Common Mistakes New Yorkers Make When Settling Injury Claims Without a Lawyer
Common Mistakes New Yorkers Make When Settling Injury Claims Without a Lawyer
Greenstein & Pittari, LLP – New York City Personal Injury Lawyers
Serving injured New Yorkers in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
If you were hurt in a car accident, slip and fall, construction accident, or any serious incident in New York City, it is natural to think:
“If the insurance company is offering me money now, why should I pay a lawyer? Why not just settle this myself and keep it all?”
On the surface, that sounds reasonable. In reality, settling a New York City personal injury claim without a lawyer can be one of the most expensive financial decisions you ever make.
Once you sign a release or cash the wrong check, you may permanently give up your right to pursue more money, even if your injuries turn out to be much more serious than you first believed.
At Greenstein & Pittari, LLP, our NYC personal injury lawyers regularly meet people who tried to settle their own claims after car crashes, pedestrian or bicycle collisions, dangerous property conditions, and construction accidents. Months later, they discover they need surgery, cannot return to work, or are living with chronic pain, but the settlement they accepted cannot be undone.
This page explains:
- The most common mistakes New Yorkers make when settling injury claims without a lawyer
- Why those mistakes are hazardous in New York City
- When it might be safe to handle a small claim yourself
- How a New York City personal injury lawyer at Greenstein & Pittari, LLP can protect your rights and maximize your compensation
Hurt In New York City? Talk To A Lawyer Before You Sign Anything
Free Consultation. No Fee Unless We Win. Local NYC Accident Lawyers.
You should contact an attorney right away if:
- An insurance company has already offered you money
- You have been asked for a recorded statement
- You received a check, medical authorization, or release to sign
A brief consultation with Greenstein & Pittari, LLP can help you avoid:
- Accepting a settlement that is far too low
- Signing away your right to future compensation
- Saying something that an adjuster later twists and uses against you
Call 1-800-VICTIM2 (1-800-842-8462) today to speak with a New York City personal injury lawyer.
The call is free. The consultation is free. You do not pay us any attorney’s fee unless we are successful.
Why New York City Injury Claims Are So Complicated
Many people think a claim is simple:
“They pay for my car, my ER bill, and I move on.”
Real New York City personal injury and car accident cases are rarely that simple. A properly handled claim may involve:
- Emergency room treatment and follow-up visits
- Diagnostic testing, such as X-rays, MRIs, and CT scans
- Physical therapy, injections, pain management, or surgery
- Past and future lost wages and overtime
- Loss of future earning capacity if you cannot return to your old job or hours
- Pain and suffering and loss of enjoyment of life
- Emotional distress, anxiety, sleep problems, or post-traumatic stress
- Out-of-pocket costs, such as transportation, childcare, medical equipment, and home help
To recover fair compensation in New York City, you must:
- Prove who was legally at fault under New York negligence law
- Prove how your injuries are connected to the accident
- Show how your injuries affect your work, daily activities, and future
- Understand New York’s no-fault (PIP) system and serious injury threshold in motor vehicle cases
- Comply with strict deadlines, including statutes of limitations and municipal Notice of Claim rules
- Negotiate with insurance adjusters who are trained to protect the carrier, not you
Trying to juggle all of this alone while you are in pain, trying to work, and taking care of your family is exactly how people in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island end up with settlements that do not truly cover their losses.
Common Mistakes New Yorkers Make When Settling Injury Claims Without A Lawyer
1. Settling For Far Less Than The Case Is Worth
This is the most common and most costly mistake.
Insurance companies often make early offers that sound attractive:
- Without a lawyer:
You accept a quick offer of $10,000. You keep 100 percent, but that is all you will ever receive, even if you later need injections, a fusion surgery, or months of physical therapy. - With an experienced NYC personal injury lawyer:
Your attorney may be able to increase that offer to $40,000, $50,000, $60,000 or more, depending on your injuries and the available insurance. Even after a contingency fee, your net recovery is often significantly higher than what you could obtain on your own.
You are not paying a lawyer for paperwork. You are paying for:
- Knowledge of what similar New York City injury cases have settled for or received at trial
- Experience valuing pain and suffering, lost earnings, and future medical needs under New York law
- The leverage that comes from being prepared to file a lawsuit in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, or the appropriate venue
Accepting 100% of a bad offer is not better than receiving a portion of a much stronger, properly negotiated settlement.
2. Settling Too Quickly Before Your Medical Condition Is Clear
Many people accept the first offer because they:
- Want closure and feel overwhelmed
- Believe their injuries are “just a sprain” or “just soreness.”
