What is a NY Personal Injury Case?
A personal injury refers to any physical, emotional, or psychological harm caused by another’s actions, inaction, or negligence. These injuries can result from various incidents such as car accidents, slip and falls, medical malpractice, or workplace accidents.
A New York personal injury claim seeks to compensate individuals for the physical, emotional, and financial harm they’ve endured. The goal of a personal injury case, either through an insurance claim or personal injury lawsuit, is to recover damages such as medical expenses, lost wages, and pain and suffering, holding the responsible party accountable, and helping restore the victim to their pre-injury state. Sometimes, personal injury claims also prevent future harm by addressing dangerous conditions or practices.
What are the Steps to Take After an Injury?
Immediately after an accident, it’s crucial to prioritize your health and safety. Seek medical attention, even if your injuries seem minor, as some conditions may worsen over time. Contact the police or property owner to report the incident and document everything, including taking photos of the scene, getting witness statements, and preserving evidence supporting your claim.
Consulting with an attorney early will help ensure your rights are protected and that you avoid mistakes.
DO I HAVE A PERSONAL INJURY CASE?
To determine if you have a personal injury case in New York, consider if someone else’s negligence caused your injury. This could be due to direct actions or a failure to act, leading to your harm. If your situation involves an injury that could have been prevented and was foreseeable, you might have grounds for a personal injury claim for the resulting losses. You should discuss the details of your case with the best personal injury lawyer in NYC that you can find.
WILL THE OTHER SIDE BLAME ME FOR THE ACCIDENT?
In some personal injury cases, the alleged parties at fault may claim that you share all or a portion of the blame for the incident that caused your injuries. This is a common defense used to reduce what large insurance companies pay out because it can impact your compensation if you’re partially responsible.
Under New York’s “pure comparative negligence” rule, compensation is reduced by your percentage of fault. For instance, if you’re 10% at fault in a case with $1,000,000 in damages, you can receive up to $900,000, or 90% of the total.
WHEN SHOULD I CONTACT AN NYC INJURY LAWYER?
Many people wonder whether they need to hire a lawyer after an accident. But everyone deserves to know their rights, and the chance to make informed decisions about pursuing compensation. If you were in an accident and suffered injuries as a result, it is best to consult an experienced personal injury lawyer in New York City as soon as possible. Our law firm offers free initial consultations.
HOW MUCH DOES IT COST TO HIRE A PERSONAL INJURY LAWYER?
Our NYC personal injury attorneys work on a contingency basis. This means we receive a standard percentage of what we recover on your behalf. You are not responsible for any up-front costs; we assume all the risk. If you do not recover compensation, you won’t owe us anything. This is sometimes referred to as “no win, no fee.”
How Do I Prove Fault & Win a Personal Injury Claim
Winning a claim can mean many things, but to file a successful personal injury claim in NY and prove your case, the injured party (plaintiff) must demonstrate that the responsible party (defendant) had a duty of care, breached that duty, and caused the injury. New York law allows victims to seek compensation for economic and non-economic damages. However, factors like the statute of limitations and shared fault rules may impact the outcome.
Will I Need to Go to Court?
Most personal injury cases are settled out of court through negotiations. However, if a fair settlement cannot be reached or your case would benefit from a personal injury lawsuit, your case may go to trial. Your lawyer will advise you on whether a court case is necessary and prepare you for trial if needed.
How Long Does a NY Personal Injury Case Take?
The timeline for a personal injury case in New York varies depending on the specifics, the extent of your injuries, and whether it can be settled or needs to go to trial. Cases that settle can take a few months, while those that go to trial could take a year or more. Your attorney will help you understand what to expect.
What to Expect from a Free Consultation with a Personal Injury Lawyer?
A free consultation is your chance to ask questions, share your story, and find out whether you have a strong personal injury case. At HKD, we use this time to assess the facts, explain your legal options, and outline the process ahead.
We’ll ask about how the injury happened, who was involved, and what kind of care you’ve received. Bring any medical records, police reports, insurance info, or photos—these help us evaluate your claim and estimate potential compensation. We’ll also discuss our contingency fee structure (you pay nothing unless we win). Most importantly, we’ll give you an honest assessment of your case and what to expect.
WHAT IS THE PERSONAL INJURY CLAIM PROCESS?
A personal injury claim in New York City often starts with an out-of-court settlement attempt but may progress to litigation. Depending on where your accident or injuries occurred, this means filing in New York County (Manhattan) Supreme Court, Kings County (Brooklyn) Supreme Court, Queens County Supreme Court, Bronx County Supreme Court, or Richmond County Supreme Court.
The process begins by filing a Summons and Complaint outlining the legal claims, the defendants, and the sought-after compensation. The Discovery Phase commences, where both sides exchange information and evidence. If no personal injury settlement is reached, the case moves to trial, where attorneys argue before a judge or jury. The trial concludes with a verdict that determines liability and compensation.
HOW MUCH IS MY PERSONAL INJURY CLAIM WORTH?
Personal injury claims are as unique as the people involved. However, certain key elements must be considered when determining the value of an individual injury case. An experienced New York City injury attorney can help evaluate how an accident impacted you, calculate all the losses you incurred, and how to recover maximum compensation.
What Laws Apply to New York Personal Injury Cases?
Your personal injury case will be governed by several key New York laws determining how to file a claim, the damages you can pursue, and who may be held accountable. These laws cover everything from deadlines to filing a claim to rules about shared fault and protections for workers injured on the job.
Here are the laws that lay the foundation for how personal injury claims are handled in New York.
WHAT IS THE STATUTE OF LIMITATIONS FOR PERSONAL INJURY IN NEW YORK?
The New York statute of limitations provides victims three years from the date of an injury to file a personal injury lawsuit. There are some exceptions. While three years may seem sufficient, you should contact an injury attorney for legal advice. Cases against municipalities and the State have much shorter statutes of limitations. You also must file a Notice of Claim within 90 days of the accident.
What Questions Should I Ask a NY Personal Injury Lawyer?
During your free consultation, use the time to prepare and assess whether the attorney is the right fit. Ask about their experience with cases similar to yours, such as child injury claims or commercial truck accidents, and make sure they understand the nuances of New York law. Clarify how fees work (most top firms like HKD work on contingency) and what communication to expect. Will you have direct access to your lawyer? How often will they provide updates? A reputable NY personal injury lawyer will be transparent, accessible, and experienced in the specific type of case you’re facing.
What are the Common Mistakes to Avoid in a Personal Injury Case
First and foremost, never speak with the at-fault party’s insurance company before consulting with an attorney. Insurance companies are skilled at minimizing payouts; anything you say could be twisted to reduce the compensation you’re entitled to. Second, never delay medical attention, even if your injuries seem minor at first—immediate medical documentation is vital to the success of your claim. Settling too quickly is another major pitfall. Without a clear understanding of the long-term consequences of your injuries, you could end up with far less than you need for future medical costs, lost wages, or pain and suffering.
Finally, don’t try to navigate the legal system alone. Personal injury cases are often complex, and having a skilled lawyer in your corner is the best way to negotiate with insurance companies and secure the maximum compensation you deserve.
