If you suffered harm because someone else acted carelessly and are wondering whether you can handle a personal injury claim on your own, the short answer is no. It may seem like a cost-saving move to file without an attorney, but it can place you at a disadvantage when dealing with insurance companies and complicated legal procedures in Long Island, the Boroughs, and the rest of New York.
An injury from a car accident, slip and fall, or any other scenario can change your life. You may struggle with medical bills, lost income, and lingering pain or disability. Trying to recover damages without a lawyer’s guidance can result in an unfair settlement—or no settlement at all.
At Rosenberg & Gluck LLP, our personal injury lawyers handle cases in Suffolk County, Nassau County, and other parts of New York from our home office on Long Island or one of our many other local offices in your community. Our legal team can step in on your behalf, and our willingness to go to trial can protect your interests.
Why Filing a Personal Injury Claim on Your Own Can Be Risky
Personal injury claims involve multiple steps, such as gathering proof of liability, calculating damages, communicating with insurance companies, and filing the necessary court documents. Each step has legal requirements that vary from one jurisdiction to another.
In New York, certain laws apply to different types of personal injury cases, adding complexity for someone who has never worked on them. Handling a personal injury claim on your own can be risky for several reasons:
- Insurance Adjusters Often Aim to Lower Payouts: Insurance companies are businesses and frequently attempt to pay as little as possible. Adjusters are trained negotiators. If you represent yourself, you may miss certain damages or inadvertently reveal information that reduces the value of your claim.
- Evidence Can Be Overlooked: Evidence in a personal injury claim includes medical records, witness statements, photographs, traffic camera footage (in motor vehicle accident cases), and more. Missing or mishandling any single piece of evidence can weaken your claim.
- Legal Procedures Are Strict: New York personal injury law requires that certain steps be taken within specific time frames. Failure to file documents accurately or meet a statute of limitations can jeopardize your compensation.
- Complexity in Establishing Negligence: Many claims require thorough documentation of another party’s negligence. Proving negligence generally involves four elements: duty, breach, causation, and damages. Attorneys handle these concepts daily and understand how to show each element effectively.
- Potential for Underestimating Damages: Medical bills, lost wages, and pain and suffering are all included in a personal injury claim. Calculating the physical and emotional costs of an accident can be difficult without guidance. Overlooking certain expenses or future projected losses might reduce the amount you recover.
Rosenberg & Gluck LLP has a long history of advocating for individuals throughout the Long Island area. The firm regularly sees how self-representation can lead to pitfalls. Injury victims deserve an experienced voice on their side to navigate the legal system and negotiate with insurance companies, ensuring that they do not settle for less than they deserve.
The Value of Working with a Lawyer Who Is Willing to Go to Trial
When deciding how to handle a personal injury claim, having a lawyer who will take your case to court if necessary can be a turning point. Insurance companies know which attorneys routinely litigate. This knowledge can significantly affect their approach to negotiations because they understand that an aggressive stance or minimal settlement offer could end up costing more at trial.
Negotiation Leverage
One of the main reasons to hire a lawyer who is ready to go to trial is negotiation leverage. Insurance representatives often calculate the likelihood that you or your lawyer will push for full compensation. If they sense that you are prepared to accept anything to avoid a legal battle, they may offer a lower sum. Conversely, if your lawyer has a record of taking cases to a judge or jury, the insurance company may approach negotiations more reasonably.
Thorough Case Preparation
Attorneys who prepare for trial from the beginning of a claim tend to develop comprehensive strategies. They collect detailed evidence, identify relevant witnesses, and organize records effectively. This extensive preparation can pay off even if you never step foot in a courtroom. You end up with a robust case that highlights the severity of your injuries, along with the liability of the other party.
Confidence When Facing Defense Tactics
Defendants in personal injury cases often employ a range of strategies to minimize or deny damages. A lawyer with a history of trying cases in New York courts can respond more effectively to these tactics. Whether you were hurt in a car accident on Long Island or a slip and fall in Manhattan, a well-prepared attorney who is familiar with local laws, judges, and court procedures can manage your case so you can focus on healing.
Willingness to Invest in Your Case
Trial-focused attorneys often tap into various resources, such as accident reconstruction specialists, medical professionals, and economists, to prove damages. When an attorney invests in building a solid claim, it shows how committed they are to your case. This type of representation can make a difference when seeking fair compensation for lost income, medical expenses, ongoing treatment needs, and diminished quality of life.
How New York Law Can Affect Your Case
Every state sets its own rules for personal injury claims, and New York is no different. There are specific laws, procedures, and limitations that apply when someone in Suffolk County, Nassau County, the Boroughs, or elsewhere in the state suffers an injury because of another party’s carelessness.
Comparative Negligence
New York recognizes the concept of comparative negligence, meaning a plaintiff’s compensation may be adjusted if they share fault for the accident. If the court determines that you are partially responsible for your injury, your compensation could be reduced by your percentage of fault. For example, if you were 10% at fault for a car accident, your final award might drop by 10%.
Self-represented individuals often overlook how comparative negligence factors into settlement negotiations. Insurance adjusters may attempt to attribute more fault to you than is fair, reducing your potential payout. A personal injury lawyer who frequently represents victims on Long Island knows how to dispute unwarranted fault allegations and protect your interests.
Statute of Limitations
One of the most critical parts of filing a lawsuit involves the statute of limitations. In New York, the general civil statute of limitations for accidents is three years from the date of the injury. If your accident happened in New Jersey, that state sets a two-year filing deadline for many accidents. However, certain situations have unique time frames that differ from the norm:
- Wrongful Death Cases: New York sets a two-year time frame for filing a wrongful death lawsuit, even if the cause of death involves medical malpractice.
