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When someone gets into a major accident causing serious injuries, they typically end up hiring a lawyer to seek damages on their behalf. But what about accidents that result in minor injuries? The victim could be tempted to handle the matter on their own.
However, there are several good reasons to retain legal counsel, even if your injuries appear minor. If you’ve been involved in a Garden City accident, regardless of its nature, find out how The Saul Law Firm, LLP can serve you.
The Truth About “Minor” Accidents
You may think you only sustained minor injuries after an accident – or no injuries at all – but here are a few reasons why the situation could be more serious:
- Hidden injuries: Certain injuries such as whiplash and concussion do not necessarily show up right away after a crash. The victim may develop them over time, and with them, incur significant medical bills.
- Long-term injuries: Similarly, a Garden City accident victim could develop long-term disabilities and chronic pain that may last for months or years. As with hidden injuries, the lack of immediate awareness of long-term problems may induce a victim to accept a low settlement offer.
- Property damage: A relatively minor accident with minor bodily injuries may still do rather serious damage to your vehicle or other property. Victims must not overlook the cost of property damage in their claims.
- Insurance disputes: Just because you did not sustain major injuries doesn’t mean the insurer is going to readily cut a check. Insurance companies have been known to downplay minor injuries and try to deny or underpay claims based on them.
The problem is that many victims accept a quick settlement offer from the insurance company before they realize their injuries or property damage are much worse. But if you do this, you will not get to ask for more money later. The insurer will require you to waive your right to take further legal action, leaving you stuck with the consequences of the “minor” accident.
How Long Do I Have to Make a Decision?
If you aren’t sure whether to hire a Garden City personal injury attorney, you should know that you do not have an unlimited amount of time to make a decision. Minor injuries involve two important deadlines that every victim needs to understand.
- No-fault insurance: New York has a no-fault insurance system in which victims suffering minor injuries must usually file a claim with their insurance company (see below regarding more serious injuries). A victim should file within 30 days or they could jeopardize the claim for benefits.
- Government entities: If an accident involves a government entity (e.g., a government-owned vehicle caused a car crash), specific rules apply to the claim. The victim must file a notice of claim within 90 days of the accident, and file a lawsuit within one year and 90 days.
What About the Statute of Limitations?
If your injuries end up being more serious than you originally thought, then you may be able to file a lawsuit. The victim can file a lawsuit if they suffered what the New York State Insurance Department defines as a “Serious Injury.” Examples of “Serious Injury” include:
- Bone fractures
- Permanent limitation of the use of a body member or organ
- Consequential limitations of use of a body organ or function
- Significant disfigurement
- Full disability for at least 90 days within the initial 180 days following the accident
Your Garden City attorney can review your circumstances to determine if you can file a personal injury lawsuit. If so, you will have three years from the date of accident to file, thanks to New York’s Statute of Limitations. Filing outside of this time period could result in your lawsuit being dismissed.
How a Lawyer Can Help
After being in an accident of any kind, you should see a doctor right away for a physical evaluation. Even if you think you were not hurt, or only suffered minor injuries, let your doctor make that determination. Be sure you follow all of your doctor’s recommendations, too.
Once you do this, it’s time to speak with an attorney. Your injuries may ultimately be minor, but an attorney can explain your legal rights and options. Our firm offers a Free Consultation so you can have peace of mind in making the best decision for your situation.
Count on The Saul Law Firm, LLP to work for you. If you suffered an accident or injury in Garden City due to someone’s negligent conduct, give us a call or complete our online contact form to schedule your initial consultation with us.