Common Mistakes to Avoid After Suffering a Personal Injury in NYC

Common Mistakes to Avoid After Suffering a Personal Injury in NYC

In years past, New York State has reported over 1 million injury-related emergency room visits annually in recent years. Suffering a personal injury in New York City presents unique challenges that can impact your ability to secure fair compensation.

The city’s complex legal landscape creates a minefield of potential missteps for injury victims. Even a seemingly minor error can have serious consequences. Avoiding these common mistakes can protect your rights and maximize your recovery.

The high stakes involved in NYC personal injury cases make it essential to approach the claims process with caution and care. By understanding the pitfalls and taking proactive steps to build a strong case, you can position yourself for success.

Why Are Personal Injury Cases in New York Challenging?

New York City’s laws and regulations on personal injury cases can be difficult to navigate without experienced legal guidance.

New York is a no-fault state

No-fault insurance means that if you are injured in a car accident, your insurance pays for your losses – no matter who caused the crash. This is also called Personal Injury Protection (PIP) and is required for all registered vehicles in New York.

Here are some rules under New York’s no-fault system:

• Your own insurance company covers medical expenses, economic losses, and death benefits up to a certain limit
• Your injuries must meet the state’s “serious injury” threshold before you can step outside the no-fault system and pursue a claim against the at-fault party
• Specific filing deadlines and procedural requirements apply

How PIP and a claim work together

In New York, Personal Injury Protection (PIP) ensures that accident victims receive immediate medical coverage and lost wages, regardless of fault. However, if your injuries are severe or your costs exceed PIP limits, you may need to pursue a personal injury claim against the at-fault driver.

The law states the following rules:

• You must use your PIP benefits first before seeking compensation from the at-fault driver
• You can file a lawsuit if your damages exceed PIP limits (e.g., medical bills over $50,000 or serious injuries)
• You may seek compensation for pain and suffering through a lawsuit, as PIP does not cover non-economic damages

Why Prompt Medical Care Matters for Your Health and Personal Injury Case

One of the most common and consequential mistakes personal injury victims make is delaying or forgoing medical care after an accident. However, many serious conditions may not present obvious symptoms right away.

Getting prompt medical attention is vital for several reasons:

• A prompt diagnosis helps doctors catch issues early, improving your recovery and long-term health
• Immediate medical records create a clear link between your injuries and the accident, making it easier to prove your claim
• Waiting too long can weaken your case, as insurance companies may argue your injuries are unrelated to the accident

Remember, insurers may also point to gaps in treatment to justify lowball settlement offers. To protect your health and your right to fair compensation, seek medical attention as soon as possible after an injury. Be sure to follow your doctor’s recommendations regularly.

Evidence Collection Mistakes to Avoid

In the chaos following an accident, it’s easy to overlook the importance of gathering evidence. The quality of the documents you collect can make or break your personal injury claim.

To create a strong foundation for your personal injury claim, focus on the following:

• Take extensive photos of the accident scene, your injuries, and any property damage
• Get contact information for witnesses who can corroborate your version of events
• File a detailed accident report with the appropriate authorities
• Keep a personal log of how the injury impacts your daily life, including missed work, medical appointments, and pain levels

It can be tempting to rely on the police or insurance companies to collect evidence, but it’s better to be as hands-on as possible. This can be difficult when you’re unfamiliar with the law or struggling with injuries. That is why we recommend working with an experienced personal injury lawyer who will keep a close eye on the evidence gathering and ensure nothing falls through the cracks.

Don’t Fall for the Insurance Company Interview Trap

After reporting an accident to the relevant insurers, you will likely be contacted by an insurance adjuster. He or she may request a recorded statement about what happened, which may seem like a routine part of the claims process. However, providing a recorded statement without first consulting a personal injury attorney can be a costly mistake.

Insurance adjusters are trained to ask questions to get you to:

• Downplay the severity of your injuries
• Admit fault or apologize for the accident
• Make statements that contradict your official accident report or medical records
• Discuss pre-existing conditions or prior injuries without proper context

To protect yourself, politely decline any requests for a recorded statement and instead direct all communication through your personal injury attorney. Your lawyer can help you prepare for these conversations and negotiate with insurers on your behalf.

Why Quick Settlement Offers Are Often a Red Flag

In the aftermath of a serious injury, the financial pressures can be immense. All the losses an injured victim faces can make a quick settlement look like the best option. However, a quick settlement might not be enough to cover your losses.

On top of your immediate expenses, you might need compensation for:

• Future medical treatment, rehabilitation, and therapy
• Modifications to your home or vehicle to accommodate a disability
• Lost earning potential and diminished quality of life
• Ongoing pain, suffering, and emotional distress

Once you accept a settlement offer, you typically waive your right to pursue further compensation. That means even if your condition worsens or new injury-related expenses arise, the case is over. It’s vital to work with an experienced personal injury attorney who can help you assess the full value of your personal injury claim.

The Importance of Keeping Your Case Off Social Media

In today’s digital age, social media has become a part of daily life. However, for personal injury victims, social media activity can have serious unintended consequences. Your actions could undermine the credibility and value of your personal injury claim. Even seemingly innocent posts, like travel or daily life updates, can be used against you.

These posts can be taken out of context and used to argue that your injuries are not as severe as claimed. The insurer or defense attorney could even claim that you have made a faster recovery than you are reporting.

To protect the integrity of your personal injury case:

• Avoid posting about the accident, your injuries, or the legal proceedings
• Be mindful of the privacy settings on your accounts and limit public access to your profiles
• Ask friends and family members to refrain from tagging you in posts or discussing your accident online
• Consider suspending your social media activity altogether until your case is resolved

Remember, even if you haven’t done anything wrong, any inconsistency between your social media and your claimed injuries can make insurance adjusters and juries doubt your case.

NYC Personal Injury Time Limits and Legal Deadlines

Every personal injury case is subject to strict time limits, known as statutes of limitations. This statute lets you know how long you have to file a personal injury lawsuit. In New York, the statute of limitations may differ.

Here are some examples of personal injury cases that have differing deadlines:

• Slip-and-fall accidents
• Car accidents
• Product liability
• Medical malpractice

Acting quickly to protect your legal rights is crucial. Building a strong personal injury case takes time. The longer you wait, the more difficult it may become to gather evidence and connect your injuries to the accident. To ensure that your rights are protected, consult a knowledgeable personal injury attorney as soon as possible after your accident.

Contact an NYC Attorney and Protect Your Right to Compensation

Suffering a personal injury in New York City can be a life-altering experience, impacting your health, finances, and future. By being aware of the common mistakes that can jeopardize your personal injury claim, you can position yourself for a successful recovery.

Remember, the insurance companies and at-fault parties have teams of lawyers working to minimize their liability and limit your compensation. You need a strong advocate in your corner who will fight for your interests.

Learn how Hill & Moin’s Personal Injury Recovery SolutionsⓇ can help you move forward after an accident. Contact the experienced personal injury attorneys at Hill & Moin today to schedule a free consultation. Don’t wonder about your rights. Call us or fill out our online contact form to talk to a firm with 60 years of trial experience and confidence. 

Don’t wonder about your rights!