After an accident, you should take the following steps where possible: 

• Remain calm and exit your vehicle carefully.
• Call 911 to seek immediate medical treatment for your injuries. 
• Report the accident to the nearest local police department. 
• Document your injuries and gather witness statements, police reports, and accident scene pictures. 
• Document your medical expenses, health records, and other treatments received. 
• Document your personal account of the accident and how it has affected your daily life and work. 
• Inform your insurer about the incident. 
• Hire a skilled lawyer to help file your claims and negotiate a fair settlement with the insurer. 

However, New York operates using the "pure comparative negligence" rule. Under the system, in an action to recover damages for personal injury, one party’s contributory negligence shall not bar their ability to seek damages. However, the total amount of compensation they may recover will be reduced by their fault degree.  

According to New York State’s pure comparative negligence principle, you will still be eligible to seek compensation even if you were 99% liable for the accident or injury. 

Getting immediate medical attention after an accident is crucial for your health, safety, personal, and legal reasons. Even if you don’t feel hurt, you should still see a qualified doctor: 

• For your general well-being and safety. 
• To detect hidden injuries and symptoms. 
• For proper documentation of your injuries and medical treatments. 
• To comply with insurance requirements and avoid potential issues with the insurer. 

Talking with the insurance adjuster is never advisable because nothing good can come out of it. Unknown to you, the claims adjuster can interpret your statements wrongly or take your words out of context.  

Likewise, the claims specialist can use your statements against you in court or deny or undervalue your claims. The insurance adjuster may also ask conflicting questions to create irregularities in your statements. Therefore, ensure that you discuss this with your lawyer first before speaking with a claims adjuster. 

In New York State, the statute of limitations – maximum time period – for filing a personal injury claim is three years from the date of the accident or injury. Hence, you must bring a civil action to recover damages within three years of the incident. 

After an accident or injury, hiring a skilled lawyer is crucial to protect your rights. Your attorney can explore your options to recover damages, help file your claims, and guide you through the legal processes involved. Also, your legal counsel can help negotiate a fair financial settlement on your behalf or take additional legal actions if necessary.