What to Do If Your Injury Claim Is Delayed in NYC
After an accident, the expectation is usually that things will move forward in a reasonable amount of time. You reported what happened, sought medical care, and filed a claim. So why does it feel like nothing is happening? Delays in personal injury claims are common in New York City, but that does not mean you are without options. Understanding why delays occur and what steps you can take may make a real difference in how your situation unfolds.
Common Reasons Why Claims Get Delayed
Injury claims can stall for many different reasons, and not all of them are in your control. Insurance companies may take extended time to investigate the circumstances of an accident. There may be disputes about who was at fault, or multiple insurers may be pointing fingers at each other rather than resolving the claim. Medical treatment that is still ongoing can also slow things down, since it can be difficult to fully assess damages before you have reached maximum medical improvement.
In some cases, delays are intentional. Insurers are businesses, and dragging out a claim can work in their favor if it discourages claimants from pursuing compensation. Recognizing when a delay is unavoidable and when it is a tactic can be challenging without a clear understanding of how the process works.
Steps You Can Take While Your Claim Is Pending
There are meaningful things you can do while waiting for your claim to move forward. First, continue documenting everything. Keep records of all your medical visits, treatments, and any expenses related to your injury. Hold onto correspondence with insurers, and note dates and times of any conversations you have with claims representatives.
Second, make sure you are aware of applicable deadlines. Under New York Civil Practice Law and Rules (CPLR) Section 214(5), most personal injury claims in New York must be filed within three years of the date of injury. Missing this deadline can permanently bar you from recovering compensation, regardless of how strong your case may be. If a government entity is involved, such as the City of New York, the timeframe can be much shorter, sometimes as little as 90 days to file a notice of claim.
Third, keep your medical care consistent. Gaps in treatment can be used against you later to suggest your injuries were not serious or that you are no longer affected by them.
What to Watch Out For
Not every delay signals bad faith, but some patterns are worth paying attention to. If an insurer repeatedly requests the same documentation you have already provided, if phone calls go unreturned for extended periods, or if you receive low settlement offers without explanation, these may be signs that your claim is not being handled in good faith.
It is also worth considering whether your lack of representation is contributing to the delay. Claimants without attorneys sometimes find that their claims receive less urgency from the other side.
Reach Out to Our Team for Help Moving Forward with Your Claim
If your injury claim in New York City has stalled and you are not sure what to do next, we are here to help. At Jaroslawicz & Jaros, PLLC, our New York City personal injury attorneys have the experience and dedication to move claims forward and fight for the results our clients deserve. Do not let delays cost you the compensation you are owed. Contact Jaroslawicz & Jaros, PLLC at 212-227-2780 today to schedule a free consultation.
Source:
nysenate.gov/legislation/laws/GMU/50-E