Immediately following an accident, taking the appropriate measures is essential for safeguarding your personal injury claim. At Hausman & Pendzick, our proficient Harrison Personal Injury Attorneys understand how initial mistakes can impede the recovery of equitable compensation for medical bills, lost wages, and emotional distress. Please continue reading as this blog delineates the necessary steps to mitigate common oversights that could jeopardize your personal injury claim in New York.
Could Simple Errors Reduce or Eliminate Your Compensation Recovery Rights in New York?
Navigating a personal injury claim in New York can be complex, and unfortunately, seemingly small missteps can hinder your right to fair compensation. New York follows a pure comparative negligence system, meaning you can recover damages even if you were partially at fault; however, your compensation will be reduced in proportion to your degree of fault. For example, if your total damages are $200,000, and you are found to be 20% at fault for jaywalking, your recovery would be $160,000. This is because your recoverable amount is reduced by your percentage of fault.
To maximize your compensation, it is imperative to refrain from common errors. Such errors may diminish your eventual settlement or lead to the outright rejection of your claim, as they can permit the opposing party to transfer liability or challenge your credibility.
How Can I Avoid Mistakes That Harm My Personal Injury Claim?
Understanding the most common pitfalls and taking proactive measures to avoid them is vital for safeguarding your claim’s value. Here are the key mistakes to avoid:
- Delaying or Refusing Medical Treatment: Seek immediate medical assessment, even if you feel fine. Adrenaline can mask serious injuries, and symptoms may be delayed. Insurers use treatment gaps to minimize your claim. Medical records are essential to prove the nature and extent of your injuries.
- What to Do: Visit a physician or ER immediately after the accident. Clearly and accurately describe how the injury occurs and follow all of your doctor’s treatment recommendations.
- Speaking Directly to an Insurance Adjuster: Never speak directly to the at-fault party’s insurance adjuster or provide them with any statement, especially a recorded one, because their goal is to minimize your payout by looking for inconsistencies, admissions of fault, or opportunities to pressure you into a lowball settlement before the true extent of your injuries is clear.
- What to Do: Decline a recorded statement politely. Provide only your name and contact information. Instruct the adjuster to contact your personal injury attorney immediately, or state that you are seeking legal counsel and will follow up.
- Admitting Fault or Apologizing at the Scene: Saying “I’m sorry” or making any statement that suggests fault can significantly reduce your compensation.
- What to Do: At the scene of the accident, only exchange contact/insurance information and check on others. Discuss accident details only with the police; avoid fault discussions with others.
- Attempting to Handle the Claim Without Legal Representation: Trying to negotiate a personal injury claim alone against a major insurer puts you at a significant disadvantage, risking lost leverage, legal deadlines, and adherence to complex New York laws.
- What to Do: Consult a qualified personal injury lawyer promptly after your accident. They can provide clarity on your legal options and help prevent costly mistakes.