What Is a Personal Injury Claim in New York?
A personal injury claim in New York City arises when someone suffers physical, emotional, or financial harm because of another party’s negligence, recklessness, or intentional misconduct. The purpose is to hold the at-fault party accountable and secure compensation for losses such as medical expenses, lost income, and pain and suffering.
Most claims begin with insurance negotiations but may escalate into a lawsuit in New York courts if a fair settlement cannot be reached.
Personal Injury Claim vs. Lawsuit in NYC
- Claim: The initial step, usually filed with an insurance company.
- Case: When an attorney formally represents you in negotiations or files a lawsuit in New York court.
- Settlement: Most personal injury cases in NYC are resolved before trial.
- Verdict: If settlement fails, a judge or jury in New York decides liability and damages.
New York insurance adjusters often try to minimize payouts. Always consult a New York City personal injury attorney before speaking with insurers.
Common Types of Personal Injury Cases in New York City
Our NYC personal injury law firm handles a wide range of accident cases, including:
- Car, truck, motorcycle, bicycle, and pedestrian accidents in NYC traffic
- Slip, trip, and fall accidents in buildings, subways, and city sidewalks
- Construction and workplace injuries, including union jobsite accidents
- Medical malpractice and nursing home neglect in New York hospitals and care facilities
- Dangerous or defective products (product liability)
- Dog bites and animal attacks in the five boroughs
- Sexual abuse and assault claims
- Wrongful death lawsuits
Proving Negligence in a New York Personal Injury Case
To succeed in a New York personal injury claim, you must prove:
- Duty of Care – The defendant owed you a legal duty (e.g., drivers must obey NYC traffic laws).
- Breach of Duty – That duty was violated (e.g., texting while driving, failing to salt icy sidewalks).
- Causation – The negligence directly caused your injury.
- Damages – You suffered measurable harm (medical bills, lost wages, pain and suffering).
Some claims also involve strict liability (such as product defects) or intentional misconduct (such as assault).
Evidence That Strengthens NYC Personal Injury Claims
Common types of evidence in New York cases include:
- NYPD accident or incident reports
- Medical records from NYC hospitals or urgent care facilities
- Photos or videos of injuries, unsafe property conditions, or vehicle damage
- Witness statements
- Expert testimony (e.g., accident reconstruction or medical experts)
Damages Available in New York Personal Injury Cases
Victims in New York City may recover compensation for:
Economic Damages
- Current and future medical expenses
- Lost wages and reduced earning capacity
- Property damage
- Out-of-pocket costs (rehabilitation, home modifications, transportation)
Non-Economic Damages
- Pain and suffering
- Emotional distress, PTSD, or anxiety
- Disability, scarring, or disfigurement
- Loss of enjoyment of life
- Loss of companionship (wrongful death cases)
Punitive Damages
Awarded rarely, but possible in NYC for reckless or intentional misconduct (e.g., drunk driving accidents).
Comparative Fault in New York
New York follows a pure comparative negligence rule. Even if you were partly at fault for an accident in NYC, you can still recover compensation. However, your award is reduced by your percentage of fault.
Example: If you are 30% at fault for a car crash in Manhattan and awarded $100,000, you can still collect $70,000.
Statutes of Limitations in New York
Deadlines are strict in New York courts:
- Personal Injury: 3 years from the date of injury
- Wrongful Death: 2 years from the date of death
- Medical Malpractice: 2 years and 6 months from the malpractice or end of treatment
- Claims Against NYC or NY State Agencies: Usually within 90 days to file a Notice of Claim
Missing these deadlines typically bars recovery, so contacting a New York City accident lawyer promptly is critical.
Steps to Take After an Accident in NYC
- Call 911 and report the accident to NYPD or property management.
- Seek immediate medical treatment at a New York hospital or urgent care.
- Document the scene with photos, videos, and witness contacts.
- Notify your insurance company.
- Do not admit fault or provide recorded statements without legal advice.
- Contact a New York personal injury law firm to protect your rights.
The New York Personal Injury Claim Process
Most cases handled by NYC personal injury lawyers follow these steps:
- Free consultation and case evaluation
- Evidence collection and investigation
- Sending a demand letter to the insurance company
- Settlement negotiations
- Filing a lawsuit if negotiations fail
- Discovery, mediation, and trial if necessary
Factors That Affect Claim Value in NYC
The value of your New York personal injury case depends on:
- Severity and permanence of injuries
- Medical bills and future care needs
- Lost income and reduced earning capacity
- Comparative fault issues
- Available insurance coverage
- Whether injuries are catastrophic or disabling
Why Hire a New York City Personal Injury Lawyer?
New York’s personal injury laws are complex, with strict deadlines and aggressive defense tactics from insurers. A skilled NYC accident attorney can:
- Investigate your case and collect evidence
- Handle communications with New York insurance companies
- Calculate current and future damages
- Negotiate for a fair settlement
- Take your case to trial in New York courts if necessary
Most New York personal injury lawyers, including our firm, work on a contingency fee basis—you pay nothing unless we win.
Why Choose Greenstein & Pittari – New York City Personal Injury Law Firm
- Local Harlem office for convenience and trust
- Seven additional offices across the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- Our Fee Guarantee – No Fee Unless We Win
- Bilingual services available
- Hundreds of positive client reviews and testimonials
- Recognized as Top-Rated, Award-Winning Lawyers (Best Lawyers & Super Lawyers)
- We deal with insurance companies so you can focus on recovery
Don’t Be a Victim Twice – Call 1-800-VICTIM2 (1-800-842-8462)
At Greenstein & Pittari, LLP, our New York City personal injury lawyers fight every day for accident victims across all five boroughs. Consultations are free, calls are free, and you pay nothing unless we recover compensation for you.