When you are involved in a personal injury accident in New York, it can feel overwhelming and confusing. The decisions you make right after the accident can play a big role in whether your claim for compensation will be successful. Many people don’t realize that their actions could hurt their chances of getting the money they deserve. That is why it is important to know what not to do when dealing with a personal injury claim in New York. For legal assistance, Friedman & Ranzenhofer, PC can provide the guidance you need to navigate these complex legal issues.
Robert Friedman
Michael Ranzenhofer
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Justin Friedman
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It is important to understand that even though you may be hurt, the legal process requires careful handling. This means there are some common mistakes that you should avoid to protect your right to compensation. Whether it’s a car accident, a slip and fall, or an injury on someone’s property, knowing what could harm your case is critical. This guide will explain the actions to avoid so that you do not end up jeopardizing your New York personal injury claim.
Do Not Delay Seeking Medical Attention
After an accident, one of the biggest mistakes people make is waiting too long to see a doctor. Even if you feel fine or think your injuries are minor, it is important to seek medical attention right away. Sometimes, injuries do not show up immediately and can get worse over time. If you wait too long, the insurance company or the court may believe that you were not really injured or that your injuries are not serious.
When you go to the doctor right after the accident, you create a medical record that shows you were hurt because of the accident. This record will be important when it’s time to prove your injuries and link them to the incident. Waiting too long to get medical help could make it harder to show that the accident caused your injuries, which could weaken your case.
Do Not Speak to the Insurance Company Without Legal Help
After an accident, the insurance company of the person who caused the accident will likely try to talk to you. They may call you and ask for a statement, or they might ask you to fill out some forms. It may seem like they are trying to help, but their goal is to pay as little money as possible. Insurance companies often use the things you say against you, even if you didn’t mean to say anything wrong.
Talking to the insurance company without having a lawyer by your side could hurt your claim. You might accidentally say something that could be used to argue that the accident was partly your fault. You could also say something that makes your injuries sound less serious than they are. It is always best to speak to a lawyer before talking to any insurance company. A lawyer will make sure your rights are protected and that you do not say something that could damage your claim.
Do Not Ignore the Advice of Your Doctor
When you get medical treatment after an accident, your doctor will likely give you instructions on how to take care of yourself. They may tell you to take certain medications, attend physical therapy, or avoid certain activities. Ignoring this advice can not only harm your health, but it can also hurt your personal injury claim.
If you do not follow your doctor’s recommendations, the insurance company or the court may believe that your injuries are not that serious. They could argue that if you were truly hurt, you would be doing everything you could to get better. To avoid jeopardizing your case, it is important to follow your doctor’s instructions closely and attend all of your medical appointments. This shows that you are taking your recovery seriously and that your injuries are real.
Do Not Post on Social Media About Your Accident or Injuries
In today’s world, many people use social media to share details about their lives. However, posting about your accident, injuries, or anything related to your claim could hurt your case. Insurance companies and lawyers for the other side will often look at your social media accounts to find anything they can use against you.
Even if your posts seem harmless, they could be taken out of context. For example, if you post a picture of yourself smiling or doing something active, the other side might use it to argue that you are not really hurt. To protect your case, it is best to avoid posting anything about your accident or your injuries on social media until your case is over.
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Do Not Settle Too Quickly
After an accident, you may be eager to settle your case and move on with your life. However, settling too quickly could mean you are accepting less money than you deserve. In many cases, injuries take time to fully heal, and you might not know the full extent of your medical costs right away.
Insurance companies often try to offer quick settlements to save money. They know that once you accept the settlement, you cannot ask for more money later, even if your injuries turn out to be worse than you thought. Before agreeing to any settlement, it is important to talk to a lawyer who can help you understand whether the offer is fair. A lawyer can also help you calculate the full cost of your injuries, including medical bills, lost wages, and future expenses.
Do Not Admit Fault or Apologize
It is natural to want to apologize after an accident, even if you were not at fault. However, saying you are sorry or admitting any kind of responsibility can hurt your case. The other side could use your words to argue that you were at least partly to blame for the accident. This could reduce the amount of compensation you receive or prevent you from getting any money at all.
In New York, the law allows for comparative negligence, which means that if you are partly at fault for the accident, your compensation could be reduced. Even saying something like “I didn’t see you” or “I should have been more careful” could be used against you. To protect your case, it is best not to admit fault or apologize. Let the investigation determine who was responsible for the accident.
Do Not Fail to Document the Accident
Properly documenting the accident can be one of the most important steps in protecting your personal injury claim. If you do not gather evidence, it could be harder to prove your case later on. Right after the accident, if you are able, you should take photos of the scene, your injuries, and any property damage. You should also collect the contact information of any witnesses who saw what happened.
If you fail to document the accident, you could lose important evidence that could help prove your case. Even if the other person’s insurance company accepts responsibility, having a strong record of evidence can help ensure that you receive fair compensation for your injuries.
Do Not Wait Too Long to File Your Claim
In New York, there is a time limit for filing personal injury claims. This is called the statute of limitations. If you wait too long to file your claim, you could lose your right to seek compensation. In most personal injury cases in New York, you have three years from the date of the accident to file your claim. However, there are some exceptions that could change this time frame.
Waiting too long to take legal action could also hurt your case in other ways. As time goes on, evidence can disappear, and witnesses may forget important details about what happened. The sooner you file your claim, the easier it will be to gather the evidence you need to prove your case.
Protecting Your Rights and Seeking Legal Help
It can be difficult to navigate a personal injury claim on your own. The legal system is complicated, and the other side will likely have experienced lawyers working for them. To protect your rights and avoid jeopardizing your case, it is important to have a skilled lawyer on your side. They will help you avoid common mistakes and fight to get you the compensation you deserve.
If you or a loved one has been injured in an accident in New York, the team at Friedman & Ranzenhofer, PC is here to help. Our lawyers understand how challenging this time can be, and we are ready to guide you through the process. We will work hard to make sure your case is handled properly and that your rights are protected. Reach out to Friedman & Ranzenhofer, PC today for a free consultation and let us help you get the compensation you deserve.