If you have suffered a bodily injury due to another party’s negligence in New York, you may be eligible to file a personal injury claim to seek compensation. But what exactly happens when someone claims a bodily injury in New York
The process can seem confusing if you haven’t filed a personal injury claim before. This guide will walk you through the steps so you know what to expect when filing a bodily injury claim in New York after an accident.
Steps for Filing a Bodily Injury Claim
Notifying the Insurance Company
Your first step after receiving medical treatment is to notify the at-fault party’s insurance company of your injuries. This puts the insurer on notice so they can start investigating the claim, including obtaining statements and assessing liability based on negligence.
Be sure to keep your initial notification focused on just the facts about how the accident occurred and what happened to you as a result. Anything said can affect negotiations down the road. Save detailed descriptions for your recorded statement.
Providing Medical Records
Documentation showing the full track of your injuries and losses from the accident, such as medical costs, lost wages, and pain and suffering damages, is a crucial part of any bodily injury claim.
So after filing the initial claim, the next vital step is providing all your medical records and bills to date related to the injuries, along with documentation of missed work attributed to recovering from the accident.
The insurance company will review these records thoroughly to correlate your injuries and treatments to the accident, helping them estimate the claim’s value. If there is a question as to whether injuries are tied to the event, more information may be requested.
Recorded Statement
Many insurance providers will ask to take a recorded statement from the injured claimant during the investigation of a bodily injury claim. Though not legally required in New York, refusing it could negatively impact your claim.
It is understandable to feel nervous providing a recorded account, but it is the chance to explain in full detail how the accident happened, the bodily injuries you sustained, subsequent medical treatments, and how the injuries affect your life and work.
Be sure when giving your statement to stick to just the facts you can prove. And don’t feel rushed into providing the statement. You can request to do it after treatments conclude.
Negotiating the Settlement
Once the insurer has completed their investigation and assessment of the bodily injury claim, they will provide a settlement offer to try resolving the claim. How much they offer depends on their estimated value for damages.
If you disagree with their valuation or denial of certain damages, be prepared to negotiate. Keep evidence of why their assessment is wrong by law. Stats show accident victims able to negotiate to get 3.5x larger settlements!
If the insurer refuses to pay reasonable compensation for your claim, you should hire an expert personal injury attorney in New York to negotiate on your behalf.
Filing a Lawsuit
If attempts to negotiate a fair settlement are unsuccessful, the next step is taking legal action by filing a personal injury lawsuit against the at-fault party.
Under the New York statute, accident victims have 3 years from the date of injury to file a lawsuit seeking damages for their sustained bodily injuries due to negligence.
An attorney can take care of handling the lawsuit filing process and complex legal matters like proving liability, evidence gathering, and arguing for damages at trial if a settlement isn’t reached beforehand.
The Bottom Line : Claims a Bodily Injury in New York
The process for getting compensation after suffering bodily injuries in an accident can be complex and lengthy. Hopefully, this breakdown better sets expectations for what happens when someone files a personal injury claim in New York.
Knowing what steps to expect – like notifying insurers, documenting medical damages, providing recorded statements and negotiated settlements – allows you to be prepared and get the maximum recovery possible.
