Hurt in New York? Personal Injury Lawyers You Trust
If you were injured in New York, you may be entitled to compensation for medical bills, lost wages, and pain and suffering. Learn how New York personal injury claims work, what to do after an accident, and how experienced counsel can protect your rights.
After an Injury: First Steps in New York
- Get medical care right away and follow your provider’s instructions. Your records are key evidence.
- Report the incident. For motor vehicle crashes, call the police; for property incidents, notify the owner or manager.
- Document the scene. Take photos, gather witness names, and keep damaged items.
- Do not give detailed statements to insurers before you understand your rights.
- Consult a New York personal injury lawyer promptly to evaluate your options and preserve evidence.
Quick Tips
- Keep a daily pain and recovery journal to track symptoms and activity limits.
- Save every receipt related to the injury, including travel to medical appointments.
- Set your social media to private and avoid posting about the incident or your injuries.
Understanding New York Personal Injury Claims
New York law allows injured people to seek compensation when another party’s negligence or wrongful conduct causes harm. Common cases include motor vehicle collisions, pedestrian and bicycle crashes, construction and workplace accidents, dangerous property conditions (premises liability), defective products, and medical negligence. Recoverable damages can include medical expenses, lost earnings, reduced earning capacity, and, where permitted by law, non-economic losses such as pain and suffering.
New York’s No-Fault Auto Insurance Basics
After a motor vehicle crash involving a covered motor vehicle in New York, “basic economic loss” is typically paid first through no-fault (Personal Injury Protection) benefits, regardless of who was at fault, up to applicable limits. See N.Y. Insurance Law § 5102 (definitions, including basic economic loss) and § 5103 (PIP coverage). Certain vehicles and circumstances are excluded by statute (for example, motorcycles are not treated as “motor vehicles” for no-fault purposes). You may pursue additional claims depending on your injuries and losses, as explained below.
What Is a “Serious Injury” in New York?
New York law specifies categories that qualify as a “serious injury” in motor vehicle cases, including, for example, significant disfigurement, fracture, loss of a fetus, permanent loss or consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and a medically determined non-permanent impairment that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days following the accident. See N.Y. Insurance Law § 5102(d).
Under N.Y. Insurance Law § 5104(a), you may recover non-economic loss (such as pain and suffering) from an at-fault driver only if you sustained a statutory serious injury. Claims for economic loss beyond basic economic loss may be pursued even if you do not meet the serious injury threshold.
Comparative Negligence: How Fault Affects Recovery
New York follows a pure comparative fault rule: if you are found partly at fault, your damages may be reduced in proportion to your share of responsibility, but your claim is not barred solely because you share fault. See CPLR § 1411.
Deadlines and Notice Requirements
Strict deadlines apply and can arrive quickly. As examples: negligence actions are generally subject to a three-year statute of limitations (CPLR § 214); medical malpractice actions are generally two years and six months (CPLR § 214-a); and many claims against municipalities require a Notice of Claim within 90 days (General Municipal Law § 50-e). Auto no-fault benefits also have prompt notice requirements under policy terms and regulations. Because rules vary by facts and claim type, consult counsel promptly to avoid missing a deadline.
How an Experienced New York Injury Lawyer Helps
- Investigates the incident and preserves key evidence.
- Coordinates medical documentation and expert support.
- Navigates no-fault benefits and health insurance liens.
- Calculates damages, including future losses.
- Negotiates with insurers and litigates when necessary.
- Keeps you informed and advocates at every step.
Client Checklist
- Accident or police reports
- Photos/videos of the scene and your injuries
- Medical records and bills; health insurance information
- Correspondence from insurers or adjusters
- Employment and wage documentation
- Any prior claims or relevant medical history
Frequently Asked Questions
Can I still have a claim if I was partly at fault? Yes. New York applies comparative negligence, so your compensation may be reduced by your percentage of fault but is not barred solely because you share responsibility (CPLR § 1411).
Do I have to see a specific doctor? You may choose your own providers, though auto no-fault and certain plans have rules for billing and verification. Keep all appointments and follow prescribed care.
What if the other driver has little or no insurance? You may have uninsured/underinsured motorist coverage or other avenues of recovery. An attorney can evaluate all available coverage.
How long will my case take? Timelines vary based on injury severity, treatment, liability disputes, insurance coverage, and court scheduling.
Take the Next Step
If you or a loved one were hurt in New York, early legal guidance can protect your rights and improve your outcome. Contact us for a free, confidential consultation.
Disclaimer: This post is for general informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. It reflects New York law as of the date noted and may change. Laws and deadlines depend on specific facts; consult a licensed New York attorney about your situation.