One moment, everything is normal. The next, an accident changes everything—medical bills pile up, work is put on hold, and insurance companies are more frustrating than helpful. The stress of recovering while figuring out your legal options can feel too much to handle. Knowing how to file a personal injury claim in New York is the key to securing the compensation needed to move forward. A strong case starts with the right steps—gathering evidence, proving fault and handling insurers strategically. Every decision matters and avoiding common mistakes can make all the difference in getting the compensation you deserve.
As NY personal injury attorneys, we are here to take the legal burden off your shoulders. With our guidance, you can focus on recovery while we fight for the justice and compensation you deserve.
Determining Eligibility for a Personal Injury Claim
Not every injury qualifies for a personal injury claim in New York. To pursue compensation, the case must meet specific legal requirements.
Who is eligible to file a personal injury claim?
To have a valid claim, the following conditions must be met:
- Duty of Care: The responsible party was legally obliged to act safely, such as a driver following traffic laws or a property owner maintaining safe premises.
- Breach of Duty: The at-fault party failed to uphold their duty through negligence or reckless actions.
- Causation: The injury must be directly linked to the breach of duty.
- Damages: The claimant must have suffered measurable harm, such as medical expenses, lost wages or pain and suffering.
Types of cases that qualify
Personal injury claims commonly arise from:
- Car Accidents: Caused by reckless or negligent driving.
- Slip and Falls: Due to unsafe property conditions.
- Medical Malpractice: Resulting from a healthcare provider’s negligence.
- Product Liability: Injuries caused by defective products.
To proceed, a claim must meet all legal requirements. If eligibility is unclear, speaking with a personal injury lawyer can help clarify the next steps.
Steps for Filing a Personal Injury Claim in New York
Filing a personal injury claim in New York requires following key steps to protect legal rights and seek fair compensation. Each step plays a critical role in building a strong case.
Step 1: Seek Medical Attention Immediately
- Get Medical Care Immediately: Delaying treatment may worsen injuries and weaken the claim.
- Follow The Prescribed Treatment Plan: Ignoring medical advice may affect recovery and claim validity.
- Collect All Medical Records and Bills: These prove injury and treatment costs.
Step 2: Gather and Preserve Evidence
- Photograph Injuries, Property Damage and Hazardous Conditions: Visual proof strengthens the claim.
- Obtain Witness Statements: Collect contact details and testimonies from those who saw the accident.
- Secure a Police or Incident Report: Official documentation supports claims of negligence.
- Organize All Records, Including Medical Bills, Lost Wages and Repair Estimates: These documents help calculate damages.
Step 3: File a Notice of Claim (If Suing a Government Entity)
- Submit the Notice Within 90 Days: Failure to meet this deadline may result in case dismissal.
- Provide a Detailed Accident Account: Include the date, location and injuries sustained.
- Specify Financial Losses and Medical Expenses: Clearly outline the damages sought.
- File Correctly and on Time: Mistakes in filing may lead to claim rejection.
What happens after a Notice of Claim is filed?
Expect an investigative process and possibly a hearing before proceeding with a lawsuit.
Step 4: Consult a Personal Injury Attorney
- Schedule a Consultation with a Lawyer: Most New York personal injury attorneys offer free case evaluations.
- Review the Claim’s Value: An attorney assesses damages, including medical costs and lost wages.
- Handle Communication with Insurers: Lawyers negotiate to prevent low settlement offers.
- Meet all Legal Deadlines: The statute of limitations for most claims in New York is three years.
Step 5: File an Insurance Claim (If Applicable)
- Report the Accident to the Insurance Company: Notify insurers immediately.
- Submit Medical Records, Accident Reports and Witness Statements: Supporting evidence strengthens the claim.
- Limit Conversations with Insurers: Statements made to adjusters may be used to deny or reduce compensation.
- Negotiate a Fair Settlement: Initial offers are often lower than the claim’s true value.
Step 6: File a Personal Injury Lawsuit (If Settlement Fails)
- File a Legal Complaint Outlining Injuries and Damages: This formally begins the lawsuit process.
- Ensure Proper Service of the Complaint: The defendant must receive an official lawsuit notice.
- Engage in the Discovery Phase: Both sides exchange evidence, witness statements and expert opinions.
- If No Settlement Is Reached, Prepare for Trial – A court may decide the case outcome.
Step 7: Settlement Negotiations and Trial Process
- Attempt Settlement Through Mediation or Arbitration: Many cases are resolved without trial.
- Engage in Final Settlement Discussions: Lawyers negotiate for maximum compensation.
- Proceed to Trial If Necessary: A judge or jury determines fault and the compensation awarded.
- Understand Trial Outcomes: A successful case results in compensation, but appeals may follow.
Key New York Laws Affecting Personal Injury Claims
New York has specific laws that impact personal injury claims, including time limits, fault rules and special procedures for suing government entities. Understanding these laws helps protect your right to compensation.
Statute of Limitations
In New York, most personal injury lawsuits must be filed within three years of the date of injury. Medical malpractice cases have a two-year and six-month deadline, while wrongful death lawsuits must be filed within two years of the date of death. With few exceptions, missing these deadlines can result in losing the right to compensation.
Comparative Negligence Rule
New York follows a pure comparative negligence system, meaning an injured party can recover damages even if partially at fault. However, compensation is reduced based on the percentage of fault. For example, if a victim is 30% responsible, their final compensation is reduced by 30%. This rule applies to all personal injury cases and is often used by insurance companies to minimize payouts.
Exceptions for Government-Related Claims
Claims against government entities require a Notice of Intention to make a claim in New York filed within 90 days of the accident. If unresolved, a lawsuit must be filed within one year and 90 days of the accident date. These strict deadlines apply to cases involving public transportation, city-owned properties and government employees. Missing the deadlines can result in losing the right to sue.
Understanding these laws ensures personal injury claims meet legal requirements and proceed without unnecessary delays.
Common Mistakes to Avoid While Filing a Personal Injury Claim
Filing a personal injury claim requires careful steps. Avoiding these common mistakes can help protect your rights and maximize compensation.
- Delaying Medical Treatment: Waiting to seek care can weaken the claim and allow insurers to question the severity of injuries.
- Failing to Gather Evidence: Lack of photos, witness statements or police reports makes proving negligence harder.
- Speaking to Insurers Without Legal Advice: Adjusters may use recorded statements to minimize or deny compensation.
- Missing Legal Deadlines: Most claims must be filed within three years, while government claims require action within 90 days.
- Accepting a Low Settlement Too Early: Quick offers rarely cover long-term medical costs and lost wages.
- Not Consulting an Attorney: Legal guidance from the law firms like Stanley Law Offices helps assess the claim, handle negotiations and prevent costly errors.
Taking the right steps early can strengthen a personal injury claim and improve the chances of fair compensation.
Need help with your personal injury claim? Call us today at 800-608-3333 for a free consultation!
FAQs About Filing an Injury Claim in NY
A personal injury claim in New York can take several months to several years, depending on the complexity of the case and settlement negotiations.
No, you do not need to go to court to receive compensation. Most personal injury claims are settled through negotiations without a trial.
If you were partially at fault for the accident, you can still file a claim. Under New York’s comparative negligence rule, your compensation will be reduced by your percentage of fault.
Yes, you can still file a claim if you didn’t feel injured at the time of the accident. Some injuries, like whiplash or internal damage, may appear later, so seeking medical evaluation is important.
The average personal injury settlement in New York varies based on injury severity, medical expenses and lost wages, typically ranging from thousands to millions.
Yes, you can file a personal injury claim without a police report, but having one strengthens the case by providing official accident documentation.
