Car accidents happen in an instant, but for those involved, the consequences can last a lifetime. Hitting your head during a crash can be especially frightening. You might feel dazed, confused, or unsure of what to do next. If this has happened to you, know that you are not alone—and that there are steps you can take to protect yourself both medically and legally.
We understand how scary this situation can be, and this guide is here to help. Whether your accident happened on the Long Island Expressway, Queens Boulevard, or near Times Square in Manhattan, a car accident lawyer can help you understand your rights and legal options.
Assessing Your Needs After a Car Accident
After a car accident, it’s natural to want to move on and try to put the incident behind you as quickly as possible, especially if you don’t feel severely injured. However, it’s crucial to seek medical attention—even if you feel okay right now. Many serious injuries, such as traumatic brain injuries or internal damage, don’t show symptoms immediately. A head injury, for instance, might not feel severe in the moment, but over time, you could develop headaches, dizziness, or other complications.
Getting evaluated by a healthcare professional ensures that any hidden injuries are diagnosed and treated promptly. This is not just important for your health, but it can also support your legal case. Medical documentation offers clear evidence that your injuries were caused by the accident. Even minor symptoms you mention to a doctor—like a lingering headache or occasional nausea—could be relevant in proving the severity and extent of your injuries.
Remember, your well-being comes first, and seeing a doctor after an accident is one of the best ways to protect both your health and your potential right to compensation. Prioritize a full medical exam, follow treatment recommendations, and keep records of your visits to build a solid foundation for your recovery and any legal claims you pursue.
What to Watch for After a Head Injury
After hitting your head, it’s important to pay attention to how you’re feeling in the hours and days that follow. Even seemingly minor symptoms could be signs of a more serious problem. Look for:
- Headaches
- Nausea or vomiting
- Dizziness or confusion
- Memory problems
- Sensitivity to light or sound
- Difficulty concentrating or feeling foggy
If you experience any of these, seek medical attention right away. You could have a concussion, traumatic brain injury (TBI), or another type of injury that requires treatment.
How Head Injuries Can Impact Your Life
A head injury can disrupt your life in ways you may not expect. From physical pain to emotional stress and financial strain, it can feel overwhelming. Maybe you’re unable to work, or perhaps you’re struggling to keep up with daily tasks. If you live in a fast-paced place like New York City, this disruption can feel even more challenging.
Then there’s the financial burden. Between hospital bills, lost income, and therapy costs, the expenses add up quickly. But here’s the good news—you don’t have to face this alone. There are legal remedies that can help ease this burden.
Legal Remedies After a Car Accident
When you’ve hit your head in an accident, you may wonder how to seek justice and compensation for what happened. If the accident wasn’t your fault, the law is on your side. Depending on the situation, you may be entitled to compensation to cover:
- Medical expenses (both current and future)
- Lost wages or incomes
- Pain and suffering
- Loss of earning capacity
- Emotional distress
However, getting the compensation you deserve isn’t always straightforward. Knowing your legal options can make all the difference.
Determining Fault in New York Car Accidents
New York is a no-fault state for car accidents. This means that regardless of who caused the accident, your own insurance (Personal Injury Protection or PIP) will cover basic medical expenses and lost income. But that’s not the whole story.
If your injuries are considered “serious” under New York law, you may be able to file a claim or lawsuit against the at-fault driver. Head injuries often fall into the “serious injury” category, which means you could pursue additional compensation beyond what your PIP covers.
What Counts as a "Serious Injury"?
Under New York law, serious injuries can include:
- Death
- Dismemberment
- Loss of a fetus
- Significant disfigurement
- A fracture or broken bone
- Permanent limitation of use of a body organ or function
- A medically determined injury or impairment that prevents you from performing daily activities for at least 90 days during the 180 days immediately following the injury
If your head injury has left you unable to carry on with your normal life, you may meet this threshold and have the option to seek additional damages against the at-fault driver.
Gathering Evidence to Strengthen Your Case
Building a strong case takes preparation. If you want to hold the responsible party accountable, you’ll need evidence to back up your claims. Consider:
- The Police Report: This document can provide critical details about the accident, including whether the other driver violated traffic laws.
- Medical Records: These not only prove your injuries but also offer insight into how they have impacted your life. Keep copies of hospital records, doctor’s notes, and any test results.
- Photos and Videos: Visual evidence of the accident scene and your injuries can be very compelling.
- Witness Statements: Did anyone see the accident happen? If so, their testimony could support your case.
Any evidence you can gather for your lawyer can help strengthen your case for compensation.
Dealing with Insurance Companies
After a car accident, dealing with insurance companies can feel like a second battle. While you may expect them to help you during this difficult time, it’s important to remember that these companies are businesses focused on protecting their profits. Their goal is often to minimize the compensation they pay out, which means they may not have your best interests at heart. For someone recovering from a head injury, this process can be especially overwhelming.
