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This information applies to most types of injuries: car accidents, slips and falls, trips, objects falling on you, etc.
What you do immediately after the accident is very important. It is imperative that you DO NOT DISCUSS WHAT HAPPENED WITH ANYONE. What you say now may be used against you later. If you require medical attention you should get it. IF YOU ARE INJURED GO TO A HOSPITAL IMMEDIATELY, DO NOT ASSUME YOU WILL GET BETTER. By delaying, you may cause much more serious injury to yourself. If possible, try to get names, addresses and phone numbers of witnesses, or if you are unable to, try to have someone else get this information. If the police are present get the accident complaint number. If the accident involves automobiles get registration, driver, owner, and insurance information.
Do not make comments about what happened to anyone as other people may hear you and this too can be used against you. As you may be seriously injured you may not know what you are saying and it will hurt you later.
Remember you must report certain accidents. If you are involved in a car accident, you should immediately call and file a written report with your insurance company. Further, if anyone is killed or injured, or property damage exceeds $1,000, you are required to file a report with the Commissioner of Motor Vehicles within 10 days. If anyone makes a claim against you, notify your insurance company immediately. It is also important that you immediately contact your attorney.
Time is very important for several reasons. First, as time passes, the accident site changes which may hurt your case. Although, it might be helpful for your attorney or a private investigator to visit the accident location if you do not call soon enough, you will lose this option. DO NOT MAKE THE DECISION THAT THIS IS NOT NECESSARY BY YOURSELF. Call your attorneys and see what they say.
Second, the time limit to begin your lawsuit may expire and then you cannot sue anyone. For some cases the time limit may be very short, AS SHORT AS 30 DAYS. So, do not wait!
NEVER DISCUSS YOUR ACCIDENT WITH ANYONE, ESPECIALLY THE INSURANCE COMPANY
The Insurance Adjuster Is Not Your Friend!
You should not settle any action until you consult with an attorney to discuss the strengths and weaknesses of your case.
GREENBERG & MEROLA SCORES VICTORY WITH APPELLATE COURTPlaintiff, a nine year old boy was playing on a quiet residential street with his friends when he was struck by a driver who wasn't watching out for children.
The boy was seriously injured but the court attempted to deprive him of his day in court because he could not explain exactly how the accident happened at the deposition. The boy's case was thrown out after the defendants made a motion for summary judgment.
But, we filed an appeal to the Appellate Division and overturned the
When You Snooze You Lose! or Act Fast or You May Not Be Able To SueWhen you are injured and go to see your attorney, a very important issue will be how long it has been since the accident occurred. This is because for ALL TYPES OF LAWSUITS, there is a time limit to begin a a lawsuit.
If you wait too long, you cannot sue the party that injured you. Keep in mind that many times in a lawsuit an investigation must be done before you can start the suit. It may take weeks or months of investigation before it is known who is the proper party to sue.
If you have already waited weeks or months before seeing your attorney, much valuable time may have been lost. DO NOT WAIT! Some time limits are very short. For example, to sue New York City or its agencies you must file a Notice of Claim within 90 days of the incident!
The time limit for negligence in New York State is three years. Although this seems like a long time, when you factor in the investigation that needs to be done, it is not such a long time period. Thus, every minute you delay makes it more difficult for your lawyer to build your case.
Product LiabilityIf you are hurt by a product, medication, implant, etc. you may have a lawsuit against the manufacturer for your injuries. Big product lawsuits in the past have resulted from asbestos, breast implants, Phen-fen (the diet drug) or any number of products that have blown up or have injured people in a wide variety of ways.
Hit And Run!! What Do I Do Now?Even if the car that hits you has left the scene and you are injured, you may still be able to get compensation for your injuries. This is because many states have special funds set aside to compensate the victims of automobile accidents. You must call your attorney immediately to make sure your rights are adequately protected.
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Prior results do not guarantee a similar outcome. Attorney Advertising. This website provides general information. Due to complexities and constant changes in the law, exceptions to general principles of law, and variations of state laws, seek professional legal advice before acting on any matter!
Some of the information on this website only pertains to certain states. Accordingly seek professional legal advice before acting on any matter.