Common Accident Injuries FAQs

If you need a New York personal injury attorney, or you’re uncertain whether your situation requires a lawyer, contact the injury lawyers of David Resnick & Associates, P.C. online or call us at (212) 279-2000 today. We serve accident and injury victims in New York City – which includes Manhattan, Queens, Brooklyn, Staten Island, the Bronx.

The following are questions frequently asked by clients who have been involved in personal injury accidents.

1. What should I do if I think a car accident was at least partly my fault? Can I still make a claim for my injuries?

Yes, you may still be eligible for compensation for your injuries. In New York City, your own insurance company pays for your injuries and the damage to your vehicle, even if you caused the accident. If your insurance limits are not enough to fully compensate you, you may also be able to sue the other driver for your injuries. Avoid accepting blame or apologizing to the other driver, which can be used as evidence against you at trial. Instead, leave it to the judge or jury to decide who is at fault. There are many possible contributing factors or causes of an automobile accident. Your New York City car accident attorney can investigate and evaluate these possibilities and your potential for bringing a successful claim against the involved parties.

2. I was in an accident involving a city bus. I did not feel pain at the scene and refused medical treatment. Now, a few days later I am in pain. What should I do?

This scenario is more common than many traffic accident victims believe. If you feel pain a few days or even a week after the public transportation accident, visit your medical provider as soon as possible. This is important even if you believe the injuries to be minor. Continue treatment until your doctor releases you, and visit your doctor anytime you have symptoms that may be related to your injury, even months after the vehicle accident. Doing so creates a paper trail to link your injuries to the accident. Do not delay – the longer you wait after any type of motor vehicle accident to visit your doctor, the more difficult it becomes to prove that your injuries stem from the accident. Still, you may be entitled to compensation for your injuries, even if you did not receive medical treatment before leaving the scene of the accident.

3. What is a permanent injury?

“Permanent injury” is a legal term describing an injury that will restrict the employment or activities of the person for the rest of their life. Even years of physical therapy cannot heal such an injury. The permanent injury is one that results in the inability to use an organ for normal activity, even if only in a limited way. This physical or mental damage, also referred to as “permanent disability,” is a major factor in the awarding of damages in a personal injury lawsuit. In a lawsuit to recover damages caused by the negligence of another party, permanent injuries are considered to be more serious than those from which the victim will recover.

4. What are the most common injuries resulting from a car accident?

Car accident injuries may affect any part of the body. The most common are head, neck, and back injuries. Common head injuries resulting from a car accident include skull fractures, hematoma (bruises on the brain) and concussions. Neck injuries include disk injuries and whiplash, which is frequently associated with impacts from behind, and is an injury of the soft tissues of the neck causing pain and limitation of movement.

Internal organs, as well as upper and lower limbs, may also be injured during an automobile collision. Common injuries to internal organs include fractured ribs, punctured lungs and torn spleens. Fractures and sprains of the hands, arms, or shoulders are common, as are similar injuries to the legs and feet. Other injuries to the extremities include tears in the rotator cuff in the shoulder or the Achilles tendon in the heel.

Depending on the direction and strength of the impact, it is possible to injure almost any part of the body during an auto accident. If you have been injured in a car crash, contact an experienced car accident lawyer at David Resnick & Associates, P.C. to pursue a claim for compensation. We serve clients throughout New York City, including Manhattan, Queens, Staten Island, Brooklyn and the Bronx.

5. What are the most common injuries resulting from a slip and fall?

The injuries resulting from a slip and fall vary greatly depending on the severity of the accident. Victims frequently suffer bruises, scrapes, sprains, strains, and broken bones. Most injuries from a slip and fall are concentrated in the extremities, particularly the joints – wrists, elbows, shoulders, ankles, knees, and hips.

While these injuries heal relatively quickly, a serious slip and fall can result in more substantial personal injury, such as a spinal cord injury or brain injury, which causes permanent damage. In the worst-case scenario, the victim dies as a result of his or her injuries. Such cases may be considered wrongful death suits if the accident resulted from the property owner's negligence. Whether you have suffered a minor injury or a family member has died as the result of a slip and fall, contact an experienced slip and fall lawyer for guidance. We serve slip and fall victims throughout New York City, including Manhattan, Queens, Staten Island, Brooklyn and the Bronx.

