Navigating a delayed injury claim in New York requires careful attention to detail and a strategic approach. Please continue reading as we provide essential steps to consider if you find yourself facing this situation, and how our experienced Harrison Personal Injury Attorneys can assist you.
What Steps Should I Take If I Have a Delayed Injury After an Accident?
Contrary to popular belief, you can still file a personal injury claim in New York for a delayed injury. However, you must act swiftly once symptoms arise. A delay can weaken your case, making it much harder to receive compensation.
Even if symptoms don’t manifest immediately after an accident, visiting a medical professional is paramount. You must adhere to the doctor’s recommendations for treatment. By adhering to medical advice, you can prevent the opposing party from claiming that your injuries are insignificant or unrelated to the incident. Additionally, you must document everything related to the accident and your injuries. This includes taking photos of the scene and your visible injuries, keeping a detailed journal of your symptoms, keeping meticulous records of all out-of-pocket expenses related to the accident, and jotting down everything you remember about the accident.
How Can Delays Complicate a Personal Injury Claim in NY?
Insurance companies often employ a range of tactics designed to minimize the payouts on claims. One common strategy involves scrutinizing the timeline between an accident and the commencement of medical treatment. If there is a significant delay, the insurance company may question the validity and severity of your injuries, potentially arguing that the injuries either did not result from the incident or were exacerbated by the delay in seeking appropriate care. This can complicate your claim and reduce the compensation you might receive. Therefore, it’s essential to seek medical attention as soon as possible after an accident.
Furthermore, each state has a strict deadline, or statute of limitations, for filing a personal injury claim. The statute of limitations for a personal injury claim in New York is three years from the date of the accident. However, this timeframe can vary depending on the unique circumstances of the case. For injuries that are not immediately apparent, the three-year clock begins on the date the injury was, or reasonably should have been, discovered. If you miss the filing deadline, you will relinquish your right to seek compensation, regardless of the strength of your case.
The intricacy of these specific rules and exceptions necessitates consultation with a skilled attorney at Hausman & Pendzick to accurately ascertain the applicable deadlines for your particular circumstances. Connect with our firm today to schedule a consultation.