Suffering a personal injury can be a life-altering event. Whether it results from a car accident, slip and fall, medical malpractice, or workplace injury, knowing your rights is crucial to protecting yourself and obtaining the compensation you deserve.

If you’re in New York City and have been injured due to someone else’s negligence or intentional misconduct, understanding your legal rights will help you navigate the complex personal injury claims process more effectively.

This post will explain the fundamental rights you have in a personal injury case in NYC and why working with a qualified attorney can make all the difference.

The Right to Compensation

If you’ve been injured because of another party’s negligence, you have the right to seek compensation for your losses. This includes:

• Medical expenses: Costs for hospital stays, surgeries, medications, rehabilitation, and future medical care.
• Lost wages: Income lost due to inability to work during recovery or reduced earning capacity.
• Pain and suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
• Property damage: Repair or replacement costs for damaged personal property, such as a vehicle.
• Other damages: This may include loss of consortium, disfigurement, or punitive damages in certain cases.

New York follows a comparative negligence rule, meaning your compensation may be reduced if you are partly at fault for the accident. However, you still have the right to pursue damages proportional to the other party’s degree of fault.

The Right to a Fair Investigation

You have the right to a thorough and impartial investigation of the accident and injuries. Gathering evidence is vital to building a strong case, including:

• Photographs and videos of the accident scene and injuries
• Witness statements
• Police reports and medical records
• Expert testimony when necessary

An attorney experienced in personal injury law will know how to collect and preserve evidence effectively.

The Right to Legal Representation

You have the right to hire an attorney to represent you throughout the claims process or lawsuit. Personal injury law can be complex, involving negotiations with insurance companies, deadlines, and legal procedures.

Having an attorney ensures:

• Your rights are protected.
• You receive guidance on what to say and do.
• You have professional advocates negotiating for maximum compensation.
• Your case is filed correctly and on time.

Most personal injury attorneys work on a contingency fee basis, meaning you pay no upfront costs and only pay if you recover compensation.

The Right to Privacy and Confidentiality

Throughout the process, your personal information and medical records are protected by privacy laws. Your attorney will handle sensitive details discreetly and ensure your information is used only as necessary for your case.

The Right to a Timely Resolution

While some cases settle quickly, others may require litigation. You have the right to a timely resolution, and delays should be minimized whenever possible.

An attorney will work diligently to avoid unnecessary delays and move your case forward.

Understanding Statutes of Limitations

It’s important to understand that personal injury claims in New York have a statute of limitations, generally two to three years from the date of injury. Missing this deadline can result in losing your right to file a lawsuit.

Consulting with an attorney promptly ensures you meet all deadlines.

What to Do If You Are Injured

If you are injured in an accident:

1. Seek immediate medical attention. Your health is the top priority.
2. Document everything related to the incident.
3. Report the accident to the proper authorities or property owners.
4. Contact an experienced personal injury attorney as soon as possible.
5. Avoid giving recorded statements or signing documents without legal advice.

Final Thoughts

Knowing your rights after a personal injury in New York City empowers you to take the right steps toward fair compensation and recovery. The process can be complex and emotionally challenging, but you don’t have to face it alone.

Consulting with a skilled personal injury attorney early in the process can protect your interests and improve your chances of a successful outcome.

If you or a loved one has been injured due to someone else’s negligence, don’t hesitate to seek legal guidance to understand your rights and options. We recommend Warner & Scheuerman.