What To Do, And What To Avoid, After Being Injured In An Accident

If you’ve been injured in an accident that wasn’t your fault, you shouldn’t be left paying the costs out of your pocket. Under New York state law, accident victims often have a right to recover damages from the person or party who caused their injuries. Depending on the circumstances of your accident, you could be entitled to significant compensation, both for your existing losses and your long-term needs.

However, the steps you take after being involved in an accident could impact your claim’s chances of success. Here’s what to do—and what to avoid—after being injured in a New York personal injury accident:

5 Steps To Take After An Accident

1. See the doctor

You should always see the doctor after an accident, even if you don’t think you’ve been seriously injured. Aside from being able to obtain treatment, going to the hospital provides the documentation you’ll need to file an insurance claim or a personal injury lawsuit.

2. Report the accident

Different types of accidents have different reporting requirements. Any accident — car crash, slip-and-fall accident, or unprovoked dog attack — should be promptly reported.

3. Protect your evidence

Preserve any evidence you have collected, including pictures or video of the accident scene, your medical records, and pay stubs showing a reduced income.

4. Follow through on treatment

Take your doctor’s treatment recommendations seriously. If your injuries worsen but you don’t make a good-faith effort to seek treatment, the defendant may not be liable for any complications.

5. Contact an attorney

You have your best chance of recovery when you have an experienced personal injury attorney. The Dietrich Law Firm P.C. has spent decades helping families in Buffalo and across Upstate New York assert their rights to a fair recovery. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based case for compensation, and we have the results to prove it. Please message us online or call us at 716-839-3939 to speak to an attorney and schedule your 100% free, no-obligation consultation.

3 Big Mistakes To Avoid After Being Injured

1. Apologizing for an Accident

Defense attorneys and insurance adjusters will often seize any excuse to limit liability.

You should never apologize for your role in a car accident. Even if you’re sure that your actions did not cause the collision, a simple “sorry” could be misconstrued as an admission of fault, making it more challenging to negotiate a favorable settlement or secure a court-ordered award.

2. Talking to an Adjuster Without an Attorney Present

Insurance adjusters employ a variety of tactics when investigating accident claims and initiating settlement negotiations. Some adjusters may pressure survivors into:

1. Providing recorded statements;
2. Authorizing the insurance company to access your medical records; and
3. Accepting a premature offer of settlement.

You may eventually be required to speak to an adjuster, but you should always have an attorney present to ensure the insurance company receives only the information it needs to complete its investigation. Without an attorney present, your words could be used against you in court.

3. Accepting a Premature Offer of Settlement

Insurance companies are beholden to their shareholders, which means they prioritize profit over all else. If you receive an early settlement offer, it may cover your medical costs, but it may not account for your other losses, which could add up in the long run.

Always contact a personal injury lawyer before making a decision you can’t take back.