The Most Common Mistakes That Can Ruin Your NYC Personal Injury Claim
And How Greenstein & Pittari, LLP Protects Injured New Yorkers
When you’re hurt because someone else was careless, you usually get one real chance to pursue a personal injury claim. In New York City, where insurance companies are aggressive and legal rules are strict, even honest mistakes can cost you thousands of dollars.
At Greenstein & Pittari, LLP, a New York City personal injury law firm with offices in Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County, we help injured New Yorkers avoid the traps insurance carriers set after an accident. Our NYC personal injury lawyers represent clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
This guide explains:
- What a New York City personal injury claim is
- Why NYC cases are more complicated than in other places
- The most common mistakes that can quietly ruin your case
- How a seasoned NYC personal injury attorney can help protect your rights
What Is a Personal Injury Claim in New York City?
A personal injury case in NYC arises when you are hurt because a person, business, property owner, or public entity was negligent – meaning they failed to act with reasonable care.
Common NYC personal injury cases we handle include:
- Motor vehicle crashes
- Car, SUV, taxi, and rideshare (Uber/Lyft) accidents
- Bus, truck, and commercial vehicle crashes
- Pedestrian and bicycle collisions
- Premises liability
- Slip, trip, and fall accidents
- Broken or missing handrails
- Unsafe stairways, sidewalks, and walkways
- Falling objects or hazardous property conditions
- Construction and workplace accidents
- Medical malpractice and nursing negligence
- Defective product claims
- Wrongful death cases
If someone’s carelessness in New York City caused your injuries, you may have a valid personal injury claim.
“Personal Injury” vs. “Bodily Injury” in NYC
These terms are often used differently:
- Personal injury
A broad legal term including physical injuries, emotional distress, and financial losses. Damages can include medical bills, lost wages, pain and suffering, and loss of enjoyment of life. - Bodily injury
Often used in insurance policies (especially auto policies). It usually refers to physical harm (fractures, head injuries, internal injuries, etc.) and appears in coverage limits for liability.
A skilled NYC personal injury lawyer considers both your physical injuries and your total financial and emotional losses, and then identifies all available insurance coverage.
Why NYC Personal Injury Cases Are So Complicated
New York City personal injury claims are more complex than many people expect because of:
1. No-Fault Rules for Car Accidents
Most NYC car accidents involve No-Fault (PIP) insurance, where your own policy pays for medical bills and some lost wages, up to a limit (often $50,000), regardless of fault.
2. “Serious Injury” Threshold
To bring a lawsuit for pain and suffering in many motor vehicle cases, you usually must prove that you suffered a “serious injury” under New York Insurance Law, such as a fracture, significant disfigurement, or permanent limitation.
3. Comparative Negligence
New York uses pure comparative negligence, meaning your compensation can be reduced if you are found partially at fault (e.g., 30% at fault = 30% reduction).
4. Strict Deadlines and Notice-of-Claim Rules
Many NYC cases involve the City of New York, the MTA, NYCHA, or other public entities. These often require a Notice of Claim within 90 days and a lawsuit within a shorter time than standard personal injury actions.
5. Fast-Disappearing Evidence
In Manhattan, the Bronx, Queens, Brooklyn, and Staten Island, key evidence can disappear quickly:
- Surveillance footage gets overwritten
- Sidewalks and stairways get repaired
- Witnesses move or become impossible to locate
In a system this unforgiving, mistakes matter.
10 Costly Mistakes That Can Jeopardize Your NYC Personal Injury Claim
Below are the most common ways New Yorkers unintentionally damage their own claims – and how to avoid them.
Mistake #1: Waiting to See a Doctor
“I’ll be fine. I need a few days.”
This simple sentence has ruined many otherwise strong New York personal injury claims.
Why does this hurt your NYC case
- Insurance companies argue that if you were truly hurt, you would have sought treatment right away.
- It weakens the causal link between the accident and your injuries.
- Many serious injuries – concussions, whiplash, internal injuries, herniated discs – don’t always appear immediately.
In NYC car accident cases, waiting too long can also complicate or jeopardize your No-Fault (PIP) benefits, which generally must be filed within 30 days of the crash.
What to do instead
- Get checked out as soon as possible at the ER, urgent care, or your primary doctor.
- Clearly tell them you were injured in an accident in New York City.
- Follow through with specialists, imaging, and therapy.
