Questions About New York Injury Claims

Get medical attention, even if you think you can walk it off — neck, back and head injuries often present hours or days later, and a gap between the crash and your first medical record is the single most common thing an insurer uses to argue you were not badly hurt. Report the accident, photograph the scene and the vehicles if you can, and get the names of anyone who saw it happen.

Almost never. You cannot know the extent of an injury in the first week, and an informal payment does not stop the medical bills that arrive afterwards. Once you have accepted money and signed a release, the claim is generally over even if your condition turns out to be far worse.

No. An adjuster for the other side is not neutral, and a recorded statement taken before you know the extent of your injuries is used to lock in answers that can be quoted back at you later. You are entitled to speak to a lawyer first.

A police report is evidence, not a verdict. Officers usually arrive after the fact and record what they are told. Reports can be supplemented or contradicted by photographs, vehicle damage, camera footage and witness accounts.

You can still have a claim, but the record matters. See a doctor and describe every symptom, including the ones that seem minor. Gaps and omissions in early treatment are the most common way a genuine injury gets discounted.

Nothing up front. We work on contingency — a percentage of what we recover, and no fee at all if there is no recovery. Our guide to contingency fees sets out how the percentage works, what case expenses are, and what to ask before signing any retainer.

After a motor vehicle crash, no-fault covers medical bills and part of your lost earnings up to the basic $50,000 policy limit, regardless of fault. Outside of motor vehicle cases it depends on your health coverage, and treatment can sometimes be arranged on a lien against the eventual recovery.

Often yes. Health insurers, no-fault carriers, Medicare and Medicaid may all have a right of reimbursement out of a recovery. These liens are negotiable, and reducing them is part of the work — the number that matters is what reaches you, not the headline figure.

It depends on the injury, the treatment, what you could not