Filing a Personal Injury Claim in NY

What you need to know about filing a personal injury claim in New York

At the personal injury law firm of Bisogno & Meyerson, LLP, we know that the time following an accident is one of confusion. Chances are that you know you need to file a claim, but are not sure how to go about it.

As attorneys with more than 62 years of experience in helping injured people among us, we have guided thousands of New Yorkers through the claims process — and have a track record of success in obtaining justice and compensation for them.

Frequently asked questions about personal injury claims

Here are answers to some of the questions clients ask us about filing a claim. While every case is different and this is not intended to replace the advice of a qualified, experienced Brooklyn injury lawyer at Bisogno & Meyerson, LLP, it may help you understand the process:

• If I’ve been in an accident, what is the first thing I should do?
• How do I know if I need a lawyer?
• What about no-fault insurance claims?
• If I was injured on government property, can I still file a personal injury claim?

If I’ve been in an accident, what is the first thing I should do?

If you have sustained an injury, you should get immediate medical help by calling 911.

• In any type of accident and if you are able, get names and phone numbers of any witnesses and take a picture of the scene.
• In cases of motor vehicle accidents:
  
  • Write down the other driver’s complete information: name, address, phone number, driver’s license number, insurance information (including the policy number, name and contact information for the insurance company or agent, and name of the insured), and license plate number.
  • Take pictures of the scene.
  • Tell the police what happened.
  • See a physician as soon as possible after an accident. Many injuries are not immediately evident, and it may take days or weeks before you feel pain or show symptoms.

How do I know if I need a lawyer?

If you or a family member has sustained an injury, including spinal cord damage, loss of limb (amputation), traumatic brain injury or other serious harm, chances are you need an attorney who can properly value your claim and make sure that you get the compensation you need for current and future medical expenses, loss of wages and earning capacity, and more. If you have lost someone you care about in an accident, your attorney can also help you file a claim for wrongful death.

What about no-fault claims?

New York no-fault insurance is also called PIP (Personal Injury Protection) and requires your insurance company to pay for your damages in the event of a car accident. There are strict deadlines for filing a no-fault claim:

• 30 days from the date of an accident to file an application for a no-fault claim with your insurance company
• 90 days from the date of the accident to file a claim for lost wages, which must be accompanied by evidence from your employer
• 45 days from the date of your accident for physicians and other medical care professionals or facilities to file medical bills

As your attorneys, we can help you navigate the no-fault claims process or determine fault in a personal injury claim.

If I was injured on government property, can I still file a personal injury claim?

Yes, but there are both specific timelines and documentation that must be met to ensure your rights. If you have been injured on New York City or other town, state or federal property or in a mass transit accident, it is imperative that you contact an experienced personal injury attorney immediately.

Contact us for answers to questions about filing a claim – and protect your rights!

We have helped thousands of injured people across New York City and throughout New York State. To schedule your free consultation, please contact us online or call us at 718.745.0880. We are also available to meet you at your home or in the hospital. We speak Spanish, French, and Portuguese.