- Save all records, bills, and discharge summaries.
Mistake #2: Not Following Your Treatment Plan
You went once, got some medication, and then life got busy.
Why does this hurt your NYC injury claim?
- Gaps in treatment let insurers argue that your injuries “weren’t that serious” or that you made your condition worse by ignoring medical advice.
- You end up with fewer medical records documenting pain, limitations, and progress, which are critical to proving damages.
What to do instead
- Attend all recommended appointments (specialists, PT, follow-ups).
- Take medications and follow home-exercise instructions.
- If you can’t afford care or can’t get there, tell your NYC personal injury attorney so they can help explore options.
- Keep a simple log of appointments, pain levels, and functional limitations.
Mistake #3: Failing to Report and Document the Accident
If there’s no report, insurers may pretend your NYC accident never happened.
Always report:
- Motor vehicle crashes: Call 911 and make sure an NYPD report is created.
- Slip, trip, or fall: Notify the owner or manager and insist on a written incident report.
- Workplace accidents: Report immediately and follow workers’ compensation procedures.
- MTA or city-related incidents: Notify staff and document names and positions.
Evidence to gather as soon as possible
If you can (or with help from someone else):
- Photos and videos of:
- The accident scene (stairs, sidewalks, crosswalks, building interior, roadway)
- Hazards (spills, snow/ice, broken handrails, poor lighting, debris)
- Vehicle damage, skid marks, traffic signals
- Visible injuries and damaged clothing
- Witness information:
- Names, phone numbers, and emails
- Official documents:
- Police reports
- Incident reports
The more proof you have, the harder it is for an insurance company to deny what happened in New York City.
Mistake #4: Not Keeping and Organizing Your Records
A strong NYC personal injury case is built on detailed documentation.
Keep and organize:
- Hospital and doctor records
- Imaging (X-rays, MRIs, CT scans)
- Physical therapy and rehab notes
- Pharmacy receipts and over-the-counter medication costs
- Transportation expenses to appointments (MTA, Uber, taxis, mileage)
- Pay stubs and employer letters showing missed work
- Emails and letters from insurance companies
- Copies of any forms or releases you sign
Handing your New York personal injury lawyer a well-organized file makes it easier and faster to build a strong claim.
Mistake #5: Providing Inaccurate, Incomplete, or Inconsistent Information
Your credibility may be your most valuable asset.
Insurance companies and defense attorneys compare:
- What you told NYPD, EMTs, and doctors
- What’s written in the incident or police report
- What you tell the insurance adjuster
- Your deposition or trial testimony
- Your past medical records and prior claims
- Your social media activity
If your stories don’t line up, they’ll argue you’re exaggerating or lying.
Protect yourself by being:
- Honest and consistent about how the accident happened
- Clear about symptoms and limitations – don’t exaggerate or minimize
- Transparent about prior injuries and medical conditions
- Quick to tell your lawyer if you realize you misspoke or forgot something important
We can handle bad facts. We can’t fix hidden facts.
Mistake #6: Apologizing or Accepting Blame
In NYC, politeness can hurt your claim.
Statements like:
- “I’m sorry, I should have been more careful.”
- “I wasn’t really watching where I was going.”
- “It’s probably partly my fault.”
…can all be twisted into admissions of liability.
What to do instead
- Focus on safety and getting everyone medical help.
- Stick to facts: where you were, what you saw, what you did.
- Let the evidence and your New York City injury lawyer determine fault.
Mistake #7: Talking to Insurance Companies Without a NYC Personal Injury Attorney
Adjusters are trained to be friendly – and to protect the company, not you.
They may:
- Ask for a recorded statement
- Encourage you to “just tell us what happened”
- Ask casual questions like “How are you feeling today?” to use against you later
- Ask for broad medical authorizations to dig through your entire medical history
Safer approach:
- Provide only basic information:
Name, contact info, date, and location of the NYC accident. - Politely decline recorded statements.
- Do not sign authorizations or releases without legal review.
- Tell them you prefer to speak through your attorney.
Once you hire Greenstein & Pittari, LLP, we handle these calls so you don’t have to.
Mistake #8: Posting About Your Accident on Social Media
Insurance companies routinely search:
- TikTok
- X/Twitter
- Even your friends’ and family’s accounts
They look for:
- Photos of you smiling, traveling, or being active
- “Check-ins” at restaurants, gyms, or events
- Comments like “I’m fine now” or “Feeling better today”
- Jokes or arguments about the accident
Even regular, innocent posts can be twisted to suggest your injuries are minor.
