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Help! This is My First Time Filing a Personal Injury Claim

If you’ve stumbled across this page, chances are you’re looking for information on how to get started with your personal injury claim. And chances are, you probably wouldn’t be thinking of filing unless it was really necessary. You’re out of work. You’re dealing with expensive medical bills. Just trying to deal with the insurance company and readjust your life after an accident can be incredibly stressful. That’s why we’ve provided a comprehensive guide to let you know what information you need to get started with your claim, how long your case will take and why hiring experienced legal representation is paramount to getting your life back on track. 

How Do I Know if I Have a Personal Injury Claim?

First thing’s first: how do you know you have the basis to pursue a personal injury claim? The basis for a personal injury claim are based on four factors:

  1. Did the defendant owe a duty of care to the plaintiff (you?)
  2. Did the defendant’s actions cause a breach in this duty of care?
  3. Did the plaintiff (you) suffer damages as a direct result of this breach?
  4. Are your damages able to be compensated?

Damages that are eligible for compensation include medical bills, lost wages from being unable to work, pain and suffering and even emotional distress. Pain and suffering can include your physical pain resulting from either the accident and/or your injuries themselves or from the medical treatment you receive. Damages can also include funeral expenses in the event of a loved one’s passing. Individuals who lose a loved one in an accident may be able to recover the following from their wrongful death lawsuit:

  • Loss of the deceased’s expected income
  • Value of services the deceased provided
  • Medical bills
  • Loss of nurturing and care the deceased would have provided

What Kinds of Evidence Do I Need?

After any type of accident, be it a motor vehicle accident, construction accident or slip and fall, you’ll need to collect evidence that can support your claims. This evidence can include:

  • Your medical records and copay receipts
  • Eyewitness testimony
  • Any video or audio recording, including surveillance footage outside of a restaurant, store or at an intersection/worksite where the accident occurred
  • Photos of the accident scene, physical injuries and damage to your vehicle, if applicable
  • Police report

How Long Will the Process Take?

Depending on where you live, the amount of time you have to file a personal injury claim will vary. This is called the statute of limitations and it’s very important to be cognizant of because once this window closes, so does your opportunity to pursue a claim and receive compensation. In New York, injured residents typically have three years from the date the injury was sustained to file a lawsuit against the at-fault party. 

When it comes to the personal injury claim process, the amount it will take to settle your claim is dependent on several factors. For example, the length of this process might depend on how long your recovery is. In most cases, it’s recommended that a client not settle their case until he or she receives the most they can from their medical treatment. If you were to settle early, (while tempting), you may be missing out on valuable compensation if your injuries turn out to be permanent or require much longer care than initially thought. Settling too early could leave you in a precarious situation.

How Much Will This Cost Me?

Oftentimes, people may be nervous about filing a personal injury claim because they’re unsure of how much the process will cost them. At Proner & Proner, we provide free case evaluations, so you can know early on whether or not you have a claim you should pursue. Don’t hesitate to call us for a free consultation. Our team has decades of experience handling the most complex personal injury claims. We will work with you every step of the way to make sure your questions are answered and that you are fairly compensated for the turmoil you’ve been subjected to. Don’t suffer in silence; our firm is just a call away.

If you have questions about Proner & Proner, check out our testimonials page

Read more: How Do I Get The Best Settlement?

Contact A New York City Personal Injury Lawyer To Discuss Your Case In New York

Did you or a loved one sustain serious injuries in New York? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. Proner & Proner represents clients injured because of slip and falls, car accidents and construction accidents in Queens, the Bronx, Manhattan, Brooklyn, and throughout New York. Call 212-500-1003 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 60 E. 42nd Street, Suite 1503 in New York, NY 10165 as well as offices in Queens, Brooklyn, the Bronx, and Bethel, Connecticut.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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