You may have had a Personal Injury Accident that you should have been compensated for

You may have had a Personal Injury Accident that you should have been compensated for but you just don’t know it. Let us tell you more!

 

Any accident lawyer in New York will tell you that filing a personal injury claim immediately is the best plan of action and nearly guarantees compensation, provided the claim is strong enough to hold up in court. However, some people receive injuries in situations and may not have been aware at the time that they could have taken legal action for compensation. Understanding the basics of New York law regarding personal injury is essential.

 

What Counts as a “Personal Injury” Claim?

There are several basic ideas behind personal injury claims, which your New York accident lawyer will inform you of. Generally, if you find yourself in a position where you are owed a duty of care and that duty of care is not afforded to you injuring you in the process then you may have a personal injury claim. An example of such a situation may be if you are on someone’s property and they have not kept it properly maintained. If you suffer an injury because of this lack of maintenance then you may have a personal injury claim. For further clarification on your specific case, consult with an experienced accident lawyer in New York.

 

What proof is needed?

Basically, you need to be able to prove the conditions listed above. One way to do this is by gathering either photographic or video evidence to show that the environment was unsafe, lacked warning, and caused your injury. Medical reports are also helpful as evidence because they can show the extent of and exact nature of your injury. If you are unable to gather this evidence for any reason, don’t worry; contact a New York accident lawyer immediately and they will be able to look after these details for you. Witnesses add much more credibility to your story and can be contacted by an accident lawyer in New York after the incident. If you have the slightest suspicion that you have a personal injury claim, it would be wise to at consult with an accident lawyer in New York to see where you stand.

 

How long can you wait to file a claim?

It is not uncommon for people to become injured in situations that could have seen legal action but did not realize it. However, as your accident lawyer will tell you, New York law does give a “statute of limitation” for personal injury situations. This basically means a timeline for being able to file a claim. In general, people have three years from the date of the injury to file a claim but there are exceptions so be sure to contact an accident lawyer in New York to find out more. If you are filing a claim against the government, or an agency thereof, you may only have 90 days to file a claim and one year to file a lawsuit. Dave Goguen, J.D., explains these statutes. This is why it’s so important to contact a New York accident attorney as soon as possible after your accident.

 

What happens if you waited because you did not know?

The general rule is that the longer you wait to talk to a New York Accident lawyer, so that they can properly investigate your claim about your personal injury claim, the more difficult it may be to prove. As time goes on, the lack of evidence or evidence which has not been gathered properly, can make proving your case more difficult. Over time, injuries fade, memories of the incident disappear, photos and videos are lost, and that’s why evidence needs to be preserved as quickly as possible. This is why it is important to talk to a New York accident attorney as soon as possible to ensure they gather the necessary evidence. Your New York accident lawyer will take photos and videos, log exactly what happened, gather any necessary medical reports, and speak to witnesses and employees.

Court proceedings will be more difficult to handle if you have waited. With that said, they will still hear your case and give you a chance to prove yourself as long as you are within the statute of limitation. If this has passed, the courts will probably refuse to hear your case, but still may depending on the circumstances.

 

What should you expect?

While contacting a New York accident lawyer as soon as possible after your accident will give you a better chance of success, all is not necessarily lost if time passes. Physical evidence such as security video, poorly maintained property, etc can disappear if your New York accident lawyer does not gather them quickly after the accident and so it is important to get this done as soon as possible. If you are able to gather evidence at the scene, you can pass this over to your accident lawyer in New York who will preserve the evidence until they are best prepared to bring your case forward. Often, accident lawyers in New York will need more time to gather evidence such as statements from witnesses who may be difficult to find or awaiting full assessment of your injuries.

Remember in any personal injury case, your best move is always to contact an experienced accident lawyer in New York. They will give you guidance on what your next course of action should be, they will help you gather the necessary evidence you required for your case and will do everything they can to ensure that you get the compensation you are entitled to.

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We are good car accident lawyers in New York litigating Queens, Bronx, Brooklyn and Manhattan Lawsuits for auto, construction, motorcyle accidents and personal injuries claims  Rob Harnick

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