Best practices during your NYC injury case:
- Don’t post about the accident, your injuries, or your claim.
- Avoid posting photos of physical activities or trips.
- Ask friends and family not to tag you or discuss your case.
- Treat private settings as if everything is public.
The safest approach? You’ll be able to stay offline until your claim is resolved.
Mistake #9: Underestimating the Value of Your NYC Personal Injury Case
Insurance companies count on you thinking only about:
- Today’s medical bills
- This week’s lost wages
But serious injuries in New York can affect you for years.
A fair settlement may include:
Economic damages:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Home health aides and household help
- Transportation, medical equipment, and home modifications
Non-economic damages:
- Pain and suffering
- Emotional distress, anxiety, PTSD
- Loss of enjoyment of life
- Permanent disability or disfigurement
A knowledgeable NYC personal injury attorney evaluates both your current and future losses before negotiating a settlement.
Mistake #10: Waiting Too Long to Start Your Claim or Call a Lawyer
New York’s deadlines are strict – and missing them can destroy your case.
Standard time limits (with exceptions):
- 3 years: Many personal injury lawsuits
- 2 years: Many wrongful death actions
- 90 days: Notice of Claim for many NYC agencies (City of New York, MTA, NYCHA, etc.)
- Special rules: Medical malpractice, claims involving minors, and other complex situations
Waiting also makes your case weaker:
- Evidence disappears
- Video gets overwritten
- Witnesses move or forget
The sooner you contact a New York City personal injury attorney, the more that can be done to protect your claim.
FAQ: Protecting Your NYC Personal Injury Claim
1. How long do I have to file a personal injury claim in New York City?
In many NYC personal injury cases, you generally have three years from the date of the accident to file a lawsuit. But claims involving the City of New York, the MTA, or other public entities often require a Notice of Claim within 90 days and a lawsuit within a much shorter period.
Because these rules are complex and strictly enforced, you should speak with a NYC personal injury lawyer as soon as possible.
2. What if I was partially at fault for my New York accident?
New York uses pure comparative negligence, which means you can still recover compensation even if you were partly at fault. Your percentage of fault reduces your award.
For example, if your case is worth $100,000 and you are found 30% at fault, you may still recover $70,000.
3. Do I really need a lawyer, or can I handle my NYC claim myself?
You are not legally required to have a lawyer, but handling a New York City personal injury claim alone is a common and costly mistake.
Insurance companies handle claims every day. Their job is to pay as little as possible.
An experienced NYC accident attorney can:
- Investigate and gather evidence
- Handle all communication with insurers
- Calculate the actual value of your claim
- Negotiate aggressively on your behalf
- Take your case to trial if necessary
4. What if I already made some of these mistakes?
You’re not alone. Many NYC injury victims:
- Delayed medical treatment
- Posted on social media
- Talked to an adjuster
- Accepted small checks for property damage
These issues can make your claim more challenging, but they don’t automatically ruin it. The sooner you call a New York City personal injury attorney, the more we can do to control the damage and strengthen your case moving forward.
5. How much does it cost to hire Greenstein & Pittari, LLP?
We represent injured clients on a contingency fee basis:
- No upfront attorney’s fees
- No hourly billing
- We only get paid if we recover money for you through a settlement or verdict
Your consultation is free and confidential, and you don’t have to worry about it.
Why Choose Greenstein & Pittari, LLP?
- Local Harlem office plus six other convenient locations
- Seven offices: Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, Nassau County
- No Fee Unless We Win – Our Fee Guarantee
- Bilingual services are available
- Top-rated, award-winning New York City personal injury lawyers
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
Our firm motto is simple:
Don’t Be a Victim Twice.
Call 1-800-VICTIM2 (1-800-842-8462) to speak with an NYC personal injury attorney today.
Protect Your Claim. Protect Your Future.
If you’ve been injured in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, or anywhere in the New York City metro area, you don’t have to navigate this alone – and you don’t have to guess whether you’re making a costly mistake.
Contact Greenstein & Pittari, LLP today:
- Call 1-800-VICTIM2 (1-800-842-8462)
- Or reach out online to schedule your free consultation
You focus on healing.
We’ll focus on protecting your rights and securing the compensation you deserve.