You may have a parking lot injury case if your injuries were caused by another party’s negligence and if the statute of limitations has not expired for your claim. Even if you do have a claim, however, it’s important to realize that:
- What you do and don’t do after you’ve been hurt in a parking lot can affect your case.
- Multiple parties may be at fault for your injuries.
- Understanding your rights and legal options can be essential to making the right choices to position your case for the maximum available recovery.
To help those hurt in parking lots, here are some helpful answers about what to do after sustaining parking lot injuries and how to seek compensation in the aftermath.
What Should I Do After I’ve Been Hurt in a Parking Lot?
Whether you were a pedestrian or you were behind the wheel when parking lot accidents and injuries happen, take these steps immediately after an accident:
- Call 911 if you or anyone else needs emergency medical care.
- Exchange information with the other involved parties.
- Take pictures and/or videos of the site of the accident and any wreckage.
- Collect the name(s) and contact information of any witnesses.
- Do not say “sorry” or admit blame for the incident at any point.
- Only discuss the facts that you are completely certain of.
- Report the incident to your insurance company.
- Follow through with any ongoing medical care you may need to treat your injuries.
- Keep everything you have or receive related to the incident.
- Talk to an attorney to get important legal advice.
Often, parking lot injuries leave people severely injured or, in the worst cases, fighting for their lives. In these situations, victims should only take steps 1 and 10. An experienced attorney at the Law Office of Shafran & Rock, PLLC can handle everything associa
ted with a parking lot injury case while victims recover.
Who’s At Fault for My Parking Lot Injuries?
Fault will lie with the negligent parties, meaning those who caused or contributed to the event that hurt you. Most commonly, the events that result in parking lot injuries—and those who are liable for those events—include (and are not exclusive to):
- Car accidents, which are often caused by careless or reckless motorists
- Other motor vehicle accidents, which can be caused by the negligence of truck drivers, motorcyclists, and even negligent pedestrians
- Slip, trip, and fall accidents, which can result from dangerous premises and the negligence of property owners or managers
- Assaults in parking lots, which can also result in premises liability for property owners if security failures (or other failures) led to the assault
How Soon Do I Have to File a Case?
You have three (3) years under New York law to file a case and seek recovery for parking lot injuries. This 3-year timeframe starts counting down from the date of the injury. Specifically, this can mean the date on which the accident occurred or the date when the injuries are diagnosed (in cases when injuries, like traumatic brain injury or whiplash, take time to present themselves).
With the 3-year statute of limitations for parking lot injury cases in New York, please be aware that:
- Missing the window can bar claims: In other words, if you try to file a case after the statute of limitations has expired, your case can be dismissed. That can mean limited or no opportunities to seek compensation for your parking lot injuries.
- There may be exceptions to the filing deadline: For example, if the injuries end up being fatal, the statute of limitations would reset, and a 2-year deadline (from the date death) would come into play.
What Type of Compensation Is Available for Parking Lot Injuries?
Compensation for parking lot injuries can come in the form of out-of-court settlements, jury awards, and/or workers’ compensation benefits, depending on the details of a case. In general, however, when parking lot accident and injury cases are successful, they can result in compensation that may include damages for (and not necessarily limited to):
- Medical bills, including ambulance rides, ER visits, diagnostic tests, and ongoing medical needs to treat lasting injuries
- Lost earnings, including both past and future lost income, benefits, and other compensation
- Pain and suffering, which can be difficult to quantify but is generally related to the severity of the injuries suffered
- Loss of consortium, meaning the loses or impacts to close personal relationships (usually spousal relationships)
- Property damage
The best way to find out more about your potential claim and how to seek the compensation you may deserve is to contact the Law Office of Shafran & Rock, PLLC.
Call (845) 383-1170 or email Shafran & Rock, PLLC for a free, no-obligation case evaluation.