you were partially at fault. New York follows the doctrine of pure comparative negligence, which means you can recover damages even if you are partly responsible for the accident. Your compensation will be reduced by your percentage of fault. For example, if you are 10% at fault, you can still receive 90% of the total compensation.
Fault is not binary; instead it is assessed proportionally, making the legal process of filing a claim complex. Working with an experienced legal team is crucial to navigate these nuances and ensure you receive fair injury compensation.
How long do I have to file a personal injury claim?
- Personal injury: In New York, the statute of limitations for most personal injury claims is three years from the day you suffered your injury. If you fail to file your claim by then, the court may refuse to hear your case.
- Defective products: Similarly, most injury claims related to defective and/or dangerous products — also known as products liability claims — must be brought within three years.
- Wrongful death: If a family member was killed due to the negligence of another, any subsequently wrongful death claim must typically be brought within two years of the death.
It is important to remember, however, that the time limits referenced above are just general guidelines and do not include every single type of personal injury claim. In fact, New York has some statutes of limitations that govern very specific situations.
In addition, depending on your claim, other time limitations may also apply. For instance, if your claim is against New York City or New York state, you may only have 90 days to file a notice of your claim, which means you really need to move quickly.
What steps should I take after a serious personal injury?
Whether you have suffered an injury due to a motor vehicle collision, a defective product, a construction accident or any other incident, you should consider these following four steps:
- Seek medical care: If you or anyone else has been injured, you should seek medical care right away. Even if you don’t think your injuries are serious, you should still see a doctor, particularly since there may be some internal injuries of which you are not aware.
- Call 911: Whether you need the police or an ambulance, it is crucial to call emergency services as soon as possible. Having the police involved is also helpful should you need a police report later to help bolster a personal injury claim.
- Collect evidence and information: Once everyone’s emergency medical needs are addressed, try to get the names and contact information of any possible witnesses. You may need statements from them later. Also, use your phone to take photos of the accident. If your injuries were caused in a motor vehicle accident, make sure to collect all necessary information from the at-fault driver, including their driver’s license number and insurance information.
- Contact an attorney: Having an experienced lawyer on your side is one of the best ways to ensure you receive the compensation to which you may be entitled. The insurance companies will have attorneys looking out for their best interests, and so should you.
One important thing to remember, however, is that every situation is different, and while the steps outlined above may be helpful in many situations, they do not cover every possible scenario. This is why step four — contacting a lawyer — is so important. An experienced attorney can review the facts of your particular situation and help you determine the best steps moving forward.
What should I avoid doing after a serious personal injury?
For instance, here are four things you should avoid doing if you are ever injured in an accident:
- Fail to seek medical care: You may think your injuries are minor, but that isn’t necessarily true. It is crucial to seek medical care as soon as possible following your accident, especially since some injuries may be much more serious than you realize.
- Fail to call 911: Even if the other side is saying you don’t need to call the police, you should always call 911 and report the accident. After all, a police report may come in handy later should you need to prove your personal injury claim in court.
- Speak to the insurance company: Many insurance companies care more about their bottom line than your well-being, so they are going to try to pay you the least amount possible — or deny your claim altogether. Therefore, it is best not to speak, or give a recorded statement, to the other party’s insurance company or its attorney. If they can, they will use what you say against you. In these situations, it is best to simply tell them to contact your attorney.
- Accept a settlement without first speaking to a lawyer: Never take a check or sign anything from an insurance company without first talking to a lawyer. You don’t want to waive your rights to possible compensation, especially if the settlement offer from the insurance company doesn’t actually cover all of your damages.
As we often mention throughout our site, every situation is different. So, while the actions listed above are some of the things you should avoid doing following an accident, depending on your situation, there may be other actions you may also want to avoid. The best way to know what steps to take — and which to avoid — is to contact an attorney as soon as possible.
Need More Answers? Contact Us Today.
When you need compassionate, knowledgeable legal guidance, Edelman & Edelman, P.C., can help. Our attorneys will listen to the facts of your case and carefully explain what legal options may be available. Call our New York office today to speak with one of our lawyers. We even offer free consultations. You can reach us online or call us at 212-235-1197.
