If you suffer an injury due to another’s negligence, you may be able to obtain compensation by filing a personal injury claim. Personal injuries often lead to expensive medical bills, lost wages, and an inability to perform certain daily tasks.
In a successful personal injury case, the victim may be able to recover damages for medical expenses, such as physical therapy, hospitalization, medical equipment, and prescriptions, lost wages, and emotional pain and suffering. How you handle the days and weeks after your injury can meaningfully affect the value of your claim.
Document Everything
Keep records of every medical visit, every expense related to your injury, and every way your daily life has been affected. Photos of visible injuries, copies of medical bills, and a simple log of missed workdays all help build a complete picture of your losses. The more thorough your documentation, the harder it is for an insurance company to dispute the extent of your damages.
Don’t Wait Unnecessarily to File Your Claim
Evidence fades and memories get less reliable the longer you wait. New York also imposes deadlines, known as the statute of limitations, on personal injury claims. Waiting too long can mean losing evidence you need or, in the worst case, losing your right to file at all.
Speak With an Attorney Before Speaking to Any Insurance Representatives
Insurance adjusters, including your own insurer’s representatives, are trained to minimize payouts. Statements you make early on, even ones that seem harmless, can be used later to dispute your claim. Speaking with an experienced personal injury attorney before giving any recorded statement helps protect you from saying something that gets used against your case.
Avoid Personal Injury “Settlement Mills”
Some firms are built around processing high volumes of cases quickly rather than maximizing individual results. These firms often push clients toward fast settlements rather than taking the time to fully understand the value of a case. A firm that prepares every case as though it might go to trial generally has more leverage to negotiate a fair outcome.
Don’t Reveal Details About Your Injury on Social Media
Posts about your accident, your recovery, or even unrelated activities can be reviewed by insurance companies and used to argue that your injuries are less serious than claimed. The safest approach is to avoid posting about your case, your injuries, or your daily activities until your claim is resolved.
How an Attorney Helps Maximize Your Results
Beyond avoiding these common pitfalls, an experienced attorney can identify all sources of compensation you may be entitled to, negotiate directly with insurance companies on your behalf, and prepare your case for trial if a fair settlement isn’t offered. This preparation often results in stronger settlement offers, since insurers know the firm is not afraid to litigate.
For general inquiries or a free case evaluation, please contact Gray Injury Law or call 212-537-7000 to learn more.
Frequently Asked Questions About Maximizing a Personal Injury Claim
Do I have to give a recorded statement to my own insurance company?
Policies vary, but it is generally best to speak with an attorney before giving any recorded statement, even to your own insurer, since statements can sometimes be used to dispute aspects of your claim later.
What is a “settlement mill” and how do I avoid one?
A settlement mill is a firm that processes a high volume of cases quickly, often pushing early settlements rather than fully developing each case’s value. Ask any firm you consider about their approach to trial preparation and how they evaluate case value.
What kind of documentation is most helpful for my claim?
Medical records and bills, photos of injuries and the accident scene, a log of missed work and daily limitations, and witness contact information are all valuable pieces of documentation.
How soon after an injury should I contact an attorney?
As soon as possible. Early legal guidance helps preserve evidence, protects you from early missteps with insurance adjusters, and ensures you understand the deadlines that apply to your case.
Can old social media posts unrelated to my accident still hurt my claim?
It’s less common, but insurers may still review your broader account history. The larger risk comes from new posts made about your daily activities or recovery while your claim is active.