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Steps To Take After a Personal Injury Accident in New York: A Guide From an Experienced Lawyer

Suffering a personal injury can turn your life upside down in an instant. Medical bills pile up while you’re unable to work, creating financial stress on top of physical pain.

A personal injury attorney in New York can help you navigate this challenging time and protect your legal rights. In this guide, Pyrros, Serres & Rupwani will explain the steps you should take after a personal injury accident to maximize your chances of receiving fair compensation, including when to contact a personal injury lawyer in New York.

What Types Of Accidents May Qualify for a Personal Injury Claim?

According to the New York State Department of Health, over 155,000 people go to the hospital with severe injuries each year. Among these include unintentional injuries or those due to another person’s negligence. 

Your personal injury claim lawyer in New York can help determine whether your situation qualifies for compensation. Common scenarios that may qualify for a viable claim include:

  • Slip-and-fall accidents
  • Car accidents
  • Construction site injuries
  • Medical malpractice
  • Product liability cases
  • Workplace accidents

Common Injuries in Personal Injury Claims

The severity and type of injury significantly impact your potential compensation. Serious injuries often require extensive medical treatment and long-term care, sometimes leading to permanent disabilities. 

Personal injury victims frequently suffer from traumatic brain injuries, which can range from mild concussions to severe trauma requiring lifelong care. Traumatic brain injuries are surprisingly common, with around 157 TBI-related incidents occurring daily, according to the New York State Department of Health.

Spinal cord damage presents another serious concern, potentially resulting in partial or complete paralysis that affects mobility and independence.

Many victims also experience broken bones that require surgery, physical therapy, and extended recovery periods. Soft tissue injuries, such as whiplash, sprains, and torn ligaments, can cause chronic pain that persists long after the initial accident. Burns from fires, chemicals, or electrical accidents may require multiple surgeries, including skin grafts, and often result in permanent scarring.

Types of Damages You Could Pursue

Filing a claim allows you to pursue potential compensation for your injuries. According to the New York City Comptroller, New Yorkers filed over 18,895 personal injury claims in the 2023 fiscal year.

An accident injury attorney can help you pursue various types of damages for your personal injury compensation, including the following:

  • Medical expenses covering emergency care, surgeries, medications, and ongoing treatments, including future medical needs
  • Lost wages and earning capacity if you cannot return to work or must take a lower-paying position due to your injuries
  • Pain and suffering compensation for physical discomfort, emotional trauma, and reduced quality of life
  • Property damage reimbursement for vehicles, personal belongings, or other items damaged in the accident
  • Emotional distress damages for anxiety, depression, PTSD, or other psychological impacts of the injury
  • Rehabilitation costs, including physical therapy, occupational therapy, and necessary medical equipment or home modifications

What You Should Do When Involved in a Personal Injury Accident

You should contact a personal injury lawyer in New York as soon as possible, but if you’re injured in an accident, you must take a few other steps first.

Seek Immediate Medical Care

After any accident, your health should be your primary concern. Prompt medical attention can prevent serious complications and improve your recovery.

Even if you feel fine initially, some injuries may not show symptoms immediately. Seeking help right after the accident helps protect your well-being by having a medical professional identify potential problems you might otherwise overlook.

A thorough medical examination also creates essential documentation linking your injuries to the accident, which becomes crucial evidence for your claim.

Document the Accident Scene

Taking prompt action to preserve evidence is critical for your case. Use your smartphone to photograph or video record the entire accident scene from multiple angles.

Capture any hazardous conditions that contributed to your accident, such as broken steps, wet floors, or vehicle damage. Pay special attention to temporary elements that might change, like weather conditions or construction site hazards.

Collect Witness Information

Speaking with witnesses while their memories are fresh provides valuable support for your claim. Obtain the names, phone numbers, and email addresses of anyone who saw the accident.

If possible, ask witnesses to provide brief written statements about what they observed. Their testimonies can help establish liability and strengthen your case.

File Official Reports

Report your accident to all relevant authorities immediately. For vehicle accidents, call the police and request a copy of the accident report. If you’re injured at work, notify your supervisor and file a workers’ compensation claim.

For incidents on commercial property, inform the property owner or manager and ensure they create an incident report. These official records establish a timeline and create crucial documentation for your claim.

Preserve All Evidence

Start a detailed file of all accident-related documentation. Save medical records, hospital bills, pharmacy receipts, and records of any treatments you receive. Keep pay stubs or other proof of lost wages if you miss work because of your injuries.

Document all correspondence with insurance companies, including emails, letters, and notes from phone conversations. Save receipts for any expenses related to your injury, such as transportation to medical appointments or medical equipment.

Get Legal Help for Your Personal Injury

Consulting with an experienced personal injury lawyer in New York helps protect your rights from the start. Insurance companies often try to minimize payouts by questioning liability or downplaying injuries. A skilled attorney can handle all communications with insurance adjusters, ensuring you don’t say anything that could harm your claim. They will also gather additional evidence, consult medical experts, and can help you build a strong case for maximum compensation.

Your attorney can also identify all potential sources of compensation, including third parties who may share liability for your accident and injuries. For example, multiple contractors, property owners, or equipment manufacturers might be responsible for a construction accident. 

Trust Pyrros, Serres & Rupwani To Fight for Your Rights When You Need an Accident Lawyer in New York

As experienced personal injury lawyers in New York, we understand the challenges you face after an accident. Our dedicated team will work tirelessly to help you fight for compensation, defend your rights, and offer the legal guidance you need to better understand the complexities of your case. We take the time to listen to your concerns, answer your questions, and guide you through every step of the process. 

We have experience with multiple types of personal injury cases throughout New York City. If you’ve been injured, call Pyrros, Serres & Rupwani at (718) 626-7730 to schedule your initial consultation and discuss your case with caring legal professionals. 

Frequently Asked Questions

Explore answers to some of the most commonly asked questions our personal injury attorneys in New York receive from clients. 

How Long Do I Have To File a Personal Injury Claim in New York? 

Generally, you have three years from the date of injury to file a claim, but certain cases may have shorter deadlines.

What If I Can’t Afford a Personal Injury Attorney? 

Most personal injury lawyers work on a contingency fee basis, meaning you only pay if they win your case.

How Much Is My Personal Injury Case Worth?

Each case is unique, but factors include fault injury severity, medical expenses, lost wages, and long-term impact on your life.

Should I Talk to the Insurance Company Before Hiring a Personal Injury Lawyer in New York? 

You should not talk to the insurance company before hiring a personal injury lawyer, as they may use your words to minimize or deny your claim.

About The Author

Picture of Michael Serres, ESQ.

Michael Serres, ESQ.

Michael Serres, ESQ. is a reputed Workers’ Compensation Lawyer in Astoria, Queens, NY. He graduated from St. John’s University School of Law in 1989. Mr. Serres was admitted to practice law in New York State in 1990 and is admitted in the Federal District Courts for the Southern and the Eastern Districts of New York. He has served on the Board of Directors of the Workers’ Compensation Bar Association and is currently serving on the Board of Directors of the Queens County Bar Association.