An injury is bound to disrupt your life. Every year, Manhattan residents face medical expenses and lost wages as a result of unintentional injuries.
Between 2017 and 2019, the New York Health Department reported many emergency room visits caused by unintentional injuries. According to the report, an annual average of 4,698 visits resulted from traffic accidents – 299 from motorcycle accidents and 936 from pedestrian accidents.
Are you suffering from injuries sustained in an accident? If so, you may be one of many who wonder if there is a way to get compensation. Fortunately, there is. The law enables accident victims to file a personal injury claim seeking compensation from the at-fault party.
While the law allows injured victims to seek compensation, we must note several factors that affect the claims process. This article will discuss how an attorney can help you get compensated via Manhattan’s personal injury claims process.
What Kinds of Injury Claims Are There?
Many types of incidents can lead to a personal injury case. Some examples of personal injury claims include:
- Car accident claims
- Rideshare accident claims
- Truck accident claims
- Train accident claims
- Premises liability claims
- Dog bite incidents
- Medical malpractice claims
At Cellino Law, we help clients with all the claims mentioned above. The legal statutes applying to each type can complicate personal injury cases. However, with the aid of a knowledgeable attorney, the claims process becomes much simpler.
How Does the Claims Process Work in Manhattan?
A personal injury claim can be filed when an individual has been hurt out of someone else’s negligence. This claim is essentially a request for compensation for money lost and for injuries sustained due to the accident.
After an accident, you need to act quickly. If you miss filing deadlines or exclude crucial evidence, your case could be hindered. To get compensation in Manhattan, make sure to follow the general guidelines outlined below.
1. Get immediate medical treatment
Your health and safety are always top priorities. Seeing a doctor as soon as possible ensures that all injuries are properly treated. During your treatment, the medical professionals will also determine the cause of your injury and make records of it.
Your lawyer can use these records as favorable evidence in your personal injury case. However, if you do not seek medical attention soon after the accident, the at-fault party may argue whether you really had been injured. They could use argument in their defense to negotiate a significantly low settlement amount.
2. Gather relevant information
It is always wise to take pictures and videos of the injuries and damage immediately after an accident. Granted, doing so may not be easy because of the emotional shock or severity of your medical condition. However, you would do well to remember this tip in the event of a collision, fall, or another unfortunate incident.
If you could not take pictures after your car accident, you could request an accident report from the police. The police may have made a diagram and taken witness statements at the scene, which could be included in the report.
If you were hurt in some other way, you can request surveillance footage from establishments around the accident scene. It is advisable to seek help from a personal injury attorney before making this request.
Another valuable piece of evidence is a witness account. Get both permission and contact information from people around who saw what happened to you. Eyewitness statements can be crucial for building a convincing argument if your case goes to court.
3. Consult a Manhattan personal injury lawyer
Pursuing a personal injury claim on your own can be intimidating. But why put yourself through the added stress? Personal injury attorneys have years of experience with claims and lawsuits, so they know how to navigate the legal system.
A lawyer can also give you the information you need to understand how your case may turn out. For instance, your lawyer may go over the no-fault law and the statute of limitations that apply to your case and explain how these will affect your claim.
Without legal representation, accident victims are more likely to be taken advantage of and have their claims undervalued. However, lawyers are often taken more seriously because of their knowledge and experience with the law. Property owners, insurance companies, and other entities tend to respond better to cases filed by lawyers because of this.
4. Get familiar with New York’s no-fault law
New York is a no-fault insurance state. Regardless of fault, both parties receive compensation for damages from their insurance companies, which provide Personal Injury Protection (PIP) coverage.
If you have been involved in a car accident, you must notify your insurance company first. Your insurer can reimburse you for losses like medical expenses and lost wages.
However, the no-fault system has its limitations. If you want additional compensation for non-economic damages like pain and suffering, you can file a claim against the other party involved.
It is crucial to highlight that this no-fault system applies primarily to motor vehicle accidents. PIP insurance does not cover injuries from slip-and-falls, medical malpractice, or other incidents that don’t involve vehicles.
5. Calculate economic and non-economic damages
If you decide to pursue additional compensation, your lawyer can help you calculate the monetary value of your losses. Both economic and non-economic damages should be considered.
How to add up economic damages
Your insurance company may cover the following economic damages:
- Lost wages
- Rehabilitation services, like physical therapy or occupational therapy
- Diagnostic tests, such as X-rays, MRIs, and other imaging studies ordered by a medical professional
- Prescription medications
- Transportation to and from medical appointments
How to quantify non-economic damages
Accident victims who have sustained significant injuries deserve to be compensated for their emotional pain and suffering. Such non-monetary losses can be hard to quantify. Your personal injury lawyer can help you set the value for non-economic damages.
Non-economic damages include:
- Pain and suffering
- Emotional or mental distress
- Disfigurement
- Loss of enjoyment of life
It is difficult to assign a monetary value to someone’s emotional pain. However, lawyers and insurance companies have an agreed-upon method of calculating non-economic damages.
How to maximize your compensation
There are steps you can take to contribute to the success of your case. For one, keeping a record of your recovery can help you receive the maximum compensation.
You can document:
- How much pain you are in daily
- How the injuries affect your day-to-day activities
- How the injuries have affected your relationships with family and friends
- How the injuries have affected your mental health
How to negotiate damages
Once the at-fault party’s negligence has been established and damages assessed, settlement talks can begin. This is most easily and successfully done with the assistance of a personal injury lawyer.
At this stage, the insurance company may offer you a settlement. Accepting this amount would release the at-fault party from further blame. So before you agree, give the offer careful thought. You need an amount of money that will address all the losses you have suffered – even long-term expenses and harm.
Your lawyer will most likely take time to review the offer from the insurance company. Before recommending settling to you, an experienced lawyer will have made sure the amount offered is both fair and worth the value of your case.
If the offer is unfair, you can negotiate with the insurance adjusters until they agree on an acceptable amount. Alternatively, you and your lawyer could file a lawsuit to go after the settlement you deserve.
Need Help Filing a Claim? Contact a Manhattan Personal Injury Lawyer Today
Every personal injury claim has different legal requirements. This can make getting compensation more stressful for accident victims. But at Cellino Law, we have the knowledge and expertise to help you pursue financial recovery.
For over six decades, our team of highly experienced attorneys has been helping injured victims in New York and Connecticut. We are ready to fight for your rights and help you recover from your accident.
If you’ve been injured and would like to discuss your legal options, we would be happy to help. Get a free case review by filling out our online form or calling us at (888) 888-8888.