Can I Bring Another Case If I’ve Already Had an Accident Case?
Your Rights After a Second Accident in New York City
Greenstein & Pittari, LLP -Trusted NYC Personal Injury Lawyers
Being injured once is difficult. Suffering a second accident in New York City – especially while you’re still recovering physically, emotionally, or financially – can feel overwhelming. Many NYC injury victims come to us asking:
- “I already had an accident case. Can I bring another case in New York?”
- “Will my old settlement or lawsuit be used against me?”
- “Will the insurance company blame everything on the previous accident?”
Here’s the truth:
Yes – in New York, you can bring a new injury case even if you’ve had a previous accident claim.
What matters legally is simple:
- Did this new NYC accident cause new injuries, or
- Did it aggravate a pre-existing condition, and
- Was someone else negligent?
At Greenstein & Pittari, LLP, our New York City accident attorneys represent clients throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County. We know exactly how to handle “second accident” cases – and how to shut down insurance companies who try to use your history against you.
Your Right to Bring a New Case After a Prior NYC Accident or Lawsuit
Under New York personal injury law, a previous claim or settlement does not prevent you from filing another case. You may absolutely bring a new injury claim if:
- The second accident caused new and distinct injuries
- The new incident worsened or aggravated an existing injury
- A different negligent driver, landlord, employer, or property owner caused new harm
Each accident case is evaluated independently. Your prior claim does not erase someone else’s duty to drive safely, maintain their property, or follow NYC safety laws.
What you cannot do:
You cannot recover twice for the same injury from the same accident. But if a new crash, fall, or incident worsens an old injury, New York law allows you to recover compensation for that added harm.
How a Previous NYC Accident or Lawsuit May Affect Your New Case
A past injury does not disqualify you – but insurance companies will absolutely try to weaponize it. Here’s how:
1. Attacking Your Credibility (“You Sue Too Much”)
Insurance companies may try to argue:
- You’ve filed claims before, so you must be “lawsuit-happy”
- You’re exaggerating or faking injuries
- You’re just trying to “cash in”
We dismantle these tactics by building your case on:
- Medical evidence
- Imaging comparisons
- Expert testimony
- Real-world limitations and life impact
You have a constitutional right to pursue justice. That right doesn’t disappear because New Yorkers -who commute, walk, and live in a crowded city -sometimes experience more than one accident.
2. Blaming All Symptoms on Your Old Accident
This is the insurance company’s favorite trick.
They’ll argue:
- “Your pain is from the previous accident.”
- “Nothing is new.”
- “Your condition didn’t get worse.”
But under New York law:
Pre-existing conditions do NOT bar you from compensation.
You can recover for the aggravation or exacerbation of an old injury.
We use:
- Before-and-after imaging
- Comparative medical evaluations
- Testimony from your treating doctors
…to prove the second accident caused actual, measurable harm.
3. The New York ‘Eggshell Plaintiff’ Rule
New York applies the eggshell plaintiff doctrine, meaning:
The negligent party must take the victim as they find them.
Suppose you were more vulnerable because of a prior injury or medical condition. In that case, the at-fault party in the new accident is still fully responsible for all harm their negligence caused -even if a healthier person might have been hurt less.
You are not penalized for having a history.
How We Prove the New NYC Accident Caused Additional Harm
Second-accident cases require precise medical and legal work. Greenstein & Pittari, LLP uses every tool available to separate what belongs to the first accident from what belongs to the second.
Medical Evidence and Imaging
We compare:
- MRIs
- X-rays
- CT scans
- Orthopedic evaluations
- Neurologic findings
- Physical therapy notes
We pinpoint:
- Fully healed injuries
- Stable conditions
- New findings
- Worsened conditions
- Symptoms that began only after the new accident
Accident Documentation
We gather:
- NYPD accident reports
- Witness statements
- Traffic camera footage
- Building inspection reports
- Photos and videos of the accident scene
These details help prove causation and fault.
Expert Testimony
We consult:
- Treating physicians
- Independent medical experts
- Orthopedic and neurologic specialists
Experts explain how:
- New trauma aggravated your injury
- Your function declined
- Your symptoms match the mechanism of the new accident
Your Personal Recovery Timeline
We document:
- Your condition before the second accident
- Your daily limitations afterward
- Activities you can no longer do
- Work or household duties you lost
Why You Must Be Honest About Prior Accidents
Please don’t forget to hide prior accidents or claims. Insurance companies and defense attorneys will find them, and nondisclosure can devastate your case.
Could you tell your lawyers everything?
We use your history strategically -to prove vulnerability, aggravation, and credibility.
Everything you share is confidential under the attorney–client privilege.
Tips to Strengthen a Second Accident Case in NYC
- Keep ALL medical records from both accidents
- Seek immediate medical care after the new incident
- Avoid gaps in treatment
- Don’t give recorded statements to insurance companies
- Contact a NYC personal injury lawyer early
The earlier you are involved, the stronger your case.
Why Choose Greenstein & Pittari, LLP?
A second accident is complicated -but your legal representation shouldn’t be. We offer:
- Local NYC offices Harlem • Bronx • Brooklyn • Queens • Staten Island • Yonkers • Nassau County
- No Fee Unless We Win Free consultation. No upfront costs.
- “Don’t Be a Victim Twice” – Our Firm Motto
- Bilingual representation (English & Spanish)
- Top-rated NYC personal injury attorneys – Recognized by Best Lawyers, Super Lawyers, and more.
- Hundreds of positive client reviews
- We deal with the insurance companies – you focus on healing
Call 1-800-VICTIM2 (1-800-842-8462) for a free, confidential consultation with an experienced NYC injury attorney.
Frequently Asked Questions (NYC Second Accident Cases)
1. Can I bring another accident case in NYC?
Yes. If the new accident caused new harm or worsened an old injury, you can bring a new case.
2. Will multiple claims make me look greedy?
No. Many New Yorkers experience more than one accident over a lifetime. What matters is evidence.
3. What if the old injury was a different body part?
Usually irrelevant.
4. What if both accidents injured my back or neck?
We use medical imaging and expert testimony to prove new or aggravated injuries.
5. Do I have to disclose old accidents?
Yes -but let your lawyers handle how and when this information is shared.
6. Should I tell my lawyer about old injuries?
Always. Concealing information is the fastest way to harm your case.
7. Can I get paid twice for the same injury?
No, but you can recover for new harm caused by the second accident.
8. Will the jury hear about my past accidents?
Not always. Many unrelated accidents can be excluded at trial.
9. How do I show the old injury has healed?
Gaps in treatment, medical records, and functional ability are robust evidence.
10. When should I call a lawyer after a second NYC accident?
Immediately. Early legal guidance protects you.
Injured Again in New York City? We’re Ready to Help.
If you’ve been hurt in a new accident -whether it’s a car crash, slip and fall, construction accident, rideshare accident, bicycle collision, or any other NYC incident -you still have rights.
Greenstein & Pittari, LLP
Free Consultation • No Fee Unless We Win
Call 1-800-VICTIM2 (1-800-842-8462)
Please chat with us 24/7
You can schedule your consultation in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island.
Don’t Be a Victim Twice.
Let us stand between you and the insurance company and fight for the full compensation you deserve.