10 Mistakes to Avoid During a New York Personal Injury Claim
Mistakes that could complicate an injury claim are not always obvious in the moment. What seems harmless, such as postponing an appointment or making an offhand comment, sometimes gives insurers grounds to challenge the claim later. Recognizing the risks listed below from the outset ensures you protect valuable evidence and keep an already difficult process from becoming harder.
Waiting to Seek Medical Treatment
Putting off medical attention does more than just delay treatment. Some injuries, such as concussions, internal bleeding, or soft-tissue damage, do not always show immediate symptoms. Getting immediate treatment protects your health and ensures you get the attention you may not know you need.
In addition, seeking prompt medical treatment creates a record of your symptoms and the recommended treatment. Proper medical documentation makes it easier to link your injuries to the accident. On the other hand, a long gap between the accident and treatment gives an insurer room to argue that the injury was less serious than you claim or resulted from some other cause.
Failing to Preserve Evidence From the Accident
Take photographs and videos of the accident scene and any visible injuries or damage. Request a copy of the accident report, if one was prepared, and keep the names and contact information of witnesses. Physical conditions change, and memories fade. Businesses do not preserve surveillance footage indefinitely, so waiting to request it could mean losing it.
Giving a Recorded Statement Before You Understand the Risks
Insurance adjusters sometimes request recorded statements soon after an accident, but New York law does not require you to provide one to the other driver’s insurance company. A request from your own insurer is different because your policy could require your cooperation. Speak with an attorney before answering questions on the record, as an incomplete or imprecise response gives the insurer language it could later use to challenge your claim.
Accepting an Insurance Company’s Offer Too Soon
Insurance companies often make lowball offers before accident victims understand the full scope of their injuries and losses. At that stage, the insurer likely does not have a complete picture of your future medical expenses and lost income during recovery. Accepting an offer before the long-term effects are clear also risks the undervaluation of your pain and suffering. Once you accept the offer and sign a release, you cannot seek any additional compensation, even if your condition worsens or you need further treatment.
Discussing Your Accident or Injuries on Social Media
Insurance companies and opposing attorneys review social media accounts for photographs, videos, and comments they can use to dispute an injury claim. Private settings do not necessarily prevent relevant posts from being disclosed during a lawsuit. Avoid posting about the accident, your recovery, or the claim publicly. Do not delete existing content without first speaking with your attorney.
Losing Track of Accident-Related Expenses and Lost Income
Keep copies of every document showing what the accident has cost you. Save medical bills and prescription receipts, along with records of transportation to appointments. Use wage statements or a letter from your employer to document lost wages. Keep receipts for other out-of-pocket expenses as well, since these records give your attorney a clearer basis for calculating your financial losses.
Missing a New York Filing or Notice Deadline
Under New York’s personal injury statute of limitations, most negligence-based lawsuits must be filed within three years of the injury. However, there are exceptions to that deadline. For instance, for claims against a municipality or government entity, New York law requires that a notice of claim be filed within 90 days of the accident. Contact an attorney promptly to learn the deadline for your case and ensure you file your claim on time.
Relying on the Other Party’s Insurer to Protect You
An insurance adjuster does not represent you. Insurance adjusters assess fault and determine the value of a claim on behalf of the company employing them. They are trained professionals who look out for their employer’s financial and legal interests, not yours. Thus, it’s crucial to have an experienced attorney to represent you, protect your interests, and handle all communications with the insurer on your behalf.
Speculating About Fault After the Accident
Statements made after an accident can sometimes come back to haunt you during an insurance claim or personal injury lawsuit. Insurers are always looking for ways to use your words against you. An insurer might compare your account with the accident report or later testimony. When reporting what happened, stick to facts you personally observed. Avoid making guesses about the cause or accepting blame before an experienced personal injury attorney has reviewed the available evidence.
Waiting to Get Legal Advice
Early legal guidance does not mean every injury will lead to a lawsuit. Speaking with a New York personal injury lawyer promptly allows your attorney to preserve time-sensitive evidence and handle insurance communications before avoidable mistakes occur. An attorney will also identify the applicable deadlines and develop a case strategy based on the facts. Waiting risks losing evidence or allowing the insurer to shape the initial record before you have legal counsel.
How We Protect Your Claim From Avoidable Mistakes
After an accident, the last thing you need is a lawyer who hands you a list of warnings and leaves you to manage the claim. Our New York personal injury attorneys draw on decades of experience to give you specific guidance about insurer calls and the records you need to preserve. We will handle all the legal details on your behalf and keep you updated, so you don’t have to chase us for answers.
Lever & Ecker accepts cases selectively because every client deserves our full attention. We identify problems and address them early before they can damage a claim. We do not rush toward a quick resolution when patience and preparation better serve your interests. This hands-on approach has contributed to more than $250 million recovered for injured clients.
Protect Your Claim With Early Legal Guidance From a New York Personal Injury Lawyer
After a serious injury, it is difficult to know which decisions cannot wait. If you are unsure what to say to an insurer or which records to preserve, contact Lever & Ecker. Getting legal guidance as early as possible gives our award-winning New York personal injury lawyers more time to secure evidence and identify the deadlines that apply to your circumstances.
To schedule a free consultation, contact us online or call (914) 288-9191 or (718) 933-3632. We will listen to what happened and give you clear answers about what to do next.
