Suffering an injury can be a stressful and traumatic event, especially if the injury occurred due to someone else’s negligence. If you have been injured in an accident in New York, you have the right to file a personal injury claim to seek compensation for your damages. However, the process can be complicated and overwhelming. This article will guide you through the steps of filing a personal injury claim in New York.
Table of Contents
Gather Evidence
The success of your personal injury claim depends greatly on the evidence you present to support your case. It’s crucial to gather as much evidence as possible to show that the other party was responsible for your injury. This may include:
- Police reports
- Witness statements
- Photographs or videos of the accident scene and your injuries
- Medical records and bills
- Insurance information
Hire A Personal Injury Lawyer
While it’s possible to file a personal injury claim on your own, it’s highly recommended that you hire an experienced personal injury lawyer. A lawyer can help you navigate the complex legal system, gather evidence, negotiate with insurance companies, and advocate for your rights. The lawyer can also represent you in court, if necessary.
File A Claim
In New York, you must file a personal injury claim within three years of the date of your injury. You can file a claim with the other party’s insurance company or with your own insurance company, depending on the circumstances of your case. To file a claim, you will need to provide:
- A written description of your injury and how it occurred
- The other party’s information, including name, address, and insurance information
- The date and location of the accident
- Your medical records and bills
Negotiate Settlement
After you file a claim, the insurance company will investigate the accident and review your evidence. The insurance company may offer you a settlement to resolve your claim. It’s important to have your lawyer review the settlement offer to ensure that it covers all of your damages, including medical expenses, lost wages, and pain and suffering. Your lawyer can also negotiate with the insurance company to increase your settlement offer.
File A Lawsuit
If you are unable to reach a settlement with the insurance company, you may need to file a lawsuit. Your lawyer can file a lawsuit on your behalf and represent you in court. The lawsuit must be filed within three years of the date of your injury, or within two years if the injury was caused by a governmental entity.
Conclusion
Filing a personal injury claim in New York can be a complex and time-consuming process. However, with the help of an experienced personal injury lawyer, you can ensure that your legal rights are protected and that you receive the compensation you deserve. If you have been injured in an accident in New York, don’t hesitate to contact a personal injury lawyer to discuss your case and your legal options.