5 Mistakes to Avoid After a Personal Injury Accident in NYC

5 Mistakes to Avoid After a Personal Injury Accident in NYC

After a personal injury accident, it is normal to experience a flood of conflicting emotions. Anger, frustration, pain, confusion, and remorse may come over us, leaving us disposed to make big mistakes. Whether you suffer a car accident, slip-and-fall, or workplace injury, it is crucial to avoid common pitfalls that could negatively impact your recovery and your ability to receive full compensation for your injuries.

In this post, we will explore 5 of the biggest mistakes accident victims can make and how you can avoid them. Following these suggestions may give you a better chance of a successful outcome at this stressful – yet critical – time.

Mistake 1 – Admitting Fault

The aftermath of a personal injury accident, such as a motor vehicle accident or workplace injury, can be extremely tense. People’s emotions run high, leading to angry outbursts and accusations.

Taking a conciliatory approach by admitting fault or apologizing for your perceived part in the accident could be tempting. While this may be done with the best of intentions, it could have serious ramifications for your personal injury case.

Statements used against you

If the other parties hear you admit fault after an accident, they may include your words in a statement to their insurance company. Insurance companies, though, are only interested in their bottom line and will do their utmost to undermine your personal injury claim. An admission of guilt is the dream for insurance adjusters, who can try to use it to deny your claim.

Inaccurate admission of fault

Another consideration is that in the aftermath of a personal injury accident with adrenaline coursing through your body, your understanding of the accident may be incorrect. An investigation may uncover other factors of which you were unaware, such as the negligent behavior of other parties or mechanical failures, which could be the real cause of your accident.

New York State contributory negligence statute

A further complication is New York’s contributory negligence statute, which could be used against you to reduce your compensation.

If you are partially at fault in a New York City car accident or other type of personal injury claim, you can still recover compensation. Unlike many states that have a threshold of 50 or 51 percent liability as a bar to recovering damages, New York allows you to claim compensation even if you were 99 percent liable.

At the same time, though, as the New York Civil Practice Law & Rules (CVP) Chapter 8, Article 14-A § 1411 states, “the amount of damages otherwise recoverable shall be diminished in the proportion which” you are at fault.

Imagine that compensation for your car accident would have been worth $200,000 if you were not liable. If you were 40 percent liable in New York, your compensation would be reduced by 40 percent to $120,000.

Insurance adjusters will seize on any admission of fault to try to reduce the compensation they have to pay you or even to get out of paying you completely.

What you should do

To protect your legal rights, take the following steps after an accident:

• Be polite, but focus on the facts without expressing any opinions

• Refuse requests to provide a recorded or written statement to an insurance company

• Arrange a free consultation to discuss your accident with a personal injury attorney as soon as possible

Mistake 2 – Not Seeking Immediate Medical Attention

This mistake can jeopardize your health and reduce your chances of receiving full compensation for your injuries. After any accident, whether it is an auto accident, a slip-and-fall, or another unfortunate incident, always get yourself checked out by a medical professional. You should also seek to get a copy of all medical records created after your accident.

Protect your health

Depending on the circumstances, accidents can leave us feeling embarrassed and determined to get away as quickly as possible. Adrenaline may start surging through our bodies and can mask the pain of serious injuries. Also, some injuries do not bring immediate pain but can cause significant suffering later.

Immediate medical attention allows you to:

• Seek an accurate understanding of your injuries

• Begin further investigations or treatment quickly, potentially minimizing the impact of your injuries

• Reduce your chances of medical complications

Early medical care brings peace of mind, as you know you have done everything you can to give yourself the best chance of making a good recovery. Seeking medical care is also crucial for protecting your right to the compensation you deserve.

Protect your legal rights

To secure compensation after a personal injury accident, you must prove that your injuries were caused by that very collision. If you fail to seek medical attention soon afterward, then the other party’s insurance company may cast doubt on your claims. The insurer could claim your symptoms are caused by past injuries and therefore you are not entitled to compensation.

Seeing a doctor right away creates medical records that can prove your injuries were a direct result of your accident. Consulting a medical professional also proves that you are committed to getting better rather than exaggerating or maximizing your injuries in pursuit of compensation.

