What to Do Immediately After an Accident to Protect Your Injury Claim
Whether you've been involved in a car crash, a slip and fall, or another accident caused by someone else's negligence, New York law offers legal avenues for you to pursue a personal injury claim. However, to work toward obtaining the compensation you need, it's important to take immediate, informed actions to protect both your health and your potential injury claim.
At the Law Office of Steven R. Smith, located in Garden City, New York, we understand how overwhelming and stressful it can be to deal with the aftermath of an accident. Our attorney offers experienced services to guide you through the steps you should take after an accident to advocate for your rights and strengthen your claim.
1. Ensure Your Safety and Seek Medical Attention
Your safety should be your first priority after an accident. If possible, relocate to a safe area to avoid further danger, such as the road shoulder in a car accident. Then, evaluate your injuries and check on the condition of others involved.
Even if you don't feel any pain, some injuries—like whiplash, concussions, or internal trauma—may not manifest symptoms until hours or days later. Make sure you seek prompt medical attention after any accident. This can help safeguard your health and protect your legal claim.
Under New York's personal injury law, seeking medical treatment creates a clear record linking your injuries to the accident. Insurance companies often use delays in treatment as a way to minimize or deny claims. Be honest about every symptom you're experiencing, no matter how minor it seems. These details will become part of your medical records, which serve as key evidence in supporting your claim.
2. Notify the Relevant Authorities
For many types of accidents in New York, such as car accidents causing injury, death, or property damage exceeding $1,000, you are legally required to report the incident to the police immediately. Request that an officer be sent to the scene to document the events and prepare an official accident report. Be sure to obtain the responding officer's name and badge number, as well as the police report number, so you can access these records if necessary.
An official accident report is often one of the most important pieces of evidence you can include in a personal injury claim. It offers an objective account of what happened and may include information about who was at fault, witness statements, and other critical details.
If you're involved in a premises liability accident, such as a slip and fall accident, notify the property owner or manager immediately and request that they file an incident report.
3. Gather Comprehensive Evidence
The evidence you gather can often make or break your injury claim. If you’re able, document as much of the accident scene as you can before leaving the site. This includes taking photographs or videos of the accident scene, injuries, property damage, and any hazardous conditions that contributed to the incident, such as a wet floor or broken step.
Additionally, collect the contact information for anyone involved in the accident, including their names, phone numbers, addresses, and insurance details for motor vehicle accidents. If any witnesses are present, ask for their contact information. Witnesses can often provide statements later to corroborate your account of the incident.
Pay attention to time-sensitive evidence. For example, weather conditions, spilled liquids, or damaged structures may change quickly. Capture as much visual and written proof as possible while the conditions are unchanged.
4. File a Report with Your Insurance Company
If you’ve been in a motor vehicle accident, New York’s "no-fault" insurance system requires you to file a claim with your own insurance company first for medical expenses and lost wages, regardless of who caused the accident. It’s important to notify your insurer promptly, as your insurance policy will often have a specific deadline for filing a claim.
When speaking with your insurance provider, stick to the facts without admitting fault. Avoid giving detailed explanations or recorded statements until you've consulted with a personal injury attorney. Saying too much or the wrong thing can inadvertently harm your claim.
5. Avoid Discussing Fault
New York is a comparative negligence state, which means your degree of fault in an accident can reduce the amount of compensation you’re eligible to receive. Therefore, don't admit fault or assign blame at the scene of the accident, either verbally or through your actions.
Let investigators, lawyers, and insurance adjusters handle the determination of fault. Even offhand remarks like "I didn’t see the other car" or "I was in a hurry" can be used by the opposing party to challenge your claim. Avoid signing any statements or accepting settlement offers without first consulting legal counsel.
6. Keep Detailed Records
Maintaining meticulous records of everything related to the accident is essential for building a strong injury claim. Some common records you should aim to keep include your medical records, receipts for out-of-pocket expenses, communication with insurance companies, and documentation of lost wages if your injuries prevent you from working.
It's also a good idea to keep a personal journal documenting your recovery process and how the accident and your injuries have impacted your daily life. Pain and suffering are compensable damages under New York law, and a detailed account of your physical and emotional struggles can help convey the extent of your hardship to insurers or a jury.
7. Consult an Experienced Personal Injury Attorney
Protecting your injury claim after an accident can be a complicated process, especially when you're dealing with serious injuries, mounting medical bills, and aggressive insurance adjusters trying to minimize your compensation. This is where an experienced personal injury attorney can help.
At the Law Office of Steven R. Smith, we have extensive experience with New York personal injury law and fighting for the rights of injury victims. Our attorney will thoroughly investigate your case, gather evidence, negotiate with insurance companies on your behalf, and represent you in court if necessary. Our goal is to make sure you receive the compensation you need to recover from your injury and move forward with your life.
Reach Out to an Experienced Personal Injury Attorney in Garden City, New York, Today
If you've been injured in an accident, don't wait to take action. The sooner you consult with an experienced personal injury attorney, the stronger your claim will be. At the Law Office of Steven R. Smith, we have years of experience representing injury victims, and we are committed to helping you establish liability, hold the at-fault parties accountable, and pursue fair compensation under New York law.
Located in Garden City, New York, we serve clients throughout Queens, Long Island, Manhattan, and other New York neighborhoods. Contact our attorney today to schedule an initial consultation and discuss how we can help with your case.