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Step-by-Step Guide for Filing a Personal Injury Claim in New York City

Posted in Personal Injury on March 25, 2023

Step-by-Step Guide for Filing a Personal Injury Claim in New York City

A personal injury claim is a legal action filed when an individual has been injured due to another person or entity’s negligence. If you or your loved one have been hurt and are considering filing a claim, understanding the process and knowing what to expect can be essential for achieving justice.

Consider taking the following steps after an accident in New York City, NY:

1. Check for Injuries and Call 911

The first step is always safety. Assess the situation for any potential injuries, and call 911 or seek medical attention immediately. Additionally, try to ensure that all parties involved remain at the scene until law enforcement has documented the incident.

2. Obtain Prompt Medical Care

Even if there are no apparent injuries, you should seek medical attention as soon as possible after an accident. Some injuries may not be obvious right away but can become more severe over time without treatment.

Additionally, obtaining medical care documents your injuries. This can be used as evidence proving that the accident caused your harm.

3. Take Photos and Gather Information

After seeking medical attention, take photos and videos of the accident scene (or any property damage) and any visible injuries you sustained. You should also obtain contact information from witnesses who saw what happened during the incident.

This evidence will be essential for creating a strong argument for your case should it go before a jury or judge later on in the proceedings.

4. Speak With an NYC Personal Injury Attorney

An experienced attorney can provide guidance throughout the entire process. They’ll help you understand your rights and represent you in court should negotiations fail. They’ll also monitor New York’s statute of limitations and ensure that your claim is timely filed.

5. Gather Evidence

Next, you should gather evidence that is readily available to you. This could include any medical records from the hospital or doctor visits related to your injury and police reports, if applicable.

6. Calculate Damages

Once you have received medical treatment and gathered all the evidence related to your case, it is time to calculate your damages. This includes medical expenses, lost wages, and other costs related to the incident, such as property damage and pain and suffering.

In some cases, punitive damages may be awarded if there was gross negligence involved in causing your injuries.

7. Determine Liability and Negligence

You will need to determine who is liable for your injuries and whether they acted negligently in causing them. Depending on the situation, it could be one individual or multiple parties responsible for your damages.

Negligence must be established by proving that someone breached their duty of care, leading to your injuries.

8. File an Insurance Claim and Negotiate With the Insurance Company or Opposing Party

Next, you and your lawyer can file an insurance claim, if appropriate, to try to obtain compensation for your injuries. If the insurance company does offer you a settlement, you should review their offer and ensure that it is fair, given the facts of your case.

If it’s not a fair offer, you can negotiate with them until they agree on an acceptable amount.

9. Go To Court If Necessary

If no agreement can be reached between yourself and the defendant or their insurance company, you can pursue a personal injury lawsuit.

At trial, both parties present their arguments before the judge or jury. A decision will be made regarding who is at fault and how much you are entitled to if you are successful.

Contact a New York City Personal Injury Lawyer for Help Filing a Claim

Every claim is unique and will change depending on the time of injury and the specifics of the claim. However, this timeline should give you an idea of what to expect. If you need legal assistance, contact an NYC personal injury lawyer today to schedule a free consultation.

If you need legal assistance, contact the New York City personal injury lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.

We have two convenient locations in New York:

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600


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