In the chaotic aftermath of a severe workplace injury, it can be challenging to reason about getting legal help. Over 85% of White Plains’ population is employed. Filing a lawsuit should not be your first response after you’ve been hurt in an accident at work, but you shouldn’t ignore your rights, either.
A White Plains injury lawyer can help you with your worker’s compensation claim. It’s important to understand that time is of the essence in filing a lawsuit, and injured workers who procrastinate may jeopardize their rights.
Do You Have Evidence?
Evidence for a successful claim usually comes in one or both of two forms: eyewitness accounts or documentation from an expert witness, such as a doctor.
Employers are supposed to act reasonably safe, so they frequently depend on having some sort of proof that an accident was unavoidable.
If there isn’t any proof of what happened, it becomes your word against theirs – and without eyewitnesses or doctor’s opinions, you may have a hard time winning your case.
How Long Do You Have to File a Suit?
There are two key factors to consider about time limits for filing a personal injury suit: the statute of limitations and the deadline for accepting your workers’ compensation benefits.
If you miss either of these NY deadlines, it will be nearly impossible to win in court. You can typically sue an employer up to two years after the incident. However, if you’re trying to claim part or all of your workers’ compensation benefits, you must file within 30 days after your injury.
Do You Have Viable Claims Against Multiple Defendants or Only One?
If you’re hurt on the job in White Plains, you may have more than one defendant to sue. If your suit involves a personal injury and a workers’ comp claim, then it’s wise to name all possible defendants.
Decide who is responsible for what and list them in order of perceived likelihood that they’ll be able to pay for your damages, beginning with the person or business that has the deepest pockets.
Can You Win Your Case Even Though There’s No Written Record of What Happened?
When employers do not keep detailed records of accidents involving their employees, injured workers must use other methods to prove negligence.
This can include interviewing witnesses and getting medical opinions from doctors or other experts regarding your injuries.
Your employer will often claim that your injuries are not work-related, but if you can show another reason for them, you may be successful in claiming compensation.
Will Your Health Issues Worsen if You Don’t File Soon Enough?
If there’s any chance of your condition getting worse without the proper treatment, then it’s essential to seek legal help immediately. Injuries caused by accidents cannot worsen with time, but they could become more challenging to detect.
If you don’t remember what happened or how you got hurt, make a record of everything from the moment you were injured until now. Keep track of every detail and take note of changes in symptoms.
Filing a lawsuit with the help of a White Plains injury lawyer should never be taken lightly, but following the steps above will help ensure that your claim is solid from day one of your case.
