How to Maximize Your Personal Injury Claim in New York City

Being injured in an accident in New York City can leave you with overwhelming medical bills, lost wages, and disruptions to your daily life. Insurance companies often push for low settlements or try to delay payments. By taking the right steps and working with an experienced NYC personal injury lawyer, you can protect your rights and maximize the value of your claim.

1. Seek Prompt and Consistent Medical Care

• Get medical attention immediately, even if your injuries seem minor. Gaps in treatment can weaken your case.
• Follow through on referrals for specialists, imaging, therapy, or counseling.
• In car accidents, New York’s No-Fault (PIP) coverage applies regardless of fault. PIP provides up to $50,000 for medical bills, lost wages (up to $2,000/month), and limited household help. File the no-fault application within 30 days.
• If your injuries exceed PIP limits or in non-auto cases, health insurance and liens may apply.

2. Document and Preserve Evidence

Evidence is the foundation of a strong claim. Be proactive in collecting:

• Photos and videos of the accident scene, property damage, and your injuries.
• Police reports, medical bills, receipts, and discharge instructions.
• Witness names and contact information.
• Preservation letters to secure surveillance or business records.
• Before-and-after photos or videos to show lifestyle changes.

3. Prove Lost Wages and Future Earning Capacity

• Keep pay stubs, W-2s, 1099s, and tax returns.
• Request HR confirmation of missed time, pay rates, and benefits.
• Document lost job opportunities with employer letters.
• Note reduced productivity or missed promotions with supervisor or coworker statements.

4. Keep an Injury Journal & Collect Statements

• Maintain a daily journal of pain levels, emotional struggles, and activities you’ve missed.
• Ask family, friends, and coworkers to provide statements showing how your life has changed.
  This helps humanize your claim and support damages for pain and suffering.

5. Protect Yourself Online

Insurance adjusters monitor social media. Avoid posting about your accident, injuries, or activities. Even casual posts can be used against you. Do not delete old posts – this could be seen as destroying evidence.

6. Identify All Liable Parties

Under New York law, multiple parties may share liability, including:

• Negligent drivers, trucking companies, or vehicle owners
• Property owners, landlords, or contractors
• Bars or restaurants under Dram Shop laws
• City agencies for unsafe roadways or defective municipal vehicles

Expanding the list of defendants increases your chances of full recovery.

7. Accurately Value All Damages

A personal injury claim should account for both current and future losses, such as:

• Long-term medical care, rehab, or surgeries
• Lost earning capacity and future career opportunities
• Permanent disability, scarring, or disfigurement
• Emotional distress and loss of enjoyment of life

Attorneys often work with medical and economic experts to calculate these damages.

8. Communicate Clearly with Doctors

• Report all symptoms and limitations accurately.
• Ask doctors to document likely future treatment needs.
• Bring a support person to ensure everything is recorded properly.

9. Be Patient – But Don’t Miss Deadlines

• Avoid quick settlements – wait until you reach maximum medical improvement (MMI).
• Know New York statutes of limitation:
  • Personal injury: 3 years (CPLR 214[4])
  • Wrongful death: 2 years from death
  • Medical malpractice: generally 2 years 6 months
  • Claims against municipalities: Notice of Claim within 90 days; lawsuit within 1 year and 90 days

Missing a deadline can bar you from recovery.

10. Negotiate & Litigate Strategically

• Never accept the first settlement offer.
• Back up every claim with documentation.
• Show you’re ready to go to trial – insurers often raise offers once litigation is a real possibility.
• Expert witnesses, such as accident reconstructionists or medical specialists, can significantly strengthen your case.

11. Protect Your Credibility

Consistency is key. Whether speaking with doctors, insurance adjusters, or in court, your honesty and credibility will strongly influence how much your case is valued.

Speak to a New York City Personal Injury Lawyer

At Greenstein & Pittari, LLP, we fight to ensure accident victims across New York City and Long Island are not shortchanged by insurance companies. Our team gathers evidence, calculates damages, negotiates aggressively, and takes cases to trial when necessary.

Why Choose Greenstein & Pittari?

• Offices conveniently located in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County
• No Fee Unless We Win – Our Fee Guarantee
• Recognized by Best Lawyers and Super Lawyers
• Bilingual legal services available
• Hundreds of 5-star client reviews

Call 1-800-VICTIM2 (1-800-842-8462) today for a free consultation with a New York City personal injury lawyer. Don’t be a victim twice – let us fight for the compensation you deserve