Myths About Personal Injury Claims in New York City

Straight Talk From Greenstein & Pittari, LLP

Serving injured New Yorkers in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island

After a serious accident in New York City, you are suddenly dealing with pain, medical appointments, lost wages, transportation problems, and calls from insurance companies. On top of that, you may hear a lot of so-called advice that is simply wrong about how New York personal injury claims really work.

At Greenstein & Pittari, LLP, our New York City personal injury lawyers see how these myths convince injured people to stay quiet, accept low settlement offers, or wait until it is too late to file a claim. That can mean walking away from compensation you need for medical care, lost earnings, future treatment, and your family’s financial stability.

This guide explains the most common myths about personal injury claims in New York and gives you clear, accurate information so you can make informed decisions about your case.

If you were hurt in an accident anywhere in New York City, you can contact us now for a free consultation. There is no obligation and no fee unless we are successful.

Why Personal Injury Myths Are Dangerous For NYC Accident Victims

These misconceptions are not harmless. They can cost you your case and your future:

• They push people to accept lowball offers from insurance companies.
• They make victims feel guilty, as if they are being “frivolous” for asking to be made whole.
• They convince New Yorkers that hiring a personal injury lawyer is “too expensive” or “too much trouble.”
• They cause delays that can destroy your claim because of strict New York deadlines.

You typically get one chance to resolve a personal injury claim. Once you sign a release, you cannot go back for more money, even if you later need surgery, cannot return to work, or develop permanent pain.

The NYC injury attorneys at Greenstein & Pittari, LLP protect you from these pitfalls and fight for the full compensation that New York law allows.

Myth 1: “The insurance company will cover all my losses.”

The Truth: Insurance is designed to protect the insurer, not you.

After a New York car accident, motorcycle crash, truck accident, or pedestrian collision, your Personal Injury Protection (PIP) coverage is usually the first source of payment. New York is a no-fault state, which means:

• Your own PIP pays specific medical bills and a portion of lost wages regardless of fault.
• PIP limits are usually modest compared to actual NYC medical costs.
• PIP does not automatically pay for pain and suffering or long-term disability.

Once you step beyond no-fault and make a liability claim against a negligent driver, property owner, landlord, business, or construction company, you are dealing with an insurance company whose business model is based on paying as little as possible. Adjusters are trained to:

• Offer quick, low settlements.
• Use medical records or gaps in treatment to argue you are not severely hurt.
• Question whether your injuries were really caused by the accident.

Insurance is not there to volunteer every dollar you are owed under New York law.

Bottom line: Insurance companies protect their bottom line. A New York City personal injury lawyer protects you.

Myth 2: “The first settlement offer is the best I’ll get.”

The Truth: The first offer is usually the lowest number they think you might accept.

Insurance adjusters often say things like:

• “This is our best offer.”
• “We have reviewed everything. This is as high as we can go.”

In reality, the first offer often comes before:

• You have finished medical treatment.
• Your doctors know whether your injuries are permanent.
• Anyone has fully calculated your lost wages and future earning capacity.
• Your pain, limitations, and long-term needs are properly evaluated.

Once you sign a release, your case is closed forever. You cannot come back and ask for more money if you later:

• Need surgery or long-term therapy.
• Develop chronic pain, headaches, dizziness, or mobility problems.
• Find out you cannot do your old job.

An experienced NYC personal injury attorney can:

• Evaluate the full value of your case under New York law.
• Obtain complete medical and wage documentation.
• Negotiate aggressively and reject lowball offers that do not meet your needs.

You don’t need to accept the first offer. Often, you should not.

Myth 3: “My injuries are minor. It is not worth calling a lawyer.”

The Truth: Many injuries that seem minor become major problems later.

After a New York accident, adrenaline and shock can hide serious injury. Days or weeks later, you may begin to feel:

• Neck and back pain.
• Headaches, dizziness, or confusion.
• Numbness, tingling, or weakness in arms or legs.
• Stiffness and reduced range of motion.

