Things You Should Know About Your Personal Injury Accident
We run drills for tornadoes and fires, but not many people know what to do if they are injured in an accident. The legal team at David Resnick & Associates, P.C., understands the impact a personal injury can have on you and your family – and we work hard to obtain the maximum money damages to which you’re entitled. That’s why we have provided these tips on the steps to take if an accident happens to you.
General Personal Injury Guidelines
- Seek medical attention for your injuries as soon as possible. Even if you are concerned about the expense, it is important that you see a doctor. Injuries that result from an accident may not appear for days or weeks after the accident and leaving them untreated will lead to more pain and discomfort in the long run. If you do not seek medical treatment after an accident, insurance companies may use that as proof that your injuries were not serious.
- Write down what you can about the accident while it is still fresh in your mind. You may find it difficult, but documenting the accident is an important part of building a case for your claim. If you are acting as an advocate for a child or elderly relative, have them tell you everything they can remember about the accident and write it down for them.
- Keep a record of all doctor visits, medications and symptoms associated with your injuries. Any documentation you receive about medical treatments or property damage repairs should also be kept and provided to your attorney.
- Do not make statements to any insurance company representative, opposing attorney or investigators other than the police without talking to your own attorney first. If you do talk to the police, try to be as factual as possible about the accident rather than taking or assigning blame.
- Contact a reputable personal injury attorney. Personal injury lawyers have the experience and knowledge to provide the guidance you will need after being injured in an accident. David Resnick & Associates, P.C., can handle all aspects of your personal injury case including:
- Protecting your rights in accordance with the law.
- Completing all relevant paperwork.
- Negotiating with insurance carriers and responsible parties.
- Preparing for a lawsuit if necessary.
If you are injured in a car accident, you should:
- Call 911.
- Move your vehicle out of traffic if the property damage is minor.
- Do not make statements regarding fault to anyone at the accident site, including the responding officer. Simply state what happened. Be sure to tell the officer about any injuries you received in the accident.
- Write down your observations about the accident while it is fresh in your mind.
- See your physician about any injuries.
- Contact David Resnick & Associates, P.C., to discuss your case.
Learn more about Car Accident cases
Slip, Trip and Fall Accidents
If you are injured in a slip and fall accident, as a result of a broken or uneven sidewalk in New York:
- Report the incident to the police.
- Take photographs of the area.
- Map out where the defective sidewalk is in relation to surrounding buildings and streets.
- Take the names and contact information of any witness to the fall.
- Do give any written statements to any investigator.
- Consult with David Resnick & Associates, P.C., as soon as practicable after the accident.
- File a written Notice of Claim within 90 days of the accident.
- File suit within one year and 90 days – the statute of limitations for such an incident.
If you have been injured in a slip, trip and fall accident, or if you have lost a loved one due to a slip, trip and fall accident, please contact David Resnick & Associates, P.C.
Learn more about Slip, Trip and Fall Accident cases
Construction Site Accidents
Because construction accidents occur on the job, there is often a lot of misinformation about what the worker’s rights are regarding an injury. It is important to be aware that as an employee you have a right to:
- Compensation. If you are injured on the job, even if it is your own fault, workers’ compensation will help cover your basic expenses and needs. If you were injured by someone other than your employer or a co-worker – for example, the property owner, the general contractor or a subcontractor – you may have a right to file a third-party lawsuit. This can provide money damages beyond the limits provided by workers’ compensation.
What to do if you are injured in a construction accident:
- Seek immediate medical assistance.
- Report your injury to the general contractor or shift supervisor at the site of the accident.
- Write down the contact information of anyone who may have witnessed the accident.
- Have a friend take pictures of the work area in which you were injured, focusing on obvious safety hazards that existed at the time you were working at the site.
- Jot down a summary of any statements made by witnesses as to how the accident might have occurred.
- Contact David Resnick & Associates, P.C., for a free consultation about your claim.
At David Resnick & Associates, P.C., we understand how traumatic unexpected injuries can be and the stresses that can affect you and your family at this critical time. You can turn to us for the help you need in getting through this crisis. Contact the New York law firm of David Resnick & Associates, P.C., online or call us today for a free consultation about your accident in Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City.
