15 Essential NYC Personal Injury Claim Terms

If you were injured in New York City, you may be expected to understand an insurance and legal system that can feel like a foreign language while you are trying to heal, keep your job, and protect your family.

At Greenstein & Pittari, LLP, we believe you deserve clear answers and real support. This guide explains 15 essential NYC personal injury claim terms you are likely to hear from insurance companies, doctors, and lawyers, with a focus on New York City car accidents, serious injuries, and no-fault PIP claims.

Need help right now? Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation or contact us online. We represent injured New Yorkers in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

Why understanding NYC personal injury terms matters

Insurance companies and defense lawyers use legal terminology every day. Most injury victims do not, and that imbalance can affect your claim value, your timeline, and your ability to recover the compensation you need.

Knowing the basics can help you:

• Recognize when an insurance company is minimizing or delaying your claim
• Understand what your NYC personal injury lawyer must prove
• Know what deadlines and evidence requests really mean
• Make more intelligent decisions about settlement versus litigation

The 15 essential NYC personal injury claim terms

1) Accident Report

An accident report is a formal record created by an authorized person, often the NYPD, in traffic collisions. It documents what happened, where and when it occurred, and basic information about the people involved. In New York City personal injury claims, an accident report is often a key starting point for proving what occurred.

2) Claim

A claim is a formal request for compensation for harm, including physical injury, emotional distress, and financial losses. Many claims begin with insurance. A claim may be resolved without going to court, but it still requires careful documentation and strategy.

Insurance companies often require proof of loss, meaning records that show what the injury cost you, such as medical bills, wage documentation, and receipts.

3) Claimant

A claimant is the injured person seeking compensation. In NYC motor vehicle cases, a claimant may file a no-fault PIP claim, a liability claim, or both.

4) Claim Adjuster

A claim adjuster is the insurance company representative who investigates and evaluates injury claims. Adjusters may request records, ask questions, and discuss settlement. Their job also includes protecting the insurer’s financial interests. What you say and what you submit can affect the outcome.

5) Claim Denial

A claim denial occurs when the insurer refuses to pay a claim or part of it. A denial does not automatically mean your case is over. It often changes the path forward and may require additional documentation, appeals, dispute resolution, or litigation.

6) No-Fault Insurance and PIP

New York is a no-fault state for most car accidents. This means Personal Injury Protection (PIP) can pay certain benefits after many NYC car accidents, regardless of fault. PIP often covers medical expenses and certain wage-related losses, up to policy limits, before a liability case is pursued.

7) Accident Benefits

Accident benefits are payments made to people injured in motor vehicle accidents, regardless of fault. Depending on the circumstances, these may include:

• Medical and rehabilitation expenses such as treatment, therapy, and equipment
• Attendant care
• Income replacement
• Housekeeping or similar assistance in some situations

8) Bodily Injury Liability Coverage

Bodily Injury Liability (BIL) coverage is part of an auto liability policy that may pay for injuries to other people when the policyholder is legally responsible. To access this coverage, the injured person generally must show the insured driver is legally liable.

9) Policy Limits

Policy limits are the maximum amounts an insurance company will pay under a policy. Policy limits often shape settlement negotiations, especially in severe injury cases involving long-term treatment, disability, or permanent impairment.

10) Serious Injury

In New York car accident cases, you may be limited to no-fault PIP unless your losses exceed applicable limits or you meet the legal definition of a serious injury under New York law.

Examples commonly listed include:

• Fatal injury
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss or limitation of use of a body function, system, organ, or member
• Significant limitation of the use of a body function or system
• A non-permanent injury preventing normal daily activities for 90 of the first 180 days

11) Duty of Care

A duty of care is the legal obligation to act reasonably to avoid harming others. In NYC injury cases, the duty of care can apply to drivers, property owners, businesses, employers, and professionals.

12) Breach of Duty

A breach of duty occurs when someone fails to meet the duty of care. Examples include ignoring known hazards, failing to maintain safe conditions, or making unsafe choices that endanger others.

13) Negligence

Negligence generally means a failure to use reasonable care that results in harm. Many NYC personal injury cases require proof of:

• Duty of care
• Breach of duty
• Causation
• Damages

14) Causation and Proximate Cause

Causation is the link between the defendant’s conduct and your injury. It is not enough to show someone acted carelessly. You must show that the conduct led to the harm.

Proximate cause focuses on whether the injury is closely and logically connected to the wrongful conduct, meaning the type of harm was a foreseeable result of the unsafe behavior.

15) Damages and Settlement

Damages are the losses caused by an injury. In NYC personal injury cases, damages may include:

Economic damages

• Medical expenses
• Lost wages
• Reduced earning capacity
• Future care and future costs tied to the injury

Non-economic damages

• Pain and suffering
• Emotional distress
• Disability or loss of enjoyment of life
• Disfigurement or dismemberment in severe cases

A settlement is an agreement resolving a case without trial, typically involving payment in exchange for the release of claims. Many insurers require a settlement release. Once signed, you generally cannot reopen the case for additional compensation related to the same incident.