These are common signs of:

• Whiplash and soft tissue injuries.
• Herniated or bulging discs.
• Mild traumatic brain injury or concussion.
• Nerve damage.

Even if you walk away from a crash or fall feeling “okay,” your injuries can:

• Require months of physical therapy or injections.
• Keep you out of work or prevent you from working full-time.
• Limit your ability to care for children, commute, or enjoy life.

In NYC, where medical care and daily living costs are high, even minor injuries can cause significant financial strain.

There is no cost to talk to a New York City personal injury lawyer at Greenstein & Pittari, LLP. Let us evaluate your injuries and your options before you decide it is “not worth it.”

Myth 4: “The insurance company wants to be fair and help me.”

The Truth: Adjusters are trained to sound friendly while protecting the company.

Many injured people trust adjusters because they sound polite and sympathetic. You may hear:

• “We are so sorry you were hurt.”
• “We accept responsibility.”
• “You do not need a lawyer. We can work this out.”

Behind that friendly tone, we often see:

• Calls made soon after the accident to “lock in” a low settlement.
• Requests for recorded statements that are later used against you.
• Pressure to sign medical authorizations that let them dig through your entire history and blame injuries on old conditions.
• Suggestions that you do not need more treatment or that your doctor is “over-treating” you.

When you are injured, you are vulnerable. You may be in pain, on medication, and worried about money. That is precisely when insurance companies like to strike.

Hiring a New York personal injury lawyer:

• Stops direct contact from the insurance company.
• Prevents you from saying something that can be twisted and used to deny your claim.
• Ensures that any settlement covers your real losses, not just what is convenient for the insurer.

Myth 5: “If I hire a lawyer, my case will take forever, and I will have to go to court.”

The Truth: Most NYC personal injury cases settle, and many resolve faster with legal help.

It is understandable to worry about a long, stressful court battle. The reality is:

• The majority of New York personal injury cases settle out of court.
• Many cases resolve within months when liability is clear and medical treatment is well documented.
• Trials are usually reserved for cases where the insurance company refuses to offer a fair settlement.

A strong personal injury law firm prepares every case as if it might go to trial. That preparation:

• Gives you leverage in settlement negotiations.
• Shows insurers that you have trial-ready lawyers on your side.
• Frequently leads to higher settlement offers without the need for a trial.

If a trial does become necessary, the attorneys at Greenstein & Pittari, LLP will:

• Explain the pros and cons.
• Prepare yourself carefully for every step.
• Be at your side throughout the process.

Most of our clients in New York City never see the inside of a courtroom.

Myth 6: “I do not want to ruin my friend’s or family member’s finances.”

The Truth: In most cases, insurance pays, not the individual.

Common New York City scenarios include:

• You are a passenger in a friend’s car.
• You fall in a relative’s apartment building.
• You are injured while riding with a co-worker.
• A neighbor’s dog bites you.

In these situations, we are typically claiming against:

• Auto liability insurance.
• Homeowners or renters insurance.
• Commercial liability insurance.

These policies exist specifically to cover injuries caused by negligence. You are not “attacking” your friend or family member’s personal bank account. You are using insurance they already paid for.

Filing a claim:

• Helps you pay medical bills and replace lost income.
• Encourages drivers and property owners to follow safety rules.
• Usually has little to no impact on the person’s day-to-day finances.

Myth 7: “There is no rush. I can decide later if I want to file a claim.”

The Truth: New York has strict deadlines, and substantial evidence can disappear quickly.

Every personal injury case in New York is subject to statutes of limitations and, for government-related claims, additional notice requirements. In general:

• Most personal injury lawsuits against private defendants must be filed within 3 years of the accident.
• Wrongful death cases are often limited to 2 years.
• Many medical malpractice claims must be filed within 2.5 years.
• Claims against New York City, the MTA, NYPD, public hospitals, school districts, and other municipal entities usually require a Notice of Claim within 90 days, and a lawsuit often must be filed within 1 year and 90 days.

Missing these deadlines can completely bar your claim, even if your injuries are severe and liability is clear.

