Personal Injury Law

The Do's and Don'ts When You Are Injured In An Accident

By Mark Siesel, Esq.

When you or a family member are involved in a New York motor vehicle accident, slip and fall accident in the Bronx, from a dog bite, or on a construction site, for example, it is vital to remember the following:

Immediately get treatment at a hospital, doctor's office, or clinic, as insurance companies consider very closely the time between an injury and treatment. Thus, even if you think you're o.k., it's always better to make sure;

Report the accident immediately to the local police, and make sure that the investigating officer is aware of any pain that you are experiencing. This is very important, because insurance companies will aways make reference to the fact that the claimant "did not make any complaints at the scene to the officer." As a corollary to this, when you obtain a copy of the police report, if there are errors or inconsistencies with the diagram or the officer's description of what you told the officer at the scene, make an effort to have the officer file what is known as an "amended report", so that the insurance carrier can't use an erroneous admission against you.

Take photographs of any visible injury, especially with dog bites, scarring, bruising, and any other injury that is likely to begin healing before the insurance company has a chance to review the case. This point can't be stressed enough, since many of our clients come to our office after much of the visible areas of injury have begun healing, and this evidence can't be duplicated;

When in an auto crash, motorcycle accident, or truck accident, for example, take photographs of the damage to your car or motorcycle before it is repaired. This is critical evidence in establishing the extent of an impact, as well as which driver was primarily at fault. Once again, this is evidence which we often don't have to use for trial since clients frequently have the damage repaired before they come to our office;

In the case of a Westchester slip and fall accident, for example, it is vital that you get photographs of the condition that you fell on, whether it be a defective step, crack in the sidewalk, or hole in the pavement. Especially in cases involving private owners, if photos aren't taken immediately, the owner will often repair the condition before a claim is made, thus depriving the lawyer of solid evidence of negligence;

If you are involved in an automobile accident, immediately report the accident to your own insurance company to preserve your no-fault benefits and insure that your medical bills will be covered for your initial treatment;

Do not under any circumstances give a statement or recorded interview to the insurance company for the driver of the other vehicle;

Regardless of how "caring" or concerned" the other car's insurance representative appears to be about your injuries, do not sign any documents or prepare any reports of the accident until you have had the opportunity to meet with the attorney and discuss the case in detail--you may be signing a document which prevents you from bringing a claim in exchange for a completely inadequate amount of money.

If you have been in a motor vehicle, truck, motorcycle, slip and fall or a construction accident, or have been injured through a defective product or medical malpractice, contact The Law Office of Mark A. Siesel online or at 888-761-7633 for a free consultation to discuss your case with an aggressive, experienced lawyer that is devoted to seeking the maximum possible compensation for your injuries.

Full post as published by New York Legal Blog on September 25, 2008 (boomark / email).