Learn more about Construction Site Accident cases
NYC Personal Injury FAQs
If you need a personal injury attorney, or you’re uncertain whether your situation requires a lawyer, contact the New York law firm of David Resnick & Associates, P.C., online or call us at 917-722-1852 today for a free consultation about your case. To get started in learning about your case, read these NYC Personal Injury FAQs.
The legal team at David Resnick & Associates, P.C., understands the impact a personal injury can have on you and your family and we work hard to obtain the maximum money damages to which you’re entitled. We serve accident victims in Manhattan, Queens, Brooklyn, Staten Island, the Bronx and all of New York City.
Following are questions our clients often ask us about their personal injury cases.
A personal injury occurs when a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice. Common accidents that result in personal injuries include:
In order to have a personal injury case, you must be able to show that you have been injured, either physically or emotionally, by another person or legal entity, such as a business or corporation. You must also be able to prove that the person owed a duty of care to you, caused your injury through negligent or intentional conduct, and that you have suffered damages as a result.
In slip and fall cases, there are often a number of people or entities that may be held responsible for your injuries. For instance, if the business is renting space from a property owner, both the property owner and the tenant (the business) may be named as defendants by someone injured on the property. For an example of a slip and fall settlement, see our “About Our Cases” page.
First, get prompt medical treatment for any injuries you may have. Proper medical care should be your first priority. Then call a personal injury attorney who can help you protect your legal rights. Here are some additional steps you should take.
- Write down as much as you can about the accident itself. List your injuries and any other losses you have suffered as a result of the accident.
- Document the conversations you have with people who witnessed or were involved in the accident or the injury claim.
- Take photographs with your cell phone camera. Photographs should include the scene of the accident from all angles, the surrounding area, your injuries, and any property damage.
- While you are required to contact your own insurance company about the accident, do not provide a written or recorded statement to an insurance adjuster until you have spoken with an attorney.
- Obtain the names, addresses, and phone numbers of all potential witnesses of the accident.
Negligence is a legal concept that applies to situations where a person is injured by the actions of another. Negligence is generally defined as the failure to exercise reasonable care in a situation that causes or contributes to the injuries of another person. In civil court, an injured person can collect money damages if he can prove that his injuries were caused by the negligence of another person.
The type of damages you can recover for your injuries depends on the type and extent of your personal injury. The damages may include the following:
- Medical bills
- Lost wages
- Pain and suffering
- Physical disability
- Permanent scars
- Emotional trauma
- Mental anguish
- Loss of enjoyment
- Loss of love and affection
- Property damage
- Out of pocket expenses
Once you have hired an injury attorney to handle your case, you should consult with your attorney about who you should and should not speak to regarding your case. You should avoid any written or recorded statements without the approval of your attorney because they could later be used against you. You should not sign any forms (even releases of information) from any of the insurance companies because you may unknowingly sign away your right to bring a legal action. Even when you are dealing with your own insurance company, it is advisable to consult with your attorney before signing documents or accepting any settlements.
The statute of limitations, or deadline, for personal injury claims depends on who you are filing the claim against. In cases where you are suing another person, company or business for their actions against you, you generally have three years to file a claim. If you are making a claim against the state of New York or one of its agencies, you have 90 days from the date of the accident to file a notice of claim.
In some instances a statute of limitations can be triggered by a previously undiscovered injury. For example, some illnesses may not be diagnosed for years after exposure to a harmful product or chemical. To obtain more details regarding statutes of limitations that may apply to your case, consult with an experienced personal injury lawyer.
A personal injury lawyer will represent you in settlement negotiations or at trial to help ensure that all of your accident-related expenses are covered. An experienced personal injury attorney will investigate the circumstances of your injuries, identify all responsible parties, locate and interview any witnesses, and define a strategy to maximize the compensation for your injuries.
If you have other questions about your personal injury, contact the New York law firm of David Resnick & Associates, P.C., online or call us at 917-722-1852 today for a free consultation about your case.