6. Should I seek medical attention even though I don’t feel hurt?

Yes, it is always a good idea to seek medical attention as soon as possible following an accident of any kind, including a car accident, motorcycle accident, slip and fall accident or a construction accident. Never refuse medical treatment if it is offered. The driver and all passengers should be seen by a doctor, who may recognize injuries that are not yet causing you pain.

Even if you do not feel injured, it is quite common for pain to begin several days after the accident. Waiting too long to obtain treatment for potential injuries could hurt your claim for compensation. The longer you wait to receive medical attention, the harder it will be to prove that your injuries were caused by the accident.

Do not settle claims from an accident until you have been advised by a doctor. Otherwise, you may end up receiving compensation for your vehicle's physical damage, but not for your own injuries. Always contact personal injury lawyer as soon as possible after the accident to receive advice on your best course of action.

7. How is fault determined after a motorcycle accident?

Because New York is a “no-fault” state, it is not necessary to prove fault to receive compensation from your insurance company for your physical injuries and the damages to your motorcycle. However, if your insurance policy is not enough to compensate you for your injuries, you can go after the at-fault driver for any excess.

Determining who is at fault following a motorcycle accident is a matter of deciding who was careless, or negligent. The driver who failed to follow the rules of the road – for example, running a stop sign – is usually found to be at fault. In other situations, fault is more difficult to determine. In such cases, the party (or parties) who behaved in a negligent or careless manner will be found at least partially at fault for the accident. Typically, such cases are decided in a court of law, unless a settlement is reached before the trial.

8. What if I was not wearing a seat belt at the time of my accident?  Can I still recover damages?

Although wearing a seat belt is the single most effective thing you can do to avoid being injured in a car accident, you may still be able to recover damages for your injuries even if you were not wearing it at the time of the collision. In New York City, your insurance company will pay for your injuries and the damage to your vehicle, up to your insurance limits. If your injuries exceed these limits, you will need to pursue your claim against the driver. If the auto accident was the fault of another driver, you may still be able to recover damages, although not wearing your seat belt may reduce your claim, as the opposing side will likely argue that your failure to wear a seat belt contributed to your injuries. If you were involved in an accident and were not wearing your seat belt, you may need a skilled automobile accident lawyer to argue your side. Contact David Resnick & Associates, P.C. We serve car accident victims throughout New York City, including Manhattan, Queens, Staten Island, Brooklyn and the Bronx.

9. If I file a personal injury claim, will I have to go to court?

Not necessarily. You will only need to go to court if you are unable to reach a fair settlement with the other party. If they agree to pay what you and your personal injury attorney believe the case is worth, then you can settle without going to court. In fact, this is how most personal injury claims end. However, if you and the other party cannot come to agreement on fair compensation for your claim, the situation may require a formal trial proceeding.

Even if you believe that the case will be handled without a trial, hiring a personal injury lawyer is critical. Having a lawyer on your side ensures that the claim proceeds smoothly and that you do not settle for an offer that is not enough compensation for your injuries. In addition, your injury attorney can negotiate with the other party on your behalf, improving the likelihood of reaching a fair settlement without a trial.

10. I was in a car accident and the air bags in my car didn't deploy. Do I have a case against the car manufacturer?

If the air bags fail to deploy in an auto accident, serious injuries, including brain damage, can result. If this is the case, it is possible that you could have a case against the car manufacturer. If you have been inured because an airbag did not deploy, a car accident lawyer can assist you in receiving compensation for your injuries.

Whether an airbag deploys in an accident depends on several factors. In fact, it is possible to get into a serious accident without the air bags deploying. If this is the case, consult with an auto accident attorney, who can work with an engineer to investigate your accident to determine whether the airbags should have deployed. If the air bags should have deployed but did not, you may have a product liability claim against the manufacturer of your vehicle.