CLEAR ANSWERS AFTER A NEW YORK ACCIDENT
New York Personal Injury FAQs
After a serious accident, it is normal to have questions about medical treatment, insurance companies, deadlines, legal fees, fault and what happens next. Vincent C. Loiodice, Esq. provides straightforward guidance based on the facts of each case.
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PERSONAL INJURY ANSWERS
You Do Not Have to Figure Everything Out Alone
Five Things to Know After a New York Accident
01.
Get Medical Attention
Do not ignore pain or symptoms after an accident. Prompt medical care can protect your health and create important documentation connecting your injuries to what happened.
02.
Preserve the Evidence
Take photographs and videos of the accident scene, dangerous condition, vehicle damage, visible injuries, and anything else that may later change. Keep reports, messages, receipts, and witness information.
03.
Be Careful With Insurance Companies
An insurance representative may request a recorded statement, medical authorization, or quick settlement. Consider speaking with an attorney before signing documents or giving a detailed statement.
04.
Do Not Wait to Investigate
Surveillance footage can be erased, dangerous conditions can be repaired, and witnesses can become difficult to locate. Acting early gives your attorney a better opportunity to preserve evidence.
05.
Know That Deadlines May Apply
New York personal injury claims are subject to strict deadlines, and cases involving a government agency or public property may require action much sooner. A free consultation can help identify the deadline that may apply to your claim.
GETTING STARTED
Starting a New York Personal Injury Claim
What should I do immediately after an accident?
Obtain necessary medical treatment and report the incident to the appropriate person or agency. When possible, photograph the scene, obtain witness contact information and preserve any damaged clothing, equipment or property. Avoid posting detailed information about the accident or your injuries on social media.
How do I know whether I have a personal injury case?
What if I did not take photographs or get witness information?
Can I bring a claim if I had a pre-existing medical condition?
A pre-existing condition does not automatically prevent a claim. The important questions include the person’s condition before the accident, whether the accident aggravated or activated that condition, the medical treatment required afterward and whether doctors can distinguish the prior condition from the new or worsened injuries.
Car Accidents and New York No-Fault Insurance
Basic no-fault insurance may pay qualifying medical expenses, a portion of lost earnings and certain other necessary expenses regardless of who caused the motor-vehicle accident. Basic coverage is generally limited to $50,000 per eligible person, subject to the policy and statutory rules.
Written notice should generally be submitted to the proper no-fault insurer as soon as reasonably practicable and no later than 30 calendar days after the accident, unless there is clear and reasonable justification for a late filing.
A person seeking pain-and-suffering damages after a New York motor-vehicle accident generally must establish a qualifying serious injury under the Insurance Law. No-fault benefits and a liability claim serve different purposes and may proceed at the same time.
Fault does not always end a claim, but New York now applies a special rule to personal-injury actions subject to the motor-vehicle no-fault law. Recovery may be barred when the injured claimant’s fault is greater than the fault of the person—or combined persons—from whom recovery is sought. When recovery is not barred, damages may be reduced according to the claimant’s share of fault.
Potential coverage may exist through uninsured-motorist insurance, household automobile coverage or the Motor Vehicle Accident Indemnification Corporation in qualifying cases. Hit-and-run matters can involve very short police-reporting and notice requirements, so they should be reviewed immediately.
DANGEROUS PROPERTY CONDITIONS
Slip, trip and property accidents
A claim often requires evidence that the responsible party created the dangerous condition or had actual or constructive notice of it and failed to correct or warn about the danger within a reasonable time. The precise legal standard depends on the property, condition and defendants involved.
Photographs, measurements, surveillance footage, witness statements, inspection records, cleaning logs, maintenance contracts, prior complaints, repair records, weather information and evidence showing who owned or controlled the location may all be important.
Possibly, but claims involving New York City, a public authority, public school or another public entity may require a Notice of Claim within 90 days and may involve additional procedural requirements.
A later repair does not necessarily eliminate the claim, but it may remove critical physical evidence. Photographs, measurements, video and inspection by an appropriate expert should be obtained before the condition changes whenever possible.
Workers’ Compensation and Third-Party Claims
Report the accident to your employer or supervisor promptly, obtain medical care and accurately explain that the injury occurred at work. Preserve photographs, witness information, equipment and other evidence connected to the accident.
Not every person performing work is necessarily a covered employee, and coverage can depend on the employment relationship, employer, type of work and other facts. A covered employee may be eligible for medical and wage benefits without proving that the employer caused the accident.
Sometimes. Workers’ compensation may provide benefits through the employment relationship, while a separate personal-injury claim may exist against a negligent driver, property owner, contractor, equipment company or another party outside that relationship.
Returning to work does not automatically prevent a workers’ compensation claim or personal-injury case. The analysis may include the medical treatment received, time missed, reduced hours, work restrictions, lost overtime, inability to perform former duties and any permanent limitations..
WHAT HAPPENS NEXT
Fees, Settlements and the Legal Process
No responsible lawyer can reliably value a case from the accident type alone. Important factors include liability, comparative fault, insurance coverage, medical treatment, surgery, disability, scarring, lost income, future care, the effect on everyday life and the strength of the available evidence.
Most plaintiff-side personal-injury cases are handled on a contingency-fee basis. The attorney fee is paid from a recovery rather than charged as an hourly fee. The written retainer agreement should explain the percentage, expenses and how any recovery will be distributed.
The time required depends on the investigation, medical treatment, defendants, insurance coverage, court, discovery, depositions, motion practice and whether the case settles or proceeds to trial. A serious case should not be rushed before the injuries and future needs can be properly evaluated.
Many cases resolve through settlement, but every strong case should be prepared with litigation in mind. A lawsuit may involve written discovery, depositions, medical examinations, motions, conferences, expert evidence and trial preparation.
No. The decision belongs to the client after receiving legal advice about the offer, risks, evidence, potential value, litigation costs and available insurance. A settlement becomes final after the required documents are signed and accepted.
PERSONAL GUIDANCE FROM THE BEGINNING
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Detailed Case Review
The accident, evidence, responsible parties, medical treatment, damages, insurance coverage and applicable deadlines are evaluated together.
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Still Have Questions About a New York Accident?
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Personal Injury Guidance in New York City and Long Island
The Law Office of Vincent C. Loiodice represents people injured in car accidents, dangerous-property incidents, construction accidents, work injuries, school accidents, nursing-home negligence and other serious personal injury matters throughout New York City and Long Island.
With offices in Staten Island and Elmont, Vincent offers in-person, telephone and video consultations. When injuries make travel difficult, meetings may also be arranged at your home, hospital or another convenient location.