- Cases Against a Municipality: If your case involves suing a municipality, the deadline to file a notice of claim is typically 90 days from the date of the accident. Missing this notice of claim can bar you from seeking damages against the public entity that may have caused your injury.
Understanding these time frames is significant. A missed deadline can mean losing the right to pursue compensation, no matter how severe your injuries or how much your medical bills cost. An attorney who regularly handles personal injury cases on Long Island will keep track of these deadlines, especially if you need to sue a municipality or file a wrongful death lawsuit.
No-Fault Insurance in Motor Vehicle Accidents
New York is a no-fault state for car accidents, which means your own insurance company typically pays for your medical bills and lost wages up to the policy limits, regardless of who caused the crash. However, you can step outside the no-fault system and pursue damages against the at-fault party if your injuries meet a “serious injury” threshold. Serious injuries can include fractures, disfigurements, significant limitations of body functions, and more.
Claims involving no-fault laws can be confusing, and insurance companies may attempt to label an injury as minor. If you are handling a claim alone, you might not know how to challenge these designations or even realize you qualify for additional compensation outside of the no-fault system.
Caps on Damages
While New York does not enforce general caps on most types of personal injury damages, you will still need to demonstrate how your injuries led to financial and non-financial losses. Pain and suffering damages require thorough documentation and testimony. Submitting incomplete evidence or failing to note specific details can cause your potential award to drop significantly.
How Local and State Regulations Intersect
If your injury occurred in Suffolk County or Nassau County, you might encounter local regulations and filing processes that add a layer of detail to your claim. A slip and fall on a poorly maintained sidewalk in a particular Long Island municipality might involve different procedures for claims against a local government.
Working with Rosenberg & Gluck LLP, a firm with long-standing roots on Long Island, can help when your accident crosses multiple jurisdictions, such as traveling from Nassau County into Queens. The firm’s background in personal injury cases that span different localities in New York can help streamline processes, manage evidence collection, and ensure that all deadlines are met.
Common Misconceptions About “Do-It-Yourself” Personal Injury Claims
Making a personal injury claim on your own can be tempting when you are facing mounting expenses after an accident. You might assume you will save money by sidestepping attorney fees or that you can negotiate with the insurance company without legal counsel. However, several misconceptions persist about the feasibility of going it alone.
I’ll Save Money on Attorney Fees
Many personal injury lawyers work on a contingency fee basis, which means they do not charge fees unless they recover compensation for you. If you do secure a settlement or court award, the firm takes a percentage of that amount. Some people worry that attorney fees will leave them with less than if they settled independently.
Yet, an experienced personal injury lawyer often recovers far more than an unrepresented victim might secure on their own. The difference in compensation can usually cover legal fees and still leave you in a stronger financial position. With Rosenberg & Gluck LLP, you have the advantage of a dedicated legal team that handles the complexities, letting you concentrate on treatment and recovery.
I Can Negotiate with the Insurance Company Myself
While you have the legal right to negotiate, insurance companies handle claims every day. Their representatives know how to lower payouts through strategies like offering quick settlements before you understand the full scope of your injuries, downplaying the severity of your medical needs, or hinting that you share more fault than you actually do.
A lawyer can level the playing field by evaluating the insurance adjuster’s arguments, obtaining thorough medical and accident documentation, and pushing back against lowball offers.
Legal Procedures Aren’t That Complicated
Filing a lawsuit in New York involves multiple court rules and steps, including drafting a complaint, submitting evidence, meeting strict deadlines, and potentially preparing for depositions or a trial. Any error in filing or timing can weaken your case. A personal injury law firm familiar with the courts in Suffolk County, Nassau County, and other parts of Long Island will know how to navigate local procedures.
My Case Will Never Go to Trial
Many personal injury cases do settle before trial. However, reaching a fair settlement is more likely if the insurance company knows your lawyer is prepared to litigate. If you have no plan to bring your case before a judge, the other side might feel more comfortable offering a lower settlement.
I Don’t Have Severe Injuries, So Why Hire a Lawyer?
Even “minor” injuries can lead to medical bills, time off work, and long-term repercussions. The extent of some injuries, such as whiplash or soft tissue strains, may not be clear immediately. Even if you believe your injuries are manageable, a lawyer can help you accurately value your current and future expenses.
Legal Representation Makes a Difference: Contact Rosenberg & Gluck
Suffering a personal injury due to another’s negligence on Long Island, in the Boroughs, or elsewhere in New York can disrupt your life. Although filing a claim independently might appear to save money, it can lead to lost compensation, frustration, and an uphill battle against trained insurance adjusters.
Hiring a personal injury lawyer who is ready to negotiate or go to trial if necessary often increases your chances of securing an outcome that accurately reflects your physical, emotional, and financial losses. From managing evidence and deadlines to fending off lowball offers, a lawyer serves as your advocate during a challenging time.
Rosenberg & Gluck LLP is dedicated to helping injury victims navigate these complexities, from capturing traffic camera footage in a car accident to meeting strict court deadlines. We know that each personal injury case is unique. Whether you suffered a slip and fall in Suffolk County or a car accident in Nassau County, legal representation can help you pursue the compensation you need to move forward.
Rather than risking a “do-it-yourself” approach, reach out to a personal injury attorney who handles claims throughout Long Island and New York. That step can help you secure the fair and full damages you deserve so you can focus on your well-being and recovery. Call our Long Island office at 631-451-7900 or contact us online.
