This page was written, edited, reviewed & approved by Ruben Davidoff following our comprehensive editorial guidelines Ruben Davidoff ,the Founding Partner, has 30+ years of legal experience as a New York personal injury attorney.
Answers to common New York personal injury questions on deadlines, case value, fault, settlements, and legal fees. Call Davidoff Law at (718) 268-8800.
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If you have been injured because of someone else's negligence, you likely have questions about your legal rights, insurance claims, and the compensation you may be entitled to recover. Below are answers to some of the most common questions about New York personal injury law.
If you need advice about your specific situation, contact Davidoff Law at (718) 268-8800 for a free consultation.
What Is a Personal Injury Claim?
A personal injury claim is a legal claim seeking compensation for injuries caused by another person's or business's negligence or wrongful conduct. The goal is to recover financial compensation for losses such as medical expenses, lost income, pain and suffering, and other damages resulting from the accident.
Common examples of personal injury cases include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Dog bite injuries
- Construction accidents
- Defective product injuries
- Wrongful death claims
Every case is different, and the evidence needed to prove liability depends on the type of accident involved.
Frequently Asked Questions About New York Personal Injury Claims
How Do I Know If I Have a Personal Injury Case?
You may have a personal injury case if someone else's negligence or wrongful conduct caused your injuries. In most cases, you must show that another party owed you a duty of care, breached that duty, and caused your injuries and damages.
An attorney can review the facts of your accident and determine whether you have a valid claim.
How Long Do I Have to File a Personal Injury Lawsuit in New York?
In many personal injury cases, New York Civil Practice Law and Rules (CPLR) § 214(5) gives injured victims three years from the date of the accident to file a lawsuit. However, exceptions may apply depending on the type of claim and the parties involved.
For example, claims against government entities often have much shorter notice requirements and filing deadlines. Because missing a deadline can affect your right to recover compensation, it is best to speak with an attorney as soon as possible.
What Should I Do Immediately After an Accident?
The steps you take after an accident can affect both your health and your legal claim.
You should:
- Seek medical attention immediately.
- Report the accident to the appropriate authorities.
- Take photographs or videos of the scene, if possible.
- Collect witness contact information.
- Preserve medical records and receipts.
- Avoid discussing the accident with insurance adjusters before understanding your legal rights.
- Contact a personal injury lawyer.
Taking these steps can help protect important evidence and strengthen your claim.
How Much Is My Personal Injury Case Worth?
There is no standard settlement amount for a personal injury case. The value of your claim depends on factors such as:
- The severity of your injuries.
- Your medical expenses.
- Lost wages and future earning capacity.
- Pain and suffering.
- Whether you will require future medical treatment.
- The strength of the evidence supporting your claim.
A lawyer can evaluate your damages and provide a better estimate based on the facts of your case.
What Types of Compensation Can I Recover?
If someone else's negligence caused your injuries, you may be able to recover compensation for:
- Medical expenses
- Future medical care
- Lost wages
- Loss of future earning capacity
- Pain and suffering
- Emotional distress
- Property damage, when applicable
- Wrongful death damages in eligible cases
The compensation available depends on the nature of your injuries and the evidence supporting your claim.
Can I Recover Compensation If I Was Partially at Fault?
Yes. New York follows a pure comparative negligence rule. Even if you were partially responsible for the accident, you may still recover compensation. However, your recovery is generally reduced by your percentage of fault.
For example, if you are awarded $100,000 but are found 20% responsible for the accident, you may still recover $80,000.
Will My Case Go to Court?
Not necessarily. Many personal injury claims are resolved through settlement negotiations without going to trial. However, if the insurance company disputes liability or refuses to offer fair compensation, filing a lawsuit or proceeding to trial may become necessary.
How Long Does a Personal Injury Case Take?
Every case is different. Some claims settle within a few months, while others take a year or longer, particularly if liability is disputed or serious injuries require ongoing medical treatment.
The timeline often depends on the complexity of the case, the severity of your injuries, and whether a lawsuit becomes necessary.
Do Most Personal Injury Cases Settle?
Yes. Most personal injury cases are resolved through negotiated settlements before reaching trial. Settlements can save both parties time and expense while allowing injured victims to receive compensation sooner.
