Not every accident leads to a lawsuit. But when someone else’s carelessness causes you serious harm, you should not be left alone with the medical bills, lost income and pain that follow. Personal injury law exists to hold the responsible party accountable and help you recover.
The hard part is knowing whether what happened to you is actually a case. Here is how New York personal injury claims generally work, what you need to show, the deadlines that apply, and what compensation may be available.
The four things most injury cases have to show
Most personal injury claims in New York are based on negligence. In plain terms, that usually means showing:
- Duty: the other person or business had a responsibility to act with reasonable care toward you. Drivers owe it to others on the road; property owners owe it to visitors.
- Breach: they failed to meet that responsibility, for example by running a red light, ignoring a broken stair, or leaving a spill on the floor.
- Causation: that failure caused your injury.
- Damages: you suffered real harm, such as medical expenses, lost wages, or pain and limitations.
If any one of these is missing, the claim may be difficult to win. A free consultation with a lawyer is usually the quickest way to find out where your situation stands.
Common types of personal injury cases in New York
Car, truck and rideshare accidents
New York is a “no-fault” state for car accidents. Your own auto policy generally pays basic medical bills and some lost wages up to a set limit, no matter who caused the crash. To sue the at-fault driver for pain and suffering, the law generally requires a “serious injury” as defined by New York Insurance Law, such as a fracture, significant limitation of a body part, or an injury that keeps you from your usual activities for a long period. No-fault applications have their own short deadline, often 30 days, so do not wait.
Slip and fall / premises liability
Property owners and managers must keep their premises reasonably safe. Wet floors, broken stairs, poor lighting, icy sidewalks and missing handrails are frequent causes of injury. These cases often turn on whether the owner created the hazard or knew (or should have known) about it and failed to fix it in time. Photos taken right after the fall and the names of witnesses can be extremely valuable.
Construction accidents
Construction workers are protected by workers’ compensation, but New York’s Labor Law can also make property owners and general contractors responsible for certain falls from heights, falling objects and safety-code violations. These can be some of the most significant injury cases in the state. If you were hurt on a job site, see our article on your rights when you are injured at work.
Pedestrian and bicycle accidents
People walking or biking in Queens and on Long Island are especially vulnerable to serious injuries. Depending on the facts, claims may be available against drivers and, in some situations, against the entity responsible for a dangerous road condition.
Deadlines you cannot afford to miss
- General negligence claims: in New York, the statute of limitations is generally three years from the date of the injury.
- Claims against a city, county or public agency (for example, a fall on a city sidewalk or a crash with a city bus): a formal Notice of Claim must generally be filed within 90 days, with a shorter overall window to sue.
- Wrongful death: generally two years from the date of death.
There are exceptions in both directions, and missing a deadline can end a case entirely, which is why it is best to get advice early.
What if you were partly at fault?
New York follows a pure comparative negligence rule. In general, you can still recover even if you were partly responsible, but your compensation is reduced by your share of fault. For example, if you were found 20% at fault, your recovery would generally be reduced by 20%. Do not assume you have no case just because the other side says the accident was your fault.
What compensation may be available?
Depending on the case, damages in a New York personal injury claim can include:
- past and future medical expenses,
- lost wages and loss of future earning ability,
- pain and suffering,
- loss of enjoyment of life, and
- in some cases, a spouse’s claim for loss of services.
Steps to protect your claim
- Get medical care right away and follow your doctor’s treatment plan.
- Report the incident (to police, the store manager or the property owner) and get a copy of the report.
- Take photos of the scene, the hazard or vehicles, and your injuries.
- Collect witness names and phone numbers.
- Do not give a recorded statement to the other side’s insurance company before getting advice.
- Stay off social media about the accident.
Get an honest answer about your case
At Villamar Law Group, we help people injured in accidents across Queens and Long Island from our offices in Jackson Heights and Hempstead. Review our practice areas, or contact us at (718) 750-5050 for a free consultation about what happened to you. Se habla español.
This article is general information, not legal advice. Every case is different, and laws change. Speak with a lawyer about your specific situation.