If you have been injured in New York, here are the steps you can take to seek compensation:
- Report the incident to the appropriate authorities.
- Collect specific types of evidence
- File an insurance claim.
- Document all damages
- Contact a personal injury lawyer to understand your rights and options if the insurance settlement is unsatisfactory.
Act promptly, as there are time limits for filing personal injury claims. According to NY CPLR Section 214, a three-year statute of limitations generally applies to personal injury cases. This means if you have suffered a serious injury, you have three years from the incident date to file a lawsuit.
Failure to meet this deadline may result in your claim being time-barred under state law, preventing you from pursuing compensation through the court system.
To ensure that you meet all legal deadlines and maximize your chances of obtaining fair compensation, it is highly advisable to consult with an experienced personal injury attorney who can guide you through the process and protect your rights.
File a Claim Immediately with the Help of Our Personal Injury Lawyers
Ensure you submit all the requirements before the deadline.
1. Report the Incident to the Appropriate Authorities
The specific steps you should take will depend on the nature and location of the accident:
Car accidents
You are required to submit your accident report within 10 days from the accident date. Failure to do so may result in suspending your driver's license until your report is received.
To get started, you must complete and file the Report of Motor Vehicle Accident (MV-104) form (PDF). In addition,
- If the accident caused property damage only, you must exchange information (driver's license, insurance, and registration) with the involved drivers and file the MV-104.
- If a person is injured or killed, you are required by the NY State Vehicle and Traffic Law to notify the police and file the MV-104 immediately.
- If a parked vehicle or other property is damaged or a domestic animal is injured, you must locate the owner or contact the police.
Workplace Injuries
When a workplace injury or illness occurs, employers are required under Section 110 of the New York State Workers' Compensation Law to report the incident to their insurance carrier (insurer) on time. The Worker’s Compensation Board must also be notified directly by filing the Employer's Report of Work-Related Injury/Illness (Form C-2F).
In some cases, the employer's insurer or claims administrator may report the injury to the Board instead.
Slip and Fall Accidents
If the injury occurred on someone else's property, notify the property owner or manager as soon as possible.
If the injury happened at a business area, such as a store or restaurant, ask to speak with a manager and ensure they record the incident.
Other Personal Injury Cases, such as Dog Bites
If you or someone you know has been bitten by a dog in New York City, you must report the incident to the NYC Department of Health and Mental Hygiene (DOHMH).
You can call 311, the city's non-emergency service line. When you call, provide as much information as possible about the dog and the circumstances surrounding the bite, such as:
- A description of the dog
- The location and time of the incident
- The dog owner's information, if available
In situations where a dog is actively attacking, behaving aggressively, or poses an imminent threat to public safety, call 911 for emergency assistance. The police and animal control officers will respond to the scene to control the situation and ensure everyone's safety.
2. Collect Specific Types of Evidence
In accident cases, the evidence used typically falls under two main categories: real evidence and demonstrative evidence.
Real Evidence
This refers to any tangible object or sound recording of a conversation offered as evidence in a legal proceeding. For real evidence to be admissible, it must meet the following criteria:
- It must be relevant to an issue in the proceeding.
- It must be what it purports to be.
- It must not have been tampered with.
The proof required to establish that an object has not been tampered with and is what it purports to be depends on the nature of the object.
Objects can be classified as:
- Patently identifiable. These objects are easily recognizable, distinguishable and cannot be easily altered in any means.
- Fungible objects can be modified or contaminated. Hence why proof of it not being tampered with is required.
Demonstrative Evidence
This refers to visual, graphic, or sound aids used to explain or present a witness's testimony or the presentation of the proponent's case. For a visual or graphic aid to be admissible as demonstrative evidence, it must meet two criteria:
- It must be a fair and accurate depiction or representation of what it purportedly depicts or represents.
- It must help the factfinder better understand the testimony of a witness or the presentation of a party's case.
Demonstrative evidence is not considered real evidence but rather a tool to help clarify and support the testimony or arguments presented in the case.
