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Things You Should Know Before You File a Personal Injury Claim

Dec 12, 2022 | Personal Injury

No one expects to be hurt in an accident. However, if you sustained injuries due to a trip and fall, car collision, premises liability accident, motorcycle crash, or any other type of accident, you might have suffered not only physically, but also economically. In the event the accident was caused by another’s negligence, you might be entitled to pursue compensation by filing a lawsuit. Here are some things you should know about pursuing a personal injury claim.  

Litigation might not be the only way to resolve your case.

Litigation isn’t always necessary to recover the compensation you deserve for your injuries. Even after you have filed a lawsuit, you may still be able to settle with the insurance company outside of court. Alternative dispute resolution methods such as mediation and arbitration can be highly effective in resolving personal injury claims.   

You shouldn’t accept the first settlement offer made by the insurance company.

It’s generally never a good idea to accept the first offer made by the other side’s insurance company. As your injuries are documented, the value of your case increases. If you accept an offer too early, the insurance company can avoid a larger payout. An experienced personal injury lawyer will know how much your claim is worth and can negotiate a fair settlement on your behalf.

A personal injury lawyer can help you recover more compensation.

A good personal injury lawyer will understand the tactics and traps insurance companies use. They will also know how to communicate with the insurance company and negotiate a favorable settlement. It’s best to retain a lawyer as soon as possible after an accident to ensure your rights are protected, and you don’t inadvertently say anything to the insurance company that could harm your case.

Getting the legal help you need won’t cost you any money upfront.

Many people worry that they won’t be able to afford a lawyer to help them with their injury claim. However, it costs nothing to sign up with an attorney. Personal injury cases are based on a contingency fee — your lawyer is paid out of any verdict or settlement they secure for you.

Medical documentation is critical.

Medical records are essential in building a personal injury case. Regardless of how hurt you are, you won’t have a viable claim if you cannot establish your injuries. Your medical records can demonstrate the severity of your injuries, the treatment you obtained for them, and how they impacted your daily life and livelihood. Significantly, they play a vital role in the value of your case.

Personal injury cases can take a long time.

It’s important to be patient in a personal injury case. If you settle too early in a case, you do not know what the prognosis for your injuries will be, and you won’t obtain maximum compensation. In addition, litigation can be lengthy — the discovery process alone can often take several months or even years, depending upon the complexity of the case.

You only have a limited amount of time to file a lawsuit.

If you were injured by another’s negligence, carelessness, or recklessness, you only have a certain amount of time to file a personal injury action. The statute of limitations to commence a personal injury claim in New York is typically three years. However, shorter statutes of limitation are imposed if the lawsuit should be filed against a municipality. There are also various deadlines that are important to keep in mind based on the type of accident, such as the 30-day no-fault benefits application filing deadline for car accidents.

There are three types of damages that may be awarded in personal injury actions.

If you can prove that someone else’s negligence caused your injuries, you may be entitled to recover compensation for your economic damages and non-economic damages. While economic damages cover things like unreimbursed medical expenses and lost wages, non-economic damages compensate for the pain and suffering your injuries caused. In limited cases, punitive damages may also be available, which are meant to punish the wrongdoer.

Contact an Experienced New York City Personal Injury Attorney

If you suffered injuries in an accident caused by someone else’s negligence, it’s crucial to contact a personal injury lawyer as soon as possible who can advise you regarding your legal rights and remedies. Due to our commitment, candor, and knowledge, the personal injury lawyers at the Edelsteins, Faegenburg & Brown LLP regularly obtain substantial verdicts and settlements on behalf of our clients.

The Edelsteins, Faegenburg & Brown LLP is a personal injury law firm dedicated to fighting for the rights of accident victims to ensure they secure the monetary recovery they deserve for their injuries. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.




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