Top Mistakes That Can Hurt Your NYC Injury Claim
Getting hurt because of someone else’s negligence is stressful enough on its own. But did you know that certain missteps after an accident can seriously jeopardize your ability to recover compensation? Whether you were hurt in a car crash, a slip and fall, or a construction site incident, what you do (and don’t do) in the days and weeks that follow can make or break your case. Here are some of the most common mistakes that can weaken an injury claim in New York City.
Waiting Too Long to Take Action
Time is not on your side after an injury. Under New York Civil Practice Law and Rules § 214(5), most personal injury claims must be filed within three years of the date of the injury. Miss that window and you will almost certainly lose your right to seek compensation entirely, regardless of how strong your case might otherwise be. And if your injury involves a government entity, such as a city bus or a pothole on a public street, the deadline to file a formal notice of claim can be as short as 90 days. Do not assume you have plenty of time. Acting promptly matters.
Mistakes That Can Undermine Your Case
Beyond the statute of limitations, there are several other errors that commonly hurt injury claims:
- Not seeking medical attention right away. Waiting to see a doctor gives the other side room to argue your injuries were not serious or were caused by something else entirely.
- Skipping follow-up care. Gaps in treatment can raise questions about whether you were truly hurt or have since recovered.
- Posting on social media. Photos, check-ins, and even seemingly innocent updates can be taken out of context and used against you.
- Giving a recorded statement to an insurance company. Insurers may use your own words to minimize or deny your claim.
- Accepting a quick settlement. Early offers often do not account for the full extent of ongoing medical needs, lost wages, and other long-term impacts.
- Failing to document the scene and your injuries. Photos, witness contact information, and written notes about what happened can be critical evidence later.
Why Documentation Is So Important
Think about what you remember from a minor fender-bender five years ago. Memories fade, witnesses become hard to locate, and physical evidence disappears. Strong documentation preserves the details that support your claim. If you are physically able to do so after an accident, take photos of the scene, any hazardous conditions, visible injuries, and any damage to property. Keep records of every medical visit, prescription, and expense related to your injury. Save communications related to the incident. A well-documented claim is a stronger claim.
Contact Jaroslawicz & Jaros, PLLC for Guidance
If you or someone you love has been injured in New York City, you deserve to understand your options before making any decisions that could affect your case. The experienced New York City personal injury attorneys at Jaroslawicz & Jaros, PLLC have been standing up for injured New Yorkers for more than 45 years. Reach out to us as soon as possible to discuss your situation during a free consultation.
Source:
nysenate.gov/legislation/laws/CVP/214