Navigating Your Personal Injury Lawsuit in New York State

Suffering a personal injury can be a disorienting and stressful experience. Beyond the physical and emotional pain, you may be facing unexpected medical bills and lost wages. Pursuing a personal injury lawsuit is often a necessary step toward securing the compensation you deserve, but the legal process is complex and full of potential pitfalls. Knowing what mistakes to avoid can significantly impact your chances of success.

Napierski, VanDenburgh, Napierski & O’Connor, L.L.P. is here to help. Our team has extensive experience representing clients in Albany and across New York State. We understand the challenges you’re facing and are dedicated to guiding you through each step. To help you protect your rights, we’ve outlined the ten most common mistakes to avoid after suffering a personal injury, as well as ways that we can help you find solutions.

1. Waiting Too Long to Seek Medical Attention

One of the most critical errors that you can make after becoming injured is delaying medical treatment. Even if your injuries seem minor, it is essential that you get evaluated by a healthcare professional immediately. A medical record creates a direct link between the incident and your injuries, which is vital evidence for your case. Waiting can give the opposing party an opportunity to argue that your injuries were not a result of the accident.

2. Not Hiring an Experienced Personal Injury Attorney

The legal system is complicated, and insurance companies have teams of lawyers working to minimize their payouts. Attempting to navigate a claim on your own puts you at a significant disadvantage. An experienced personal injury attorney understands the nuances of New York law, knows how to negotiate with insurers, and is prepared to take your case to trial if necessary.

3. Speaking with the Other Party’s Insurance Adjuster

You should avoid giving a recorded statement to the other party’s insurance adjuster without your attorney present. Adjusters are trained to ask questions that may lead you to unintentionally harm your claim. Politely decline to speak with them and direct all communications to your lawyer.

4. Posting About Your Accident on Social Media

In the digital age, anything you post online can be used against you. Insurance companies will monitor your social media profiles for photos, comments, or check-ins that could contradict your claims about the extent of your injuries or the impact on your life. It is best to refrain from posting about the accident or your recovery altogether.

5. Failing to Document Everything

Thorough documentation is crucial. Keep a detailed file containing all accident-related information, including:

• Medical records, bills, and receipts
• Photos and videos of the accident scene and your injuries
• The names and contact information of any witnesses
• A daily journal detailing your pain, suffering, and the ways the injury has affected your daily life

6. Accepting the First Settlement Offer

Insurance companies often make a low initial offer, hoping you will accept a quick payout. This first offer rarely reflects the full value of your claim, which may include future medical expenses, lost earning capacity, and pain and suffering. Always consult with your personal injury attorney before accepting any settlement.

7. Not Following Your Doctor’s Treatment Plan

Adhering to your prescribed medical treatment is important for both your recovery and your legal case. If you miss appointments or stop treatment against medical advice, the defense can argue that you are not as injured as you claim or that you failed to mitigate your damages. 

8. Missing Important Deadlines (Statute of Limitations)

In New York, there are strict deadlines, known as statutes of limitations, for filing a personal injury lawsuit. In most cases, you have three years from the date of the injury to file a claim. Missing this deadline will likely result in your case being permanently barred. Consulting an attorney as soon as possible after your injury allows us to handle all legal filings on time.

9. Exaggerating Your Injuries or Damages

Honesty is always the best policy. Exaggerating the extent of your injuries or the financial impact of the accident can destroy your credibility and jeopardize your entire case. Be truthful with your doctors and your attorney about your symptoms and limitations.

10. Underestimating the Value of Your Claim

Many victims only consider their immediate medical bills and lost wages. However, a comprehensive claim can also include compensation for future medical care, long-term loss of income, permanent disability, emotional distress, and pain and suffering. An experienced attorney can help you calculate the full value of your damages to make sure that you are pursuing the maximum compensation to which you are entitled.

Your Trusted Legal Advocates in the Albany Area

Whether your case involves a car accident, a workplace injury, or medical malpractice, having skilled legal counsel is essential. Our firm provides representation across a variety of practice areas, including services from our auto accident attorney team, our malpractice defense attorney group, and our experienced labor law attorney specialists. We also offer professional mediation services to help resolve disputes efficiently.

If you have been injured due to someone else’s negligence, don’t make these common mistakes. Contact Napierski, VanDenburgh, Napierski & O’Connor, L.L.P. today for a consultation to discuss your case and learn how we can help protect your rights and secure the compensation you deserve.