Proving the link between your accident and your injuries could help you claim compensation for:

• Medical bills – both past and future – if you suffered a serious injury

• Lost wages, which could also include future earnings if your ability to work has been affected

• Pain and suffering

• Emotional distress

What you should do

Resist the temptation to brush off your injuries or downplay their seriousness. Get yourself checked out by a medical professional as soon as possible. Follow up on the recommended medical treatment and keep detailed records of your injuries, treatment, and medical bills.

Mistake 3 – Not Gathering Evidence at the Accident Scene

It is a mistake to leave the scene of any type of accident without gathering as much information as possible.

In New York State, exchanging information with the other parties involved is legally required after a car accident. This is a good practice after any personal injury accident. If you are physically able, the aftermath of an accident is also a unique opportunity to gather evidence.

Why gathering evidence matters

The photos, videos, and details you collect could strengthen your case and make it easier for your attorney to prove who was at fault. You only get one chance to document the scene and show the weather conditions and other unique circumstances that may have contributed to your accident.

It is also vital to get the contact details of witnesses who may quickly leave the scene and be very difficult to trace.

What you should do

Take a few moments to take the following steps:

• Collect information: After a car accident, gather the other parties’ names, phone numbers, and insurance details. In all types of accidents, gather eyewitness information.

• Take photos: Photograph the accident scene from different angles. Try to capture any unique features, weather conditions, or other factors contributing to the accident. Also, photograph your injuries.

• Take videos: Videos may capture more angles and reveal factors that you were unaware of which contributed to the accident.

Mistake 4 – Accepting a Quick Settlement Offer

After a New York personal injury, an insurance company’s sole focus is closing your case as quickly and cheaply as possible. To do this, insurance companies often offer a quick settlement before the full extent of your injuries or your medical treatment is known. They hope to tempt you to take the money so you can quickly move on with your life.

The ramifications of accepting a quick settlement

Quick settlements rarely reflect the full extent of your injuries and suffering. It takes time to build a strong case for compensation that takes into account the full impact your injuries may have on the rest of your life.

If you take a quick offer, you could find yourself in financial difficulties in the near future. Rather than securing your future, a lowball offer could leave you without the means to pay for future medical bills arising from your accident.

The insurance company may also ask you to sign a release form. If you do this, you forfeit the opportunity to pursue additional compensation for your accident in the future.

What you should do

Rather than accepting the first offer an insurance company makes, consult an experienced personal injury attorney. Your lawyer can advise you as to whether the settlement is fair and reflects the full extent of your injuries and suffering.

If the figure is too low to meet your needs, consider hiring legal representation to fight your accident claim for you. Doing this will help you to avoid the fifth and final big mistake many accident victims make.

Mistake 5 – Fighting Insurance Companies Without Legal Representation

Insurance adjusters can be wily operators, using every tactic in the book to undermine your claim. It is very difficult for inexperienced members of the public to come off victorious in a fight with an insurance company. In trying to save money by not hiring a personal injury attorney, you may lose money by receiving an unfair and inadequate settlement.

The personal injury attorney difference

When you hire an experienced personal injury attorney, you will have a strong advocate on your side who is dedicated to fighting for maximum compensation with your best interests in mind. It truly makes a difference to work with a professional who has the legal knowledge and experience to overcome insurance company tactics and give you a better chance of receiving a fair settlement offer.

A personal injury attorney can:

• Investigate your case

• Build a strong case showing fault and proving a fair amount of compensation

• Negotiate hard with insurance company lawyers for a fair settlement

• Represent you in court if needed

What you should do

As soon as possible after your accident, schedule a free consultation with a personal injury attorney. Explain everything that happened and ask questions about your legal rights. Also, take time to make sure that you select a law firm you can trust, with the experience you need.

Injured in NYC? Call Hill & Moin Today

In your hour of need, it is vital to work with a personal injury attorney who knows New York State law and understands the people of NYC. Hill & Moin brings more than 60 years of combined experience to the table, with past cases spanning virtually all aspects of personal injury law.

We truly care about our clients. Many consider working with our attorneys to feel “like having a lawyer in the family.” The Personal Injury Recovery SolutionsⓇ we offer focus on obtaining maximum compensation so you can secure your future. The outstanding settlements we have obtained for our clients show you can trust us to fight tenaciously for the best outcome in your case.

If you are ready to discover your legal rights after an NYC accident, call Hill & Moin today at (212) 668-6000 to learn about your Personal Injury Recovery SolutionsⓇ in a free case evaluation. Alternatively, complete our online contact form and wait for our call.