Steps to Take After a Personal Injury: A Guide for New York Residents

In the bustling state of New York, accidents and personal injuries are unfortunately common. Your personal injury could result from a car accident, slip and fall due to negligence, medical malpractice, or other instances resulting in your injury. 

Navigating the aftermath of a personal injury can be daunting, given the complexity of laws in the Empire State. But with the right knowledge and a good attorney, the process of a personal injury case in NY can be simplified. 

At Selingo Guagliardo, we aim to do both. With this guide, we hope to simplify the crucial steps New York residents should take following a personal injury, helping you maneuver through legal intricacies easily and confidently

Immediate Steps Post-Injury

If you have been injured, there are a few initial steps you should take: 

1. Seek Medical Attention

Your health should be your top priority after experiencing a personal injury. Immediate medical attention is vital for your well-being and crucial for documenting the extent and nature of your injuries, which can significantly influence any subsequent legal claims. 

Keep a detailed record of your medical visits, treatments received, and expenses incurred, as these will be pivotal when seeking compensation.

2. Report the Injury

Once you're safe and have received necessary medical care, you must report the injury to the relevant authorities or parties. If your injury occurred at work, notify your employer. For traffic-related injuries, a police report would be necessary. 

Timely reporting is crucial as it legally documents the incident, providing a basis for your personal injury claim.

3. Gather Evidence

Collecting evidence is a foundational step in building a robust personal injury claim. Start by taking clear photographs of the accident scene, your injuries, and any other relevant details that can visually narrate the incident. If there are witnesses, obtain their contact information and initial statements regarding what they observed. Additionally, keep a personal journal documenting your physical and emotional state following the injury, as this can be valuable evidence of your pain and suffering.

Understanding New York Personal Injury Laws

Before pursuing a personal injury case, we always want our clients to fully understand what such a case will entail. While speaking to a personal injury attorney in New York is necessary, here is a brief overview of New York personal injury laws. Keep in mind that these laws vary from state to state, which is why speaking to a licensed attorney is paramount. 

Statute of Limitations

In New York, the statute of limitations for personal injury cases is generally three years from the accident date. This legal deadline is crucial as it dictates the timeframe for filing a lawsuit to seek compensation for your injuries.

Failing to file within this period typically results in losing your right to pursue legal remedies, regardless of the merit of your claim.

Comparative Negligence

New York operates under a comparative negligence system. This means that if you, as the plaintiff, are partially responsible for the accident that caused your injuries, your compensation will be reduced by your percentage of fault. For instance, if you are found to be 20% at fault, your recoverable damages will be reduced by 20%. 

Importantly, this rule allows you to recover compensation even if you are predominantly at fault, though the award is adjusted accordingly.

Consulting a Personal Injury Attorney

As mentioned above, we always recommend speaking with an attorney if you plan on pursuing any legal action. Here are some tips on when to consult an attorney and how to choose the right one for your case: 

When to Consult an Attorney

Engaging an attorney early in the process is advisable. Legal professionals offer invaluable guidance on the viability of your claim, potential damages recoverable, and the general navigation of New York’s complex personal injury laws. 

Early consultation also ensures the preservation of crucial evidence, timely filing of your claim, and strategic planning for negotiations or trial, if necessary. The legal process can be a long one, and your lawyer will help you at every step along the way. 

Choosing the Right Attorney

Selecting an attorney who specializes in personal injury law and deeply understands New York’s legal landscape is essential. Look for professionals with a track record of successfully handling cases similar to yours, as this often indicates expertise and reliability. 

Consider their reputation, client reviews, and their approach to client-attorney relationships. A good attorney should not only be knowledgeable but also accessible and supportive, as dealing with personal injury claims can be emotionally taxing.

Filing a Personal Injury Claim

Here is a basic overview of the steps you will need to take to file a personal injury claim in New York: 

Initiating the Claim

To commence your personal injury claim, your attorney will typically file a complaint in the appropriate New York court. This document outlines the basis of your claim, identifies the parties involved, describes the injuries sustained, and specifies the damages sought. It initiates the legal process, signaling the start of your pursuit for compensation.

Navigating the Claim Process

The claim process involves various stages, including discovery, where both sides investigate the claim, gather evidence, and interview witnesses. You may also undergo independent medical examinations, and there might be pre-trial motions to address legal issues before the court. Being aware of these stages helps you actively participate and collaborate with your attorney, ensuring a smoother legal journey.

Documentation

Proper documentation is fundamental to substantiating your claim. This includes medical records, photographs, witness statements, police reports, and any other evidence that can support your case. Organized and comprehensive documentation strengthens your position during negotiations and, if necessary, in court.

Settlement Negotiations

If you have a viable case, you may receive a settlement offer or go to trial. 

Understanding Settlement Offers

Settlement offers are proposals the opposing party makes to resolve the case without going to trial. It’s crucial to meticulously review these offers, considering current and future medical expenses, lost wages, pain and suffering, and other damages. Your attorney will guide you on whether an offer is fair and in your best interest.

Negotiation Tips

Effective negotiation is an art. It requires a clear understanding of your case's value, strategic communication, and patience. Your attorney will typically handle this phase, countering low offers and presenting arguments to maximize your compensation. Trust their expertise but stay engaged in the process.

Going to Trial (if necessary)

If a settlement isn’t reached, your case may proceed to trial.

Preparing for Court

Preparation involves collaborating with your attorney to develop a compelling case, organizing evidence, and rehearsing for testimonies. Understanding court procedures and expectations can alleviate anxiety and improve your confidence during the trial.

Courtroom Procedures

New York courts have specific procedures and protocols. Familiarizing yourself with these can help you navigate the trial more effectively. Your attorney will guide you through the process, from jury selection to closing arguments, ensuring you know what to expect at each stage.

Get Yourself a Good Personal Injury Lawyer in New York

Recovering from a personal injury can be a major challenge physically, mentally, and legally. Navigating the complex legal landscape in New York can leave people feeling helpless. But with the professionals at Selingo Guagliardo by your side, you don’t have to face these challenges alone. 

Let us help you get justice for your personal injury claim. We proudly serve Corning, New York, as well as communities in Pennsylvania. Call Selingo Guagliardo today. We’re always happy to help.