What Is the Difference Between an Injury Claim and an Injury Lawsuit in New York City?
Suppose you were injured in a car accident, a slip and fall, a construction accident, or another incident in New York City. In that case, you may be wondering: What is the difference between a personal injury claim and a personal injury lawsuit?
Although the terms are sometimes used interchangeably, they are very different processes. Understanding how injury claims and injury lawsuits work in NYC can help you make informed choices about pursuing compensation.
What Is an Injury Claim in New York City?
An injury claim is usually the first step after an accident in NYC. Instead of filing a case in court, your lawyer submits a claim to the insurance company – either your own insurer (for motor vehicle accidents under New York’s no-fault system) or the at-fault party’s insurer (for premises liability, construction accidents, dog bites, etc.).
How the Claims Process Works
- Filing notice of a claim with the insurer
- Submitting medical records, bills, and accident documentation
- Insurance company investigates your injuries and losses
- Negotiations between your lawyer and the insurance adjuster
- Possible settlement without ever going to court
Benefits of an Injury Claim
- Faster resolution – often in weeks or months
- Lower cost – no court fees or litigation expenses
- Less stressful – informal and private
Limitations of an Injury Claim
- Insurance policy limits cap compensation
- Insurance companies often undervalue claims in NYC
- In car accidents, you can only recover for pain and suffering if your injuries meet New York’s “serious injury” threshold under Insurance Law § 5102(d)
What Is an Injury Lawsuit in New York City?
Suppose an insurance company denies liability, refuses to offer a fair settlement, or your damages exceed available coverage. In that case, your lawyer may file a personal injury lawsuit in a New York civil court.
How the Lawsuit Process Works
- Filing and serving a complaint in a New York Supreme Court (the trial-level court in NYC)
- Defendant responds with an answer or motion
- Discovery – exchanging evidence, depositions, and expert reports
- Pre-trial motions and settlement negotiations
- Trial before a judge or jury if no settlement is reached
- Verdict, judgment, and possible appeals
Benefits of an Injury Lawsuit
- Potential to recover beyond insurance limits
- Includes compensation for pain and suffering, lost earning capacity, and future medical care
- Public accountability – negligent parties are held responsible in court
Drawbacks of an Injury Lawsuit
- Longer timeline – often a year or more in NYC courts
- Higher costs – litigation and expert witness fees
- Uncertain outcome – jury awards can vary significantly
Key Differences Between Claims and Lawsuits in NYC
- Injury claims are handled directly with insurance companies and are usually quicker, less expensive, and private.
- Injury lawsuits are filed in New York courts, take longer, cost more, but can secure full compensation beyond what insurance provides.
- Most NYC personal injury cases start with a claim, but lawsuits become necessary when insurers refuse to negotiate fairly or when damages are severe.
New York City–Specific Legal Rules
- Comparative Negligence: New York follows pure comparative negligence. Even if you are partly at fault, you can still recover damages reduced by your percentage of fault.
- Statute of Limitations in NYC:
- General personal injury: 3 years from the accident (CPLR § 214)
- Medical malpractice: 2 years and 6 months (with exceptions)
- Wrongful death: 2 years from date of death
- Claims against NYC agencies (City of New York, NYCHA, MTA, etc.): Notice of Claim must be filed within 90 days, and lawsuit generally within 1 year and 90 days
- Serious Injury Threshold for Car Accidents: To sue for pain and suffering after a car accident, you must show a qualifying injury such as fractures, significant disfigurement, or permanent disability.
Why You Need a New York City Personal Injury Lawyer
Insurance companies in NYC are skilled at minimizing payouts. Having a lawyer ensures:
- Your claim is fully documented and valued
- Strict NYC deadlines and procedures are met
- You don’t accept a settlement that’s too low
- You know when to settle and when to file a lawsuit
Bottom Line: Claim vs. Lawsuit in NYC
- Injury claims are quicker, cheaper, and less formal, but often limited by policy coverage.
- Injury lawsuits take longer, cost more, and are public, but may provide the full compensation you deserve.
- Because of New York’s no-fault laws, serious injury threshold, and strict filing deadlines, consulting a lawyer early is essential.
Talk to a New York City Personal Injury Lawyer Today
At Greenstein & Pittari, LLP, we help NYC accident victims navigate both claims and lawsuits. Our attorneys know how to fight insurance companies and hold negligent parties accountable in court.
Why Choose Us in New York City?
- Harlem office plus locations in the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- No fee unless we win – Our Fee Guarantee
- Bilingual services available
- Hundreds of satisfied NYC clients and top industry ratings (Best Lawyers & Super Lawyers)
Call 1-800-VICTIM2 (1-800-842-8462) today for a free consultation.
The call is free. The consultation is free. You don’t pay unless we win.