After an accident, you may focus on healing and returning to your routine. However, you deserve fair compensation if someone else’s negligence caused your injuries.
Many personal injury victims in New York make mistakes that hurt their claims. Understanding these overlooked factors can help you avoid costly errors. Here are some of those mistakes.
1. The Role of Comparative Negligence
Understanding the pure comparative negligence system in New York is crucial. If you share some blame for the accident, your compensation will be reduced.
For instance, if you are 20% responsible, you are eligible to recover 80% of your settlement.
This is where New York personal injury lawyers can help. They know how to challenge insurance companies and fight for your rights.
2. Statute of Limitations and Deadlines
Many people assume they have unlimited time to file a personal injury claim. This is not true.
In New York, the statute of limitations for most personal injury cases is three years from the accident date. If you miss this deadline, you lose your right to seek compensation.
However, different cases have different rules:
- Medical malpractice claims: Must be filed within 2.5 years.
- Claims against a government entity: You must file a notice of claim within 90 days and a lawsuit within one year and 90 days.
Waiting too long can weaken your case. Evidence can disappear, and witnesses may forget details. Start the process as soon as possible to increase your chances of success.
3. The Impact of Pre-existing Conditions
Insurance companies may argue that your injuries were not caused by the accident but by a pre-existing condition. This is a common tactic to reduce payouts.
However, having a prior injury does not mean you cannot receive compensation.
New York follows a legal principle known as the ‘Eggshell Skull Rule.’ This rule states that a person is responsible for the harm they cause, even if the victim had a pre-existing condition that made them more vulnerable.
In simpler terms, if you have a health issue like back problems and a car crash worsens them, you still have a valid claim for the worsened condition, even if the crash didn’t cause the original problem.
Medical records are vital to proving your case. It’s important to always seek medical attention after an accident, even if you feel fine. For instance, if you’ve been involved in a construction site incident, a New York crane accident attorney can provide legal guidance and representation to help ensure all necessary documentation, including medical records, is collected to support your claim. Some injuries take time to appear, and a doctor’s report can connect your condition to the accident. This step ensures that your health and well-being are taken care of, and it strengthens your case.
4. The Full Scope of Recoverable Damages
Many injury victims think they can only recover money for medical bills and lost wages. But personal injury claims cover much more. Depending on your case, you may be eligible for:
- Pain and suffering: Compensation for physical pain and emotional distress.
- Future medical expenses: If you need long-term treatment.
- Loss of enjoyment of life: If your injuries prevent you from doing activities you love, such as playing sports or spending time with family. Property damage-Repair or replacement of damaged belongings, such as your car or personal items that were in the car during the accident.
- Property damage: Repair or replacement of damaged belongings.
Wrapping Up
Personal injury claims in New York can be complex, and small mistakes can cost you thousands of dollars. You must understand comparative negligence, meet legal deadlines, fight against insurance company tactics, and demand full compensation for your losses.
Seeking legal guidance can help you build a strong case and ensure that you do not settle for less than you deserve.
If you have been injured, act quickly and protect your rights. The right approach can make all the difference in your recovery and financial future.
