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Personal Injury: What to Expect
A personal injury claim follows a fairly predictable path, even though every case is different. Understanding the process — not just the legal theory — helps you know what's coming and avoid mistakes that can weaken a claim before it starts.
In New York, most personal injury claims must generally be filed within three years of the accident, though the exact deadline depends on who is responsible (claims against a government entity have much shorter notice deadlines — see our Municipal Liability page). New York is also a "pure comparative negligence" state, meaning you can still recover damages even if you were partly at fault — your recovery is simply reduced by your share of responsibility.
- Documenting the accident scene and injuries
- Notifying insurance without giving a recorded statement
- A full medical evaluation of current and long-term injuries
- Calculating both current and future damages
- Negotiating with the insurance company
- Filing suit if a fair settlement isn't offered
Frequently Asked Questions
How long do I have to file a personal injury claim in New York?
Generally three years from the date of the accident, though this can be shorter for claims against a government entity or longer in limited circumstances. Consult an attorney promptly to confirm your deadline.
What if I was partly at fault for the accident?
New York's comparative negligence rule still allows you to recover damages — your award is reduced by your percentage of fault rather than eliminated entirely.
Do I have to go to court?
Most personal injury claims settle before trial, but your attorney should be prepared to try the case if the insurance company won't offer fair compensation.
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