You might receive quick settlement offers that seem tempting, but these are often designed to close your case before the full extent of your injuries is understood. Adjusters may ask pointed questions, looking for statements that can be used to minimize your damages or assign fault to you. To protect your rights and secure the compensation you deserve, understanding how to handle these interactions is critical.
Tips for Handling Insurance Adjusters
Conversations with insurance adjusters can be tricky without the right approach. Keep these tips in mind to safeguard your claim and avoid costly missteps. Here’s how you can stay in control during these discussions:
- Be Cautious with What You Say: Stick to the facts of the accident. Avoid speculating or admitting fault.
- Don’t Accept the First Offer: Initial settlement offers are often low. It’s okay to negotiate or consult with a legal professional before agreeing to anything.
- Get Everything in Writing: Verbal agreements don’t hold up in court. Make sure all communication is documented.
Remember, you are under no obligation to talk to the other driver’s insurance company without legal guidance. Consider consulting with a lawyer first to ensure your rights are protected.
How Long Do You Have to File a Car Accident Claim in New York?
If you’ve been injured in a car accident, understanding how much time you have to file a claim is crucial. This timeframe is called the “statute of limitations,” and in New York, the rules can vary depending on the specifics of the case.
For most personal injury claims arising from car accidents, you typically have three years from the date of the accident to file a lawsuit. This applies to cases where you are seeking compensation for injuries caused by someone else’s negligence. However, waiting too long to act can weaken your case, as evidence may become harder to gather, and witnesses’ memories may fade.
There are exceptions to this general rule. If your accident involves a government vehicle, such as an NYC bus or a sanitation truck, the timeline to file a claim is much shorter. You must file a Notice of Claim within 90 days of the accident and may face a tighter deadline to begin legal action. Government-related cases are subject to strict procedural requirements, so it's vital to act quickly.
Another exception involves cases of catastrophic injury or wrongful death, which may present unique considerations. Regardless of the circumstances, it’s always best to consult a professional to understand how the law applies to your situation.
Acting sooner rather than later ensures that your case has the best chance of success. Not only does it preserve evidence, but it also keeps your options open—helping you secure the maximum compensation you deserve for your injuries and losses. Don’t delay in protecting your legal rights; the sooner you act, the stronger your case can be.
Navigating Common Legal Challenges
Of course, no claim is without its challenges. Here are some common obstacles accident victims face—and how to overcome them:
- Disputes Over Fault: If the other driver denies responsibility, evidence like traffic camera footage or expert analysis can help.
- Low Settlement Offers: Be prepared to push back and advocate for your worth.
- Contributory Negligence: Even if you were partially at fault for the accident, you might still recover compensation under New York’s comparative fault laws. Your award may simply be reduced by your percentage of fault.
How a Lawyer Can Help with Your Car Accident Case
Navigating the aftermath of a car accident can be overwhelming, especially when you’re managing injuries, medical bills, and the stress of dealing with insurance companies. A qualified lawyer can step in to handle the complexities of your case, giving you the time and space to focus on your recovery. Here’s how they can help:
- Understand Your Legal Rights: A lawyer will explain your rights and options, ensuring you know what compensation you’re entitled to and how the legal process works.
- Navigate the Legal System: From filing paperwork to meeting deadlines, an attorney ensures every aspect of your case adheres to New York's laws, including the statute of limitations.
- Investigate and Gather Evidence: They can collect crucial evidence like police reports, medical records, surveillance footage, and witness testimony to build a strong case.
- Handle Insurance Companies: A lawyer protects you from lowball settlements by negotiating aggressively with insurance adjusters who may try to minimize your claim.
- Prove Negligence and Liability: Establishing fault can be complex. An attorney uses evidence and expert testimony to demonstrate how the other party’s actions caused your injuries.
- Maximize Your Compensation: Lawyers assess the full value of your claim, accounting for medical bills, lost wages, pain and suffering, and future expenses to ensure you’re fully compensated.
Hiring an experienced lawyer means you don’t have to face this battle alone. Their knowledge and advocacy can make all the difference in securing the justice and financial relief you deserve.
Get the Help You Deserve
Hitting your head in a car accident can change your life in an instant, leaving you with physical pain, financial burdens, and unanswered questions. By understanding your rights, seeking medical attention, documenting your injuries, and pursuing legal remedies, you can start to regain control of your life.
The road to recovery—both physical and financial—can feel overwhelming, but remember that help is available. Whether you’re navigating insurance claims, determining fault, or gathering evidence, having knowledgeable guidance makes all the difference.
The personal injury attorneys at The Perecman Firm are here to stand by your side. With years of experience advocating for accident victims in New York City, Queens, and Long Island, our team understands the unique struggles you’re facing. We are dedicated to holding those responsible for your injuries accountable and securing the maximum compensation you deserve.
You’ve been through enough. Now it’s time to focus on your recovery while we fight for your future. Contact us today at (212) 977-7033 or through our online form for a free consultation. Together, we’ll explore your options and create a path forward. Reach out and take the first step toward justice and peace of mind—because you deserve nothing less.