Steps For Claiming Injury Compensation After A Road Accident
Posted on June 27, 2022 in Personal Injuries
Being involved in a road accident can be traumatic and result in life-threatening injuries. People may suffer from permanent physical and mental trauma and their lives would no longer be the same after the accident. Injury compensation is necessary and important after a road accident to ensure that the person who was injured can continue receiving medical treatment and support and to compensate for any potential loss of income. If you are involved in the accident, you will also have to deal with extensive paperwork about insurance adjusters and insurance companies. Here are some steps to help you claim injury compensation after a road accident.
Seek Medical Treatment
The first step you should do is to seek medical treatment and consult a doctor for a physical examination. This is because the doctor can determine the extent of your physical injuries and the medical examination also provides proof of your injury, thereby allowing you to make an insurance claim for your accident. You should also report the traffic accident to the police within 24 hours of the accident regardless of the severity of your injuries.
Obtain Evidence
To claim injury compensation, you will need as much evidence as possible to prove someone else was to blame for the accident and that you were innocent. Make sure that you collect the names, phone numbers, and addresses of those involved in the accident or any witnesses. You can also get help from the police in obtaining evidence and witnesses. Moreover, you should also keep any accident expenses such as wage losses, hospital prescription charges, and the costs of travel to the hospital.
It is important to note that New York is a no-fault state, which means that road accident victims have their medical bills and lost wages covered by insurance regardless of who was at fault. Evidence is crucial to prove fault in a road accident lawsuit as the lawyer who represents you must prove that your injuries were caused by the other party’s mistake and negligence. Even when it seems like liability in a road accident case is straightforward, it may turn out to be more complex because of New York’s comparative negligence law.
Seek Legal Advice
It is critical to seek legal advice as soon as possible after the accident to claim for injury compensation. You may also be eligible to pursue a lawsuit in civil court if the injuries you sustained are serious enough and result in bone fracture, temporary or permanent disability, and disfigurement.
Although the statute of limitations in New York is three years for road accident claims unless you are filing against a municipality, it is best to seek legal advice straight away so that your attorneys can investigate the road accident and collect as much evidence as possible while the case is still fresh. By seeking legal advice, you may be able to claim compensation against the other party involved in the accident for damages such as lost wages and future lost earnings, pain and suffering, and past and future medical expenses just to name a few.
Why Choose Pazer, Epstein, Jaffe & Fein, P.C.?
Here at Pazer, Epstein, Jaffe & Fein, P.C., we understand the challenges of recovering from an injury or the sorrow and tragedy of a loved one lost due to an accident. We will stand together with you and walk with you through this difficult time to ensure that you can recover well and are well-compensated.
Learn more about the steps to take for filing a claim after a road accident. Schedule an appointment with our motor vehicle accident attorneys today.