What Are the First Steps You Should Take When Injured?
The first step someone should take is to take photographs. This would vary to a certain degree with the type of accident but it would be a good idea to always take photographs of something that might be dangerous and that caused the injury. Everyone has a camera right in their hands now because all cell phones come equipped with cameras, and it would generally go a long way towards documenting evidence.
The other step would be to get examined by the appropriate type of physician to document what injury the person had. They would need to do it very quickly and if possible, they should always report it to the police and get a police report because it would not be uncommon for an accident to happen and after the drivers exchange information, the other driver denies being there or denies being at fault.
When a police officer is there, then they would usually document everything that happened and everything everyone said, which would make it harder for someone to try and deny it later.
Would Social Media Help or Hurt Someone’s Case?
Social media can both help and hinder. It is very common nowadays for defendants to try and search people’s social media sites to try to prove that they were not really injured. If someone had an injury and posted pictures on Facebook or Instagram or any other social media sites of them doing things which would appear to be active, then the defendants could sometimes get access to that and can show it and say that the person was not really as hurt as they were claiming to be.
Other times it can be helpful where an attorney can search the defendant’s social media site and learn about them. Sometimes, there might be pictures that were taken close to the time of an accident, that showed they were out late at night or drinking, or in one particular criminal case we were be able to show that some people were drinking when they claimed they were not.
What Is The Statute Of Limitations And Does It Vary Between Injuries Or Accidents?
There are a lot of different types of limitations. It would generally be three years to file a lawsuit for a car accident case, but there are other limitations. For example, to obtain no fault benefits, which are the medical benefits and the payments for loss of wages, the person would have to file a no fault application within 30 days of the accident.
For a case involving any municipality or public authority like the transit authority or the bridge authorities, then in general, under state law, the person would have to file a notice of claim within 90 days and then the statute of limitations would be a year and 90 days. It would generally be one year for an assault and battery type of case or for any other intentional act. It would be two years for a wrongful death case, and it would begin and run from when the administrator was appointed.
What Are Some Common Mistakes People Make Upon Becoming Injured?
One of the biggest mistakes people make is not going to a doctor soon enough or not seeking medical treatment. In today’s environment, the longer someone waits to seek treatment, the more likely it would be for the insurance company to say that if the person had that condition, then they would have gotten it treated right away, but instead they waited two weeks so the injury they are claiming clearly is not from this particular condition.
Another big mistake is when someone goes to a doctor like a primary healthcare doctor or someone who was not a specialist for a condition that required specialized care. A lot of times, people will just go to their own doctor because they have a back pain, and then they might not go back for 4 months because they would just live with the pain.
Someone who has pain should get it looked at, diagnosed and treated properly, because the more time goes by, the more likely the insurance lawyers would say that the injury being claimed was not related to a particular accident, because the condition just either existed or the person waited too long because if the accident had really caused the condition then the person would have come right away with a claim.
Another big mistake people make especially after car accidents is that they go to the hospital and are told that they have no fractures. They will feel like something is wrong and they will have pain, but they will not know why and they do not go and see a doctor for long time.
The reality is that in the hospitals, most of the time they only do X-rays and X-rays only show bones, but they do not show a lot of the other tissues such as disks, nerves, tendons and ligaments, so a lot of times people have undiagnosed injuries, not to the fault of the hospital, but just because they did not do the more specific tests in the hospital that could have diagnosed the condition.
People could often be walking around in pain with injuries that needed surgery but they end up living with it because the hospital told them there was nothing wrong with them. They really would need to go to a more specialist doctor who could do all the tests like an MRI or other more sophisticated tests.
For more information on First Steps After An Injury, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 574-8330 today.