Pain after an accident is not only physical. It brings fear, confusion, and money worries. You may hear quick offers and legal terms that feel cold and distant. In New York, the law gives you rights that protect your health, job, and future. You deserve to know those rights in plain language. This guide explains how personal injury claims work, what you can ask for, and how long you have to act. It also explains what to do after a crash, fall, or other harm. You will see how insurance companies respond and what proof you need. You will also see how lawyers, including Sullivan & Galleshaw personal injury lawyers, can support you. By the end, you will know the steps you can take, what to expect, and how to protect yourself and your family.
What counts as a personal injury claim in New York
A personal injury claim starts when someone’s careless act hurts you. New York law calls this negligence. You must show three basic things.
- The other person had a duty to act with care
- The person failed to act with care
- You suffered harm as a result
Common personal injury events include:
- Car, truck, or motorcycle crashes
- Pedestrian and bicycle collisions
- Falls on unsafe walkways, stairs, or floors
- Injuries from unsafe buildings or property
- Dog bites
Each type follows the same core idea. Someone failed to act with care. You got hurt. New York law gives you a path to seek money for that harm.
New York’s no-fault car insurance rules
Car crashes in New York follow special rules. New York uses no-fault insurance for most car injuries. Your own car insurance often pays your medical bills first, even if the other driver caused the crash.
These no-fault benefits are called Personal Injury Protection or PIP. You can read more about PIP and crash claims on the New York State Unified Court System auto accident guide.
No fault usually covers:
- Reasonable medical bills up to your policy limit
- Part of your lost wages
- Certain other basic costs
You can step outside of no-fault and sue the at-fault driver when your injury is serious. New York law lists serious injuries. These include significant loss of use of a body part, certain fractures, and other long-lasting harm.
Types of losses you can claim
Your claim can cover three main groups of losses.
- Economic losses. Medical bills. Therapy. Medication. Lost wages. Travel to treatment.
- Non economic losses. Pain. Loss of sleep. Loss of independence. Strain on family life.
- Future losses. Ongoing care. Reduced ability to work. Lasting limits on daily life.
New York does not cap most personal injury money awards. A court or settlement can match the proof you show. Strong records matter.
What to do right after an injury
Your actions in the first hours and days can shape your claim. You can focus on three simple steps.
- Get medical care. Seek care right away. Tell the doctor about every symptom. Follow the treatment plan.
- Report the event. Call the police after a crash. Tell the property owner after a fall. Ask for a copy of any report.
- Collect proof. Take photos of the scene and your injuries. Save clothes and damaged items. Write down the names and contact details of witnesses.
Then you can start a paper trail. Keep every bill, receipt, and medical note in one folder. This record supports your story when the insurance company asks questions.
Key deadlines for New York personal injury claims
New York sets strict time limits called statutes of limitations. If you miss a deadline, you may lose your right to sue. The general time limits for many cases are:
| Type of claim | Typical time limit to sue in New York | Who you may sue |
|---|---|---|
| General personal injury (for adults) | 3 years from the date of injury | Individuals or private companies |
| Medical malpractice | 2 years and 6 months from the malpractice | Doctors, hospitals, clinics |
| Claim against a New York city or state agency | Notice of claim often within 90 days. Lawsuit within 1 year and 90 days | City, county, or state entities |
You can confirm current New York time limits and procedures in the New York Civil Practice Law and Rules. Time rules for children and some special cases can differ. Early legal advice can stop painful mistakes.
How fault is shared in New York
New York uses pure comparative negligence. This means fault can be shared. Your money award can drop by your share of fault.
For example, if a court finds you 20 percent at fault and the other person 80 percent at fault, your award drops by 20 percent. You still recover 80 percent of your losses.
Insurance companies often try to raise your share of fault. Careful proof can push back. Photos, witness statements, camera footage, and medical notes can all help show what really happened.
Dealing with insurance companies
Insurance adjusters work for the insurance company. Their goal is to close claims for as little money as possible. They may:
- Ask for a recorded statement soon after the event
- Request broad access to your medical history
- Offer quick cash before you know the full extent of your injuries
You have the right to:
- Take time before giving any statement
- Read and question any form before you sign
- Talk to a lawyer before you accept an offer
A written record helps. You can keep a simple log of every call, letter, or email. Write the date, name, and what was said. This record can protect you if stories change later.
How a lawyer can support your claim
You face pain, family needs, and work worries at the same time. A lawyer can carry the legal weight, so you can focus on healing. A lawyer can:
- Explain your rights in clear terms
- Gather and organize proof
- Work with doctors to show how the injury affects your life
- Deal with the insurance company so you do not have to
- Negotiate a settlement or take your case to court
Many injury lawyers use contingency fee agreements. They get paid only if you recover money. New York law and court rules set clear limits on certain fee types. You can ask every question you have about fees during your first meeting.
Protecting your family and your future
An injury can shake your sense of safety. It can strain your home life and your savings. You cannot change the past, but you can claim your rights now.
You can take three firm steps today.
- Write down everything you remember about the event
- Schedule any follow-up medical visits you have missed
- Reach out for legal guidance before you speak further with insurers
New York law gives you a path to seek fairness after harm. With clear information, careful records, and steady support, you can move through the claim process with more control and less fear.
