How to File a Personal Injury Claim in Queens, NY
Whether you’ve been in a motor vehicle accident or suffered medical malpractice, each personal injury case follows the same filing process. Your lawyer must follow each step with care to protect your rights.
Here’s a closer look at how to file a personal injury claim so you can be a more informed client.
Steps to File a Personal Injury Claim in Queens, NY
The personal injury case process begins immediately after the accident. There’s plenty of preliminary work before your legal team can file a lawsuit, from investigating what happened to working with insurance companies.
Remember that once you hire an attorney, they will handle the process for you. Your recovery should be your top priority.
Seek Medical Treatment
Even if you think your injuries are minor, you should still seek medical attention right away after the accident. This step isn’t just for your health and well-being. It also enters your injuries into your medical records.
Medical records document what injuries you sustained and the treatments you’re receiving for them. If you delay medical attention, it could both harm your long-term health and weaken a potential legal claim.
Be sure to follow all of your doctor’s recommendations and keep appointments with them and the specialists they refer you to. You should also get copies of medical reports and bills related to the accident in case you need to reference them later.
Gather Evidence
Collect and preserve as much information as possible about the accident, including the following:
- Photos of the accident scene
- Witness contact information
- Police reports
- Surveillance or dashcam footage
- Medical documents
- Documentation of lost wages
Only do this step yourself if you are able. You can also have someone you trust handle it for you while you receive medical treatment. Once you retain a lawyer, they can also find evidence that may be harder to secure. The more comprehensive your proof is, the stronger your claim will be.
Hire a Personal Injury Attorney
The legal process is not easy to go through on your own. You deserve an experienced personal injury attorney to work on your behalf. A few of the ways they can help you include:
- Evaluating your case’s strength
- Filing complex legal paperwork
- Handling insurance claims and appeals
- Representing you in settlement negotiations
- Going to trial if necessary
- Tracking and meeting all legal deadlines
Many injury law firms offer complimentary case reviews. They may also work on a contingency fee basis, meaning you only pay if you win your case.
Determine Liability and Negligence
For a strong case, your personal injury claim lawyers must identify who hurt you, establish that they acted negligently, and show that their actions directly caused your injuries.
The evidence gathered at the accident scene is only one component of a larger investigation. Your lawyer will obtain additional documentation, gather eyewitness accounts of what happened, and consult with medical experts on your current and future healthcare needs.
Calculate Your Damages
There are two types of losses in a personal injury claim. Some, called economic losses, have a fixed dollar value, including:
- Medical expenses, both now and in the future
- Rehabilitation costs
- Lost wages
- Lost earning capacity
- Property repairs and replacement
- Alterations to your home for accessibility
There are also non-economic losses with no fixed dollar value, such as:
- Physical pain
- Emotional distress
- Lost enjoyment of life
- Loss of consortium (spousal companionship)
- Disability or paralysis
- Disfigurement or scarring
Your lawyer will calculate your possible damages using receipts, bills, and special methods to ensure you pursue a fair amount of compensation.
File an Insurance Claim
Since New York is a no-fault state, personal injury claims for car accidents have a different process. No matter who caused the collision, your liability insurer can compensate you for medical bills and some of your lost wages. You can only file a lawsuit if your losses exceed the policy limits or your injuries meet a legal threshold.
For other types of injuries, such as product defects or slips and falls, the no-fault system doesn’t apply. Once your lawyer has concluded their investigation, they’ll write a demand letter to the responsible party’s insurer.
Negotiate a Settlement or Go to Court
Most successful personal injury lawsuits settle before the trial phase. Your lawyer will represent you in negotiations and try to reach a fair settlement. Sometimes, both sides agree to hire a third-party mediator who guides the case toward a resolution.
Insurance companies may try these tactics in the negotiation process:
- Making lowball offers
- Misrepresenting what they cover
- Blaming you for what happened
- Withholding information from their own investigation
- Ignoring evidence from your legal team’s investigation
- Delaying your claim
- Making a bad-faith denial
However, negotiations aren’t always successful. A good lawyer can hold insurers accountable when they aren’t willing to negotiate by taking your claim to trial.
How a Queens Personal Injury Attorney Can Help
Each step of the personal injury claim process requires precision. Some forms of evidence are hard to obtain on your own. Insurance companies may take advantage of someone’s inexperience in negotiations. Ultimately, going it alone is stressful, and it reduces the chance you’ll secure fair compensation for your injuries and losses.
By hiring an attorney you trust, you’ll have an advocate with the knowledge, resources, and experience to handle every aspect of the process. They’ll also understand Queens’s unique legal landscape and the needs of its diverse population.
Get in Touch with Our Queens Personal Injury Lawyers for Help
The team at The Tadchiev Law Firm, P.C. can answer your questions about filing a personal injury claim and evaluate your case. We have years of experience helping injured clients pursue justice against negligent parties. Since we limit our caseload, we can take a personalized approach that addresses your unique circumstances and concerns. As one client recently wrote:
“Thank you to Tadchiev law for making this process as smooth as possible! Great customer service and attention to detail.” – Christian Acuña
Contact our office today to get started with a free consultation.
About the Author
Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.