However, if a fair settlement cannot be reached, your attorney may recommend pursuing your case in court.
Do I Need a Lawyer for a Personal Injury Claim?
You are not legally required to hire a lawyer, but legal representation can be especially valuable in cases involving serious injuries, disputed liability, multiple responsible parties, or insurance companies that refuse to offer fair compensation.
An attorney can investigate your case, gather evidence, negotiate with insurers, and protect your legal rights throughout the claims process.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most personal injury lawyers, including Davidoff Law, work on a contingency fee basis. This means you pay no upfront attorney's fees, and your lawyer only gets paid if they recover compensation for you.
During your free consultation, your attorney can explain how contingency fees work and answer any questions about costs.
What Evidence Helps a Personal Injury Case?
The stronger your evidence, the stronger your claim is likely to be. Helpful evidence may include:
- Accident or police reports
- Medical records and bills
- Photographs and videos
- Witness statements
- Surveillance footage
- Employment records showing lost wages
- Expert opinions, when appropriate
Preserving evidence as soon as possible after an accident can make it easier to prove liability and damages.
Should I Talk to the Insurance Company?
You should be cautious when speaking with an insurance adjuster. Insurance companies may ask for recorded statements or request information before the full extent of your injuries is known.
Before accepting a settlement offer or providing a recorded statement, consider speaking with a personal injury attorney to understand your legal rights.
What Is a Demand Letter?
A demand letter is a formal request for compensation sent to the at-fault party or their insurance company. It explains how the accident occurred, describes your injuries and damages, and includes supporting evidence such as medical records and bills.
In many personal injury cases, a demand letter marks the beginning of settlement negotiations.
What Happens If the Insurance Company Denies My Claim?
A denial does not necessarily mean your case is over. Depending on the circumstances, you may be able to:
- Provide additional evidence.
- Continue settlement negotiations.
- Respond to the insurer's reasons for denial.
- File a personal injury lawsuit if appropriate.
An attorney can review the denial and explain the options available in your case.
Can I Still File a Claim If My Symptoms Appeared Later?
Yes, in many cases. Some injuries, including whiplash, traumatic brain injuries, and soft tissue injuries, may not produce symptoms immediately after an accident.
You should seek medical attention as soon as symptoms develop. Prompt treatment can help protect both your health and your personal injury claim.
Can I Recover Future Medical Expenses?
Possibly. If your injuries are expected to require ongoing treatment, rehabilitation, surgery, medication, or long-term care, you may be able to recover compensation for reasonably anticipated future medical expenses.
Medical records and expert opinions often play an important role in establishing these future damages.
What Happens If the Person Who Injured Me Doesn't Have Insurance?
Your options depend on the circumstances of the accident. In some cases, you may be able to pursue compensation through your own insurance coverage, another liable party, or other available legal remedies.
An attorney can review your situation and identify the options that may be available.
When Should I Contact a New York Personal Injury Lawyer?
It is generally best to speak with a personal injury lawyer as soon as possible after an accident. Early legal representation can help protect your rights and preserve important evidence before it is lost.
An attorney can help:
- Investigate the accident.
- Gather evidence.
- Identify all potentially liable parties.
- Communicate with insurance companies.
- Calculate your damages.
- Protect you from missing important legal deadlines.
Seeking legal advice early also allows your attorney to build the strongest possible case while you focus on your recovery.
Contact Our Personal Injury Lawyer at Davidoff Law for a Free Consultation
If you have questions about a personal injury claim in New York, you do not have to find the answers alone. Contact Davidoff Law today at (718) 268-8800 for a free consultation.
Our experienced personal injury attorneys are ready to answer your questions, explain your legal options, and fight for the compensation you deserve.
Ruben Davidoff, founder of Davidoff Law, established his practice in 2012 after moving to Queens in 1988 and beginning his legal career in 1997. Admitted in NY State and the US District Court for the Eastern District of NY, he has extensive experience in personal injury, handling various cases like airline crashes, auto accidents, and slip/trip and fall cases. Mr. Davidoff provides personalized attention, recovering millions for clients through settlements or verdicts, leveraging decades of experience.
