Mistakes That Hurt Your Personal Injury Case In New York
Simply reporting your injuries and recording expenses that you have spent due to an injury from an accident is not the only thing you should do in a personal injury claim. There is much more involved for you to get the compensation you deserve.
There are many mistakes you can make that may jeopardize your personal injury case. Here are some examples.
Mistake No. 1: Don’t Follow Your Medical Care Plan
After an injury accident, you need to seek medical help. Doing this shows that the injury was a result of the accident. When you suffer substantial injuries you will get a care plan for treatment. This plan should be strictly followed. If you fail to do so, don’t take any prescribed medication, or don’t follow up with your physician, an insurance company can use this action against you to give you a smaller settlement.
Mistake No. 2: Don’t Provide Accurate Medical History
When filing a personal injury claim, insurance companies ask for authorization to get a record of your medical history. You need to be cautious when doing this. Always provide a truthful medical history, however, you only need to give your records on dates where you allow authorization. Your personal injury attorney can help you in doing this. This is vital because an insurance company will look at your medical history extremely closely. They will want to find anything to use against you.
Mistake No. 3: Missing The Statute of Limitations
In New York, for personal injury claims, you have three years to file a claim. If you miss the statute of limitations, then your case will be dismissed. So file as soon as possible.
Mistake No. 4: Settling On The First Settlement
Insurance companies understand that right after an accident you are extremely vulnerable. They use this against you when offering you a settlement. They understand you need money, and that you may be afraid that you won’t get a stronger offer. They know you may be afraid you won’t get a better settlement. Because of this, the first settlement offer is typically way below what you really deserve.
Mistake No. 5: Not Providing Strong Legal Details
A claim is more than the simple details of what happened, your injury, and the costs you incurred. You need to identify why the other party involved is at fault. Without this, your case can be weak and an insurance company can fill it with its own legal jargon. They can use this to try and reduce the compensation you deserve, and in some cases, try to deny your claim. Without a strong legal case, you will be fighting an uphill battle. And with injuries, this is stress you don’t deserve.
It is always smart–whether you are in a car accident, motorcycle accident, or pedestrian accident — to retain personal injury legal representation in New York which focuses on you and puts your interests first. At Gattuso & Ciotoli Law, we care and perform. Gattuso & Ciotoli Law knows the tactics of insurance companies. Contact us today to learn more about our personal injury practices.