If you are a victim of a car accident, you know just how confusing the moments immediately following the accident can be. You may be confused about what happened, and you may be in pain from your injuries and focused on your medical needs. For example, it is not uncommon for a victim to suffer a traumatic brain injury such as a severe concussion, or a life-altering spinal cord injury. These injuries may render you immobile, cause you great pain, or leave you confused. If there were others in your car who were also injured, you will also be concerned about their well-being. However, it is also important to understand the steps that you must take, or that must be taken on your behalf to make sure your legal rights are protected. New York law gives victims of car accidents as well as victims of other types of personal injury such as medical malpractice the right to seek compensation for their losses. If you were seriously injured in a car accident such that you feel you need a New York Injury Lawyer it is critical that you immediately contact an experienced Nassau County Car Accident FAQs Lawyer who will work closely with you to ensure that you receive compensation for your losses.
Things to remember to do after a car accident Q. What should I do at the accident scene?A. It is important that you immediately contact the police even if you believe your injuries are minor. The police will review the scene, interview witnesses and put his or her observations in the police report. The police report may be critical evidence in determining fault. In addition, take photographs of both vehicles before they are moved as well as the surrounding area as those photographs may show evidence of road and weather conditions. Make sure you photograph any visible damage to your vehicle as well as your visible injuries.
Q. Should I go to the doctor?A. Yes. It is always a good idea to go to the emergency room. You do not have to go in an ambulance if you do not want to. However, soon after the accident you should go to a doctor to make sure that you did not suffer any serious injury. Some injuries such as back or head injuries may not show symptoms for hours or even days after an accident. Medical records are always important in determining damage awards.
Q. Is it okay to talk to the other driver's insurance company?A. While you should contact your own insurance company to let them know about the accident, you should not speak with the other driver's insurance company. The negligent driver's insurance company will attempt to convince you to quickly settle the case for an unreasonable amount. Your attorney should be the one communicating with the other driver's insurance company.
Pursuing a claimIf the negligence of another driver caused the car accident that resulted in your injuries, you can pursue a claim against that person for damages. To prevail you must first show that the driver had a duty to you to drive with care. Because New York drivers are expected to drive at a reasonable, prudent speed, to keep the vehicle under control, and to obey all traffic laws in order to not cause harm to others, then all drivers have a duty to other drivers. Furthermore, you must show that the driver's negligence caused your injuries and that you suffered damages. For example, if you sue to recover damages based on a back injury and a head injury, you must show that you sustained the back injury and the head injury in the car accident and that you did not hurt your back and head in a fall two days prior to the accident. Your medical records will provide key evidence as to the injuries that you sustained in the car accident. The negligent driver may have to pay for your emergency room visit, surgery, rehabilitation, visits to the doctor, medication, assistive equipment and future related medical expenses. In addition, the negligent driver may be liable for other economic losses you sustained such as lost wages or loss of earning capacity. The negligent driver may also have to compensate you for damage to your property, such as the damage to your vehicle. A court may also award you non-economic damages such as pain and suffering or punitive damages.
Nassau County Car Accidents FAQs LawyerIf you are injured in a car accident, your first priority should be to see to your medical needs. However, it is also important to understand that the steps you take immediately following an accident may have an impact on any claims you file. Thus, it is important to contact an experienced car accident attorney who will guide you through the process and make sure that your rights are protected. The staff at Stephen Bilkis and Associates is experienced in handling personal injury and wrongful death cases stemming from auto accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.