What to Do if you have been injured in an Automobile Accident:
If you have just been involved in an automobile accident, no matter how severe you think it is, there are several important things you should do and should not do to preserve and protect your rights under the law. Our law firm can assist and guide and ultimately be your advocate in seeking compensation on your claim. Below is a list of a few important specific steps and actions you should follow immediately following your accident.
Car Accident Do’s:
- Seek immediate medical attention if injured; be sure to document everything.
- Make sure you honestly discuss and inform any and all healthcare providers of your injuries, complaints, medical history and pain. Tell your doctors each and every area of pain, no matter how slight of pain it is. Properly and honestly documenting your complaints can be the difference between successfully recovering on your case.
- Take photos of any and all injuries.
- Take photos of any vehicles involved in an accident.
- Take photos of your car; documentation is vital.
- Report to police if they did not arrive.
- Get a copy of police report.
- Review police report and make corrections with police officer.
- keep a detailed accounting of any expenses you have accrued as a result of your accident, including gas and mileage costs incurred from traveling to and from your doctors office for treatment related to injuries sustain from your automobile accident, lost time from work, unpaid bills, co-pays if applicable, etc.
- Immediately contact and report a claim to your insurance carrier A.S.A.P. (There are strict time requirements and documents you need to send to your insurance carrier. We can fully assist you with this process and handle most of these actions for you when retained).
- Complete and submit an application for a no-fault insurance claim (NF-2), which enables you to receive medical treatment for the injuries you sustained in your automobile accident.
- Get an insurance claim number from your insurance carrier and the defendant’s carrier.
- Contact us immediately to discuss and preserve your rights. We will offer you a free consultation.
Car Accident Don’ts
- Do not discuss or share any of the details of your accident or injuries with anyone except your attorneys here at The Law Office of Gregory A. Goodman P.C.
- Do not post any details or photos regarding the details of your accident and injuries to Facebook, Twitter, or any other social media account. You should be aware that if you do, that information can be used against you and is often discoverable, which means you may have to share this information with the defendant should you pursue a lawsuit.
- Do not keep or fail to tell your healthcare provider the full extent of your injuries. Documenting the full details of your injuries and complaints can increase the chances of your success. Failure to document and failure to disclose honestly the details can result in decreasing your chances of recovery on your claim.
- Do not enter into any agreement with an insurance carrier, without first consulting and retaining an experienced personal injury trial lawyer and law firm skilled in litigation, personal injury and trial advocacy. Sometimes, when an insurance carriers knows they are liable, they may try to approach a victim and offer them money in an effort to save money. Their strategy is to get to you before you seek legal representation and before you know your legal rights. This often leads to a bad agreement and costs you money and aggravation. Therefore, it is imperative that you find out what your legal rights are before you enter into any legal agreement. Please contact us at the Law Office of Gregory A. Goodman, P.C. and let us take care of you and protect you. We can provide you with the necessary legal representation and let us try get you the compensation and justice you deserve.
Slip and Falls:
What do I have to prove in my slip and fall case?
In order to establish a case in a slip and fall case of negligence, you must demonstrate that the defendant created the condition which caused the accident, or that the defendant had actual or constructive notice of the condition. To constitute constructive notice, a defect must be visible and apparent and it must exist for a sufficient length of time prior to the accident to permit a defendant’s employee to discover and remedy it. Fontana v Fortunoff, 246 AD2d 626, 626 [2d Dept 1998]
A property owner may not be held liable for trivial defects, not constituting a trap or nuisance, over which a pedestrian might merely stumble, stub his or her toes, or trip. Baird v Four Winds Hosp., 140 AD3d 810, 811 [2d Dept 2016]. In determining whether a defect is trivial, the court must examine all the facts presented, including “width, depth, elevation, irregularity and appearance of the defect along with the time, place and circumstance of the injury”. “[T]here is no minimal dimension test or per se rule that a defect must be of a certain minimum height or depth in order to be actionable” Baird v Four Winds Hosp., 140 AD3d 810, 811 [2d Dept 2016].