If you have been involved in a personal injury accident in New York, it is important to understand your rights and the steps you need to take to protect them. This article will provide you with an overview of what to expect after a personal injury accident, including what to do immediately after the accident, how to file a claim, and what to expect at trial.
What to Do Immediately After a Personal Injury Accident
The first thing you should do after a personal injury accident is to seek medical attention. Even if you do not feel injured, it is important to be checked out by a doctor to rule out any hidden injuries. Once you have been medically treated, you should contact the police to file an accident report. This report will be important evidence in any potential legal proceedings. You should also gather as much information as possible about the accident, including the names and contact information of any witnesses, the location of the accident, and any photos or videos that were taken of the scene.
How to File a Personal Injury Claim
If you have been injured in a personal injury accident, you may be able to file a claim against the person or entity that caused your injuries. To file a claim, you will need to gather evidence of your injuries, the cost of your medical treatment, and any other losses you have suffered as a result of the accident. You will need to file your claim with the insurance company of the person or entity that caused your injuries. The insurance company will then investigate your claim and make a decision on whether to offer you a settlement.
What to Expect at Trial
If you are unable to reach a settlement with the insurance company, you may need to file a lawsuit. A lawsuit is a legal proceeding in which you will ask the court to award you damages for your injuries. At trial, you will present evidence of your injuries and the cost of your medical treatment. You will also have the opportunity to cross-examine the witnesses for the other side. If the court finds in your favor, you will be awarded damages. Damages can include compensation for your medical expenses, lost wages, pain and suffering, and other losses.
New York Laws Governing Personal Injury Accidents
New York has a number of laws that govern personal injury accidents. These laws set forth the requirements for filing a claim, the types of damages that can be recovered, and the statute of limitations for filing a lawsuit. The statute of limitations is the time limit within which you must file a lawsuit. In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident.
How an Attorney Can Help
If you have been injured in a personal injury accident, it is important to speak with an attorney. An attorney can help you understand your rights, file a claim, and represent you in court. An attorney can also help you negotiate with the insurance company and get you the best possible settlement offer.
Conclusion
Being involved in a personal injury accident can be a traumatic and stressful experience. However, it is important to remember that you have rights under New York law. By understanding your rights and taking the necessary steps, you can protect yourself and get the compensation you deserve.
Additional Resources
- New York State Bar Association: https://www.nysba.org/
- New York State Office of Court Administration: https://www.nycourts.gov/