New York Personal Injury: How to Maximize Your Compensation

Start Strong: Preserve Evidence Immediately

Your claim’s value often turns on the quality of your evidence. If you can do so safely:

• Photograph or video the scene, hazards, vehicles, lighting/weather, and visible injuries.
• Identify witnesses and save their contact information.
• Keep damaged property and clothing.
• Preserve medical discharge papers, prescriptions, imaging results, and billing records.
• Maintain a pain and recovery journal tracking symptoms, missed activities, and work limitations.
• Ask businesses or property owners to preserve surveillance footage as soon as possible.
• Back up everything in a secure folder.

Seek Prompt Medical Care and Follow Through

Gaps in treatment are frequently used to downplay claims. Get evaluated as soon as possible, follow medical advice, attend follow-up appointments, and complete recommended therapy. Keep all bills, explanation-of-benefits statements, mileage logs for appointments, and receipts for out-of-pocket costs like braces or over-the-counter supplies.

Understand New York’s Comparative Fault

New York applies pure comparative negligence, which means your compensation can be reduced in proportion to your share of fault. Clear documentation, witness statements, and expert opinions can help minimize disputed fault and protect the value of your claim. See CPLR § 1411.

Document All Categories of Damages

To maximize recovery, capture the full scope of losses:

• Medical treatment and future care needs
• Lost wages and diminished earning capacity
• Household or childcare help you had to hire
• Transportation to medical visits
• Non-economic harms such as pain, emotional distress, and loss of enjoyment of life

Ask your providers for narrative reports that connect your injuries to the incident and explain future limitations.

Leverage No-Fault Benefits Where Applicable

After most motor vehicle accidents in New York, no-fault (Personal Injury Protection) may cover certain medical expenses and a portion of lost earnings, regardless of fault, up to policy limits. Promptly notify your insurer, complete required forms, and meet all insurer deadlines. See the NYS Department of Financial Services PIP overview.

Establish Serious Injury in Auto Cases When Needed

In most motor-vehicle cases governed by New York’s No-Fault Law, recovering non-economic damages from an at-fault driver requires meeting the state’s “serious injury” threshold. Detailed diagnostic imaging, objective tests, and range-of-motion measurements can be crucial. See Insurance Law § 5102 (definition of serious injury) and Insurance Law § 5104. This requirement does not apply in every scenario, and exceptions may exist based on the type of vehicle and coverage.

Be Strategic With Insurers

• Provide accurate, concise information; avoid speculation.
• Consider consulting an attorney before recorded statements.
• Avoid broad medical authorizations that allow access to unrelated history.
• Organize a demand package with liability proof, medical records, billing ledgers, wage documentation, and a clear explanation of future care needs.
• Be prepared to address common arguments (e.g., preexisting conditions or “excessive” treatment).

Calculate Future and Non-Economic Losses

Substantiate long-term and human impacts where appropriate:

• Vocational and economic expert opinions for lost earning capacity
• Life care plans for ongoing treatment, equipment, and home modifications
• Physician narratives explaining activity restrictions
• Consistent journal entries, corroborating witness statements, and objective treatment milestones to support pain and suffering

Mind Critical Deadlines and Notice Requirements

Timelines vary by claim type and party. Examples (exceptions may apply):

• Personal injury negligence: generally three years from the accident. See CPLR § 214.
• Medical malpractice: generally two years and six months. See CPLR § 214-a.
• Wrongful death: generally two years from the date of death. See EPTL § 5-4.1.
• Claims against New York municipalities: a notice of claim may be required, often within 90 days. See GML § 50-e.

Act quickly to protect your rights.

Quick Tips to Strengthen Your Case

Claim-Ready Checklist

When to Involve an Attorney

Consider contacting a New York personal injury attorney as early as possible, especially with significant injuries, disputed fault, multiple parties, commercial defendants, or government entities. Counsel can secure evidence, coordinate expert evaluations, manage insurer communications, and evaluate settlement versus litigation.

What to Bring to a Consultation

• Police or incident report
• Photos/video and witness information
• Medical records and bills
• Health insurance and auto policy information
• Proof of lost wages
• All correspondence from insurers

FAQ

Do I have a deadline to file in New York?

Yes. Many personal injury claims have a three-year statute of limitations, but medical malpractice, wrongful death, and claims against government entities can have shorter or different deadlines. Act quickly to avoid losing rights.

What if I was partly at fault?

New York’s pure comparative negligence reduces your recovery by your percentage of fault but does not bar your claim.

Can I recover for pain and suffering after a car crash?

Often only if you meet the serious injury threshold under New York’s No-Fault Law, subject to exceptions.

Should I talk to the other driver’s insurer?

Provide only basic facts and consider consulting an attorney before giving a recorded statement or signing authorizations.

Questions about your case? Contact us to request a consultation.