If disputes are not resolved, the case may proceed through:

• Mediation, a guided negotiation with a neutral third party
• Arbitration, an out-of-court process where a neutral decision-maker resolves the dispute, often in a binding way

NYC personal injury case steps you may hear about

Discovery

Discovery is the evidence-exchange phase where both sides request and review records, documents, and testimony. Discovery can affect settlement value because it reveals what each side can prove.

Verdict and Judgment

A verdict is the final decision made by a judge or jury at the end of a trial. A judgment is the official court outcome.

NYC personal injury cases we handle

Greenstein & Pittari, LLP represents injury victims across New York City in cases including:

• NYC car accidents, taxi accidents, Uber and Lyft crashes, and truck collisions
• Pedestrian accidents and bicycle accidents in New York City
• Slip and fall accidents and dangerous property conditions
• Construction accidents and workplace injuries
• Medical negligence and malpractice claims
• Product liability claims
• Wrongful death lawsuits

Not sure what your case counts as. Could you call us anyway? Getting answers early can protect your rights and preserve evidence.

Free consultation with Greenstein & Pittari, LLP

You deserve more than forms, phone calls, and fine print. You deserve a NYC personal injury law firm that can explain what is happening, protect your claim, and fight for the compensation you need to rebuild.

Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation, or contact us online. We serve clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, with seven convenient office locations across New York, including Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.

FAQ: NYC personal injury claim terms and process

What is the legal term for a personal injury case in New York City?

Personal injury cases are often referred to as tort claims, meaning civil cases involving harm caused by negligence or misconduct.

What is the difference between a claim and a lawsuit?

A claim usually starts with an insurance demand for compensation. A lawsuit begins when a case is filed in court. Many NYC injury cases start as claims and become lawsuits if the insurer refuses to pay fairly.

What do I have to prove to win a NYC personal injury case?

Most cases require proof of duty, breach, causation, and damages. Evidence can include medical records, accident reports, witness statements, photos or video, and expert opinions.

What does preponderance of the evidence mean?

It means it is more likely than not that the defendant’s conduct caused the injury. It is often described as just over 50 percent.

Can I recover compensation if I was partly at fault in New York?

Yes. New York follows comparative negligence, meaning you can still recover compensation, but your percentage of fault may reduce your recovery.

What is the difference between economic and non-economic damages?

Economic damages are financial losses, such as medical bills and lost income.
Non-economic damages reflect the human impact, like pain, suffering, emotional distress, and loss of enjoyment of life.

What counts as a serious injury in a New York car accident?

Serious injury can include fractures, significant disfigurement, certain permanent or significant limitations, and the 90-day out of 180-day rule. Meeting the serious injury threshold can allow you to pursue compensation beyond no-fault PIP.

What should I do if an insurance adjuster calls me?

Be cautious. Adjusters work for the insurance company, and statements can be used to reduce or deny claims. It is often safest to get legal advice before providing detailed statements or signing paperwork.

If my claim is denied, is my case over?

Not necessarily. A denial may be challenged with additional evidence, appeals, negotiation, dispute resolution, or litigation, depending on what was denied and why.

What are policy limits and why do they matter?

Policy limits the maximum an insurer must pay under the policy. In severe injury cases, policy limits can affect your settlement strategy and recovery options.

How long do I have to file a personal injury lawsuit in New York?

Many personal injury claims have a three-year deadline from the date of injury, but exceptions apply. Deadlines can be shorter in some instances, especially when a government entity is involved. Could you speak with a lawyer early to confirm the correct deadline?

How much is my NYC personal injury claim worth?

It depends on the severity of the injury, medical costs, time out of work, long-term impact, and the strength of liability evidence. A lawyer can estimate value after reviewing your treatment and documentation.

Do I have to pay upfront to hire Greenstein & Pittari, LLP?

No. The consultation is free, and we work on a contingency basis. You do not pay us unless we are successful. That is our Fee Guarantee.

Why choose Greenstein & Pittari, LLP

• Local Harlem office for convenience and trust
• No fee unless we win your case through our Fee Guarantee
• Bilingual services available
• Hundreds of positive client reviews and testimonials
• We handle the insurance companies so you can focus on healing
• Top-rated, award-winning lawyers with recognition from Best Lawyers and Super Lawyers
• Seven convenient New York locations, including Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County

Don’t Be a Victim Twice. Call 1-800-VICTIM2 (1-800-842-8462).

Could you talk to a NYC personal injury lawyer today?

You should not have to learn legal language just to be treated fairly. If someone else’s carelessness caused your injury, Greenstein & Pittari, LLP is here to protect your claim and pursue the compensation you deserve.

Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation or contact us online. We proudly serve Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.