Accidents can happen anywhere: busy roadways, construction sites, inside stores, or —particularly in Western New York — on icy sidewalks. When someone is injured because of another person’s negligence, New York law allows the injured person to seek compensation through a personal injury claim.
Personal injury cases are commonly the result of car accidents, slip-and-fall incidents, unsafe property conditions, and defective products. In our area, winter weather is a frequent factor in injury cases. Snow, ice, and poorly maintained parking lots, driveways and sidewalks create dangerous conditions that lead to serious falls and injuries.
When someone is injured, the first priority should always be medical care. Even injuries that seem minor at first—such as neck or back pain after a car accident—can worsen over time. Prompt medical treatment not only protects your health but also creates important documentation if it becomes necessary to file a lawsuit.
Under New York law, an injured person may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident. However, proving a personal injury claim requires showing another party was negligent, and that the negligence caused the injury.
Timing is also important. In most personal injury cases in New York, the statute of limitations is three years from the date of the accident. If a claim involves a municipality, such as a city or county, a notice of claim may have to be filed in as little as 90 days. Missing these deadlines can prevent an injured person from pursuing compensation.
Insurance companies become involved quickly an accident has occurred. Since insurers often contact injured individuals soon after the incident, the injured party should be aware the goal of the insurer is to limit the amount of money paid on a claim.
For injured people in Western New York, understanding the following about filing a personal injury claim is essential:
- Careful documentation,
- timely medical treatment,
- and being aware of legal deadlines can make a significant difference in your ability to recover compensation after an accident.
This is why if you think you have a personal injury claim it’s important to retain an attorney with expertise in Personal Injury claims who will protect your rights.