Waiting also harms your evidence:

• Surveillance footage may be overwritten in days or weeks.
• Witnesses can move, change numbers, or forget details.
• Dangerous conditions, such as broken stairs or icy sidewalks, can be repaired or altered.
• Insurance carriers may argue that gaps in treatment prove your injuries were minor or unrelated.

You can focus on your recovery while we protect your rights. You can contact a New York City personal injury lawyer as soon as you can.

Myth 8: “If I were partly at fault, I cannot recover anything.”

The Truth: New York’s comparative negligence law often still allows recovery.

New York follows a pure comparative negligence system. That means:

• You can bring a claim even if you were partially at fault.
• Your compensation is reduced by your percentage of fault, but is not automatically eliminated.

Example:

• Total damages: 100,000 dollars.
• You are found 30 percent at fault.
• The other party is 70 percent at fault.

You may still recover 70,000 dollars.

Insurance companies frequently try to overstate your share of blame to cut their payout. Our NYC accident attorneys:

• Investigate how the accident really happened.
• Work with experts when necessary.
• Challenge unfair attempts to push most of the blame onto you.

Never assume you have no claim just because you think you were not perfect.

Myth 9: “Most personal injury claims are frivolous or just about easy money.”

The Truth: The vast majority of New York personal injury cases involve real injuries and real losses.

Sensational media stories and political talking points have convinced many people that injury claims are out of control. The truth is that:

• Serious injuries from car crashes, falls, unsafe buildings, and construction accidents are common in a dense city like New York.
• Valid claims require medical evidence, documentation, and proof of negligence.
• Courts can sanction attorneys who bring truly frivolous cases.
• Contingency fee firms like Greenstein & Pittari, LLP only get paid if they win, so we have every incentive to accept real, meritorious cases.

Our clients are not looking for “jackpots.” They are looking for a way to:

• Pay for medical treatment.
• Replace lost wages.
• Support their families.
• Regain stability after a serious accident.

Personal injury law is about fairness and accountability, not greed.

Myth 10: “Personal injury lawyers are too expensive. I cannot afford one.”

The Truth: With our fee structure, there is no upfront cost to hire us.

At Greenstein & Pittari, LLP:

• Your consultation is free.
• There is no retainer.
• There are no hourly bills.
• We only charge a fee if we recover compensation for you.

This is called a contingency fee. Our fee is a percentage of the total recovery, and we clearly discuss it with you at the beginning.

If we do not recover money for you, you do not owe us attorney’s fees.

This model allows injured people across New York City, regardless of income, to have a skilled personal injury lawyer on their side.

Injured In New York City? Take Action Now.

If you have been hurt in any of the following:

• Car accident or truck accident in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island.
• Motorcycle crash or moped collision.
• Pedestrian or bicycle accident.
• Slip and fall or trip and fall in a store, apartment building, sidewalk, or public space.
• Construction accident or work site injury.
• Accident involving an Uber, Lyft, taxi, or bus.
• Any incident caused by someone else’s negligence.

You do not have to face the insurance company alone.

Call Greenstein & Pittari, LLP today at 1-800-VICTIM2 (1-800-842-8462) for a free, confidential consultation with a New York City personal injury lawyer.

We will explain your rights, answer your questions, and outline a strategy tailored to your case. There is no fee unless we are successful.

Frequently Asked Questions About New York Personal Injury Myths

Do I really need a New York City personal injury lawyer if the insurance company seems cooperative?

Yes. A friendly tone from an adjuster does not mean a fair offer. Insurance companies are trained to minimize what they pay out. Without an attorney, you may:

• Underestimate the value of your claim.
• Miss important categories of damages such as future medical care or loss of earning capacity.
• Accept a settlement that does not reflect your actual losses.

A NYC personal injury attorney at Greenstein & Pittari, LLP can evaluate whether a proposed settlement is fair and negotiate for the full value of your case.

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

Many New York personal injury lawsuits must be filed within three years of the accident, but there are important exceptions:

• Wrongful death claims often have a two-year deadline.
• Many medical malpractice claims have a two and a half year deadline.
• Claims involving government agencies, such as the City of New York or the MTA, often require a Notice of Claim within 90 days, plus a shorter deadline to file suit.