When gathering evidence for an accident case, ensuring that real and demonstrative evidence meets their admissibility requirements is crucial. You can receive assistance from our experienced personal injury lawyer to strengthen the case and improve the likelihood of a positive outcome.
3. File an Insurance Claim
Auto Insurance
If you were injured in an auto accident, you can file an auto insurance within 30 days of the accident. Here are the steps you need to do:
Step 1: Contact your insurance provider immediately after the accident to inform them that you intend to file a PIP claim. |
Step 2: If the accident caused over $1,000 in damage or injury, you must file an accident report with the Department of Motor Vehicles. Your insurer will likely include Form MV-104 with any claim forms they send. If you (or a relative with whom you live) do not have an auto insurance policy and are injured by or while in an uninsured vehicle or a hit-and-run driver, you should file your claim for No-Fault benefits with MVAIC. |
Step 3: Insurers (or MVAIC) must send you an Application for Benefits and a letter explaining No-Fault coverage within five business days of receiving your notice of claim. Complete and return the application promptly upon receipt |
Step 4 (if necessary): If all or part of your No-Fault benefits are denied or paid late, you may: a) File a complaint with the department b) Request no-fault arbitration; or c) Bring an action in court. |
Worker’s Compensation
Workplace accidents may involve cases of dog bites or slip and falls. To file a claim, here are the steps to follow:
Step 1: Gather all necessary information, including: - Your contact information - Basic employment information - Details about how the injury happened and whether you reported the incident to your employer - Information about the nature of your injury or illness, the parts of the body affected, any treatment you received, and whether you lost time from work as a result of the injury or illness |
Step 2: Access the online C-3 employee claim form. |
Step 3: Complete the form with as much detail as possible. |
Step 4: Review and submit your claim before submitting. Once you are satisfied with your responses, submit the form electronically. |
Important Notes:
- No additional documents are necessary to file a C-3 claim form online.
- After submitting your claim, record your claim number and any correspondence with the Workers' Compensation Board for future reference.
4. Document All Damages
A record of all economic and non-economic damages you have incurred serves multiple purposes. You can use it for:
Insurance claims | Documentation of your injuries and related expenses will be necessary when filing an insurance claim to receive the compensation. |
Legal proceedings | If you decide to pursue legal action against the party responsible for your injuries, documented evidence of the damages you suffered will be crucial to support your case. |
Medical treatment | A record of your injuries can help your healthcare providers offer appropriate treatment and monitor your recovery process. |
Failing to document your damages can undermine your ability to receive the compensation and support you need to recover from your injuries and move forward with your life. To prevent this from happening, let our qualified attorney handle it so you can focus on your recovery and have peace of mind.
5. Contact a Personal Injury Lawyer
A personal injury lawyer is a legal professional who specializes in representing individuals who have been harmed due to the fault of another person, company, or entity. These lawyers have the knowledge, skills, and resources to help you with the complex legal system and fight for the compensation you deserve.
While some people may be hesitant to contact a lawyer, the reality is that working with a personal injury lawyer can make a significant difference in the outcome of your case. They can help you by:
- Ensuring that your legal rights are protected
- Dealing with insurance companies
- Investigating your case
- Can help you determine the full extent of your damages
At the Porter Law Group, we have decades of experience representing clients who have been severely injured. We have a proven track record of success in defeating insurance companies and their lawyers and obtaining top compensation for our clients’ pain and suffering, lost wages, and medical bills.
Our attorneys are not afraid to take on even the most complex and challenging cases. We are prepared to go to trial if necessary to secure the best possible outcome for our clients.
Get Maximum Personal Injury Compensation in New York
Our top-notch injury lawyers can help with your case.
Speak to a Personal Injury Lawyer Today
If you or your loved one got involved in an accident, understanding your legal rights and options is crucial. At the Porter Law Group, we specialize in providing comprehensive legal support for personal injury cases.
We work on a contingency basis, so there are no fees required unless we win your case. Our commitment is to protect your rights and secure fair compensation for your injuries.
For guidance on New York State's dog bite accidents and dedicated legal representation, contact us at 833-PORTER9 or email info@porterlawteam.com to see how we could help.