From a car crash to a trip, slip and fall, a dog bite and doctor negligence, personal injuries come in many forms. And if you are a victim, your life can be turned upside down. If you sustain an injury as a result of someone else’s wrongful actions, you may hold them to account through a personal injury lawsuit.
However, negligence laws can be quite complicated. What you do immediately following the incident that resulted in your injuries can impact the outcome of your case. That said, here are simple, yet costly, missteps that can ruin your personal injury lawsuit.
1. Failing to put your evidence together
Just because you have broken bones or dog bite wounds doesn’t mean you have a case. There has to be evidence that ties your injuries to the defendant’s actions or inaction. This underpins the importance of gathering as much evidence as possible before going to court. Depending on the circumstances of your injury, some of the evidence you may need to obtain include:
- Photos of the accident scene and/or the hazards that caused your injury
- Eyewitness statements
- Police report
- Medical evidence such as x-rays, the doctor’s report, diagnoses, prescriptions and treatment records
Basically, keeping track of your injuries will go a long way in ensuring that you have the strongest case possible against the defendant.
2. Taking too long to file a claim
A personal injury can leave you severely hurt. However, while following through with your treatment, you need to keep in mind that you must file your claim within a certain timeframe. This is known as the statute of limitations period. In New York, you have three years from the date of the accident or incident that resulted in your injury to file a claim. Rarely is the statute of limitations extended or tolled.
No one leaves their home expecting to be caught up in some form of an accident. If you are a victim of one, however, you deserve financial restitution for the resulting damages. Understanding how New York personal injury laws work can help you protect your rights and interests while holding the negligent party accountable for their actions.