Because these time limits depend on your specific situation, it is critical to speak with a New York injury lawyer as soon as possible after an accident.

Will I have to go to court or testify in front of a jury?

In most cases, no. The majority of NYC personal injury cases settle out of court. We will only recommend going to trial if:

• The insurance company refuses to offer a fair settlement, and
• A trial is likely to improve your result.

If your case goes to court, we will prepare you carefully, explain what to expect, and be with you every step of the way. You will never be forced into a trial without a complete discussion and your consent.

What if I did not see a doctor right away, or my injuries seemed minor at first?

You may still have a valid case. However, delayed treatment can make your claim more complicated because insurers may argue that:

• Your injuries were not serious, or
• Something else caused your problems.

If you have not yet seen a doctor, please do so as soon as possible. Then you can contact a New York personal injury attorney so we can help connect your injuries to the accident and protect your claim.

What does a contingency fee mean in a New York personal injury case?

A contingency fee means:

• You pay no attorney’s fees at the start of your case.
• You pay no hourly fees while the case is pending.
• We only collect a fee if we recover compensation for you through a settlement or verdict.

Our fee is a percentage of the recovery and will be clearly explained in writing before you hire us. If we do not win, you do not owe us attorneys’ fees.

Will the person who injured me have to pay out of pocket?

Compensation is almost always paid by an insurance company, not directly by the individual. Common examples include:

• Auto liability insurance for drivers.
• Homeowners or renters insurance for dog bites and premises accidents.
• Commercial liability insurance for stores, landlords, contractors, and other businesses.

These policies exist specifically to cover injuries caused by negligence.

Can I recover money if I was partially at fault for the accident?

Yes, in many cases. Under New York’s comparative negligence law, you can often recover compensation even if you share some responsibility for the accident. Your percentage of fault reduces your award, but it is not automatically eliminated.

Our New York accident attorneys will work to show that the other party bears significant responsibility and to minimize any fault attributed to you.

Are personal injury claims just about easy money?

No. Personal injury claims are about making you as whole as possible under the law after someone else’s negligence has disrupted your life. Compensation can cover:

• Medical bills, past and future.
• Lost wages and loss of earning capacity.
• Pain and suffering.
• Emotional distress.
• Rehabilitation and therapy.
• Long-term care needs.

Our clients are seeking stability, not windfalls.

What is the first thing I should do after an accident in New York City?

1. Get medical care right away, even if you think you are “okay.”
2. Report the incident to the police, property owner, employer, or other responsible party.
3. Take photos and video of the scene, vehicles, injuries, and any hazards.
4. Gather names and contact information for witnesses.
5. Avoid detailed conversations or written statements with insurance companies.
6. Contact a New York City personal injury lawyer at Greenstein & Pittari, LLP as soon as you can.

Early legal help can preserve evidence, protect you from typical mistakes, and improve your chances of a strong recovery.

Why Choose Greenstein & Pittari, LLP For Your New York City Personal Injury Case?

• Local presence and citywide reach – Harlem office plus locations in the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County.
• Exclusive focus on personal injury law – We handle New York accident cases every day.
• No fee unless we win – Our Fee Guarantee means you pay us nothing unless we are successful.
• Bilingual services available – We serve a diverse NYC community.
• Hundreds of positive reviews and testimonials from satisfied clients.
• Top-rated, award-winning attorneys recognized by respected legal organizations.
• We deal with the insurance companies so you can focus on healing and your family.

Our firm motto is simple: “Don’t Be a Victim Twice.”

You were already the victim of someone else’s negligence. Do not become a victim again by trusting myths, delaying too long, or accepting an unfair settlement.

Call Greenstein & Pittari, LLP today at 1-800-VICTIM2 (1-800-842-8462) to schedule your free consultation with a New York City personal injury lawyer.

The call is free.
The consultation is free.
You do not pay us unless we are successful.

You focus on healing.
We will take care of the rest.