- Need immediate money because they are missing work
This is especially dangerous in neck, back, shoulder, knee, and head injury cases. A typical pattern in NYC is:
- After a crash or fall, you have pain and stiffness.
- The ER or urgent care tells you it is a strain and sends you home with medication.
- The insurance company offers a fast settlement.
- Months later, you still hurt. An MRI reveals a herniated disc, torn cartilage, or another serious condition. Your doctor recommends injections, more therapy, or surgery.
If you already signed a release or cashed a settlement check, you usually cannot go back and ask for more, even if you now face permanent pain or loss of function.
New York law generally gives you only one chance to settle your claim. If you settle too early:
- Future medical bills may come out of your own pocket
- You may get nothing for future lost wages or reduced earning capacity
- You may be stuck with life-changing injuries and a settlement that does not come close to covering your real losses
3. Letting The Insurance Company Control The Story
Insurance adjusters in New York often ask for a “recorded statement” soon after the accident. They sound polite and reasonable. In reality, many of their questions are designed to:
- Get you to minimize your pain or make your injuries sound mild
- Suggest that you were distracted, speeding, or not paying attention
- Shift blame to you or old injuries instead of the accident
Innocent statements such as:
- “I am feeling a little better today.”
- “I did not see them until the last second.”
- “My back bothered me sometimes even before this.”
can later be used to claim you were not seriously hurt, that you were not paying attention, or that your problems are pre-existing.
When Greenstein & Pittari, LLP represents you:
- We communicate with the insurance company on your behalf
- We decide whether any statement is necessary
- We prepare you carefully if you must give sworn testimony
You don’t need to go through those conversations alone.
4. Misunderstanding Fault And New York Comparative Negligence
New York uses a system called pure comparative negligence. This means:
- You can still recover money even if you were partly at fault
- Your compensation is reduced by your percentage of fault
For example, if a jury values your damages at $200,000 but finds you 25 percent at fault, your award would be $150,000.
Insurance companies in New York City often try to increase your percentage of fault to reduce what they pay. They may argue:
- You stopped short on the FDR Drive or Cross Bronx Expressway
- You were looking at your phone when you slipped on a wet floor in a Manhattan supermarket
- You should have noticed the broken step in your Brooklyn apartment building
Without a lawyer, it is very easy for your share of fault to creep higher than is fair.
An NYC personal injury attorney:
- Understands how judges and juries in New York evaluate fault
- Knows what evidence is needed to prove that the other party bears most or all of the responsibility
- Pushes back when insurers unfairly try to blame the victim
5. Missing Critical New York Deadlines
Many injured New Yorkers do not realize that speaking with the insurance company is not the same as protecting their legal rights.
Key deadlines include:
- Statute of limitations: In many New York personal injury cases, you have up to three years from the date of the accident to file a lawsuit against private defendants. In some cases, such as wrongful death and medical malpractice, the deadlines are shorter.
- Notice of Claim: If your case involves a city, state, or public entity, such as the City of New York, the MTA, NYCTA, NYCHA, or a public hospital, you may need to file a formal Notice of Claim within 90 days. Failure to do so can bar your case.
- No fault (PIP) deadlines: In New York motor vehicle cases, you generally must file your no-fault application within 30 days and submit medical bills within specific time frames.
If you miss a critical deadline:
- A court can dismiss your case, no matter how serious your injuries are
- The insurance company no longer has any incentive to negotiate
- You may permanently lose your right to sue
Our firm tracks these deadlines for you and takes prompt action to protect your rights.
6. Failing To Identify All Available Insurance
Most people focus only on the obvious policy, such as the other driver’s auto policy.
A thorough New York City personal injury lawyer will also look for:
- Supplemental uninsured or underinsured motorist coverage (SUM/UM/UIM) on your own auto policy
- Commercial or employer coverage when the at-fault driver was working at the time
- Umbrella or excess policies that sit on top of fundamental limits
- Additional property owners, contractors, or entities that may share responsibility
If you do not identify all potentially responsible parties and all applicable policies:
- You may leave significant money unclaimed
- You may settle with one party and unintentionally waive claims against another
- Your total recovery may be far less than what you actually need
7. Weak Documentation And Missing Proof
New York insurance companies and defense lawyers pay attention to documentation, not verbal assurances.
Self-represented people often:
- Fail to obtain complete medical records and itemized bills
- Do not track lost wages, overtime, or missed opportunities at work
- Forgot to keep receipts for out-of-pocket costs
- Do not secure photos, videos, or witness statements before they disappear
Strong NYC injury cases are built on:
- Medical records, test results, and detailed treatment notes
- Accident reports, 911 records, and incident reports
- Photographs and videos of the scene, vehicles, hazards, and injuries
- Witness statements and employer confirmations
- Expert reports when appropriate
Greenstein & Pittari, LLP knows which records matter most and how to gather and present them in a way that insurance companies and juries in New York City respect.
8. Ignoring Liens And Reimbursement
Even after you negotiate a settlement, you may not be entitled to keep every dollar. Depending on your situation, you may need to address:
- Health insurance reimbursement
- Medicare or Medicaid rights
- Workers’ compensation liens
- Hospital or doctor liens
If you ignore these:
- You may face collection efforts later
- Your future health coverage could be affected
- You may end up paying much more than you legally owe
Our NYC personal injury attorneys identify potential liens, confirm their validity, and negotiate reductions whenever possible so more of your settlement stays with you.
9. Underestimating The Time And Stress Of Handling A Case
Many New Yorkers underestimate how much time and emotional energy it takes to handle a personal injury or car accident claim without a lawyer.
On your own, you must:
- Make every call to the insurance company
- Request and organize all records and bills
- Learn fundamental New York injury law and insurance practice
- Draft your own demand letters
- Negotiate against experienced adjusters and defense lawyers
- Monitor all legal and contractual deadlines
You must do all of this while you are:
- In pain and trying to heal
- Attending medical appointments
- Managing your family responsibilities
- Trying to stay afloat financially
One of the most underrated benefits of hiring a New York City injury lawyer is relief. You can hand the legal and insurance battle to professionals and concentrate on your health and your family.
10. Signing A Release Or Cashing A Check Without Legal Review
By the time a release or settlement check arrives, many people are exhausted and ready to “be done.”
Settlement documents and checks often:
- Waive any claims arising out of the accident
- Combine property damage and bodily injury into one global resolution
- Contain language that heavily favors the insurance company
Once you sign or cash that check:
- You are almost always legally bound by that agreement
- You usually cannot reopen your case, even if new complications arise
- You may be stuck with long-term medical and financial fallout that is not covered
Before you sign any settlement agreement or cash any check that might end your case, speak with a New York City personal injury lawyer at Greenstein & Pittari, LLP.
When It Might Be Reasonable To Handle A Claim Yourself
We are straightforward with people. Not every single claim in New York City requires an attorney.
It might be reasonable to consider handling a claim on your own if all of the following are true:
- The incident involved only minor property damage
- You had either no physical injuries or extremely minor injuries that resolved quickly with minimal treatment
- You did not miss any work
- You have no ongoing pain, stiffness, scarring, or limitations
- Liability is clear and not disputed
- The insurance company’s offer clearly covers your modest losses
Even in that situation, it would be a good idea to call us for a free consultation to confirm that you are not overlooking a serious issue or signing away rights you did not realize you had.
If you have:
- Ongoing pain or limitations
- Fractures or herniated discs
- Surgery or recommended surgery
- Scarring or disfigurement
- Missed work or reduced ability to work
- A crash involving a city bus, sanitation truck, police car, rideshare, delivery vehicle, or other commercial vehicle
Then, trying to settle your case without a New York City personal injury lawyer is rarely safe.
Why Choose Greenstein & Pittari, LLP For Your NYC Injury Case
- Deep New York City roots with a local Harlem office for accessibility and trust
- Seven convenient locations in Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- Our Fee Guarantee: No Fee Unless Successful
- Bilingual legal services available for injured New Yorkers who are more comfortable in another language
- Top-rated, award-winning injury lawyers, including recognition in respected legal listings
- Hundreds of positive client reviews and testimonials that reflect our results and client service
- Exclusive focus on personal injury law, representing accident victims across New York City every day
- We deal with the insurance companies so you can focus on healing
Our motto is clear:
“Don’t Be A Victim Twice.”
If you are a victim of an accident in New York City, including collisions with uninsured or underinsured vehicles, we are ready to stand between you and the insurance company and fight for the full compensation you deserve.
Call 1-800-VICTIM2 (1-800-842-8462) today to schedule your free consultation.
You do not pay us any attorney’s fees unless we win money for you.
Frequently Asked Questions
About Settling Injury Claims Without A Lawyer In New York City
1. Can I legally handle my New York City injury claim without a lawyer?
Yes. New York law allows you to represent yourself in negotiations and in court.
However, just because you can does not mean you should. If you have serious injuries, missed work, ongoing symptoms, or a case involving a municipal or commercial defendant, the financial risk of going it alone is very high.
2. Will I end up with less money if I hire a NYC personal injury lawyer and pay a contingency fee?
In many cases, no. You may actually end up with more.
Because experienced New York City personal injury attorneys:
- Know how to value cases based on real results in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island
- Understand which facts and medical records increase case value
- Often obtain significantly higher settlement offers than self-represented claimants
Many clients take home more money after paying a contingency fee than they would have received on their own.
3. Is it ever okay to settle a claim without even talking to a lawyer?
You can, but it is rarely a good idea.
Once you sign a settlement release, you generally cannot reopen your case, even if:
- Your condition worsens
- You need surgery or long-term care
- You discover that your injuries are more serious than you first believed
Because Greenstein & Pittari, LLP offers free consultations, there is almost no reason to sign the necessary paperwork without at least getting a professional opinion from a New York City personal injury lawyer.
4. What if I already gave a recorded statement to the insurance company?
This is very common and does not automatically ruin your case.
You should:
- Stop giving additional statements without legal advice
- Contact a lawyer right away
Our firm can:
- Request and review the recorded statement or transcript
- Assess how much harm, if any, it may have caused
- Take over communications with the insurer moving forward
5. How do I know if the insurance company’s offer is fair for a New York City case?
On your own, it isn’t easy to know. You would need to understand:
- The full scope of your current and future medical needs
- How your injuries will impact your work and earning capacity
- How New York courts and insurers value similar injuries in your borough
- How your percentage of fault, if any, affects case value
We can compare the offer against real-world outcomes in New York City and tell you honestly whether it is reasonable or dangerously low.
6. What if the accident involved a New York City or New York State vehicle or public authority?
You can try to handle such a case yourself, but it is hazardous.
Claims involving:
- The City of New York
- NYC Transit or the MTA
- NYCHA or other public housing authorities
- State agencies and public hospitals
often require a formal Notice of Claim within 90 days and have special procedural rules. One missed deadline or technical error can result in a strong case being dismissed.
If your case involves a city bus, subway-related incident, sanitation truck, police vehicle, or other public entity, you should speak to a New York City personal injury lawyer immediately.
7. What if I were partly at fault for my NYC accident? Do I still have a claim?
Yes, you may.
New York’s comparative negligence rule allows you to recover damages even if you share some of the blame. Your percentage of fault reduces your compensation, but it is not automatically eliminated.
Insurance companies often exaggerate your share of responsibility to reduce what they pay. Our attorneys can challenge that and fight for a fair and realistic allocation of fault.
8. Will hiring a lawyer slow down my case?
What usually slows cases down is insufficient documentation, missing records, or errors that must be corrected later.
We want you to know that our goal is to move your case forward efficiently while making sure it is fully developed so you do not rush into a low settlement. We’ll talk about your priorities and balance speed with the need to protect your long-term interests.
9. I already started negotiating on my own. Is it too late to hire Greenstein & Pittari, LLP?
In most cases, it is not too late.
If you have not:
- Signed a final settlement release, or
- Cashed a check that clearly resolves your bodily injury claim, we can usually step in, take over dealings with the insurance company, and work to improve your outcome. The earlier you contact us, the more options we are likely to have.
10. How does Greenstein & Pittari, LLP get paid?
For New York City personal injury cases, we work on a contingency fee basis:
- No upfront attorney’s fees
- No hourly billing
- We only receive a fee if we recover money for you
- Our fee is a percentage of the settlement or verdict, discussed clearly with you in advance
You can get experienced NYC personal injury representation without paying out of pocket while you are hurt.
11. What should I bring to my free consultation with a NYC personal injury lawyer?
Bring whatever you have, such as:
- Police or incident reports
- Photos or videos of the scene, vehicles, or dangerous conditions
- Medical records, discharge summaries, and bills
- No fault, health insurance, or workers’ compensation paperwork
- Letters, emails, or texts from any insurance company
- Pay stubs or employer notes showing missed work
If you do not have everything yet, do not worry. We can help you identify what is missing and how to get it.
Talk To A New York City Personal Injury Lawyer Before You Settle
You may only get one chance to resolve your New York City injury claim. The insurance company knows this and is counting on your stress, lack of experience, and desire to “get it over with.”
Do not let them decide what your health, your work, and your future are worth.
Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) today.
You can also contact us online to schedule your free case evaluation.
- Free consultation
- No fee unless we win
- Offices in Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
Let us fight the legal and insurance battle.
You focus on healing, your family, and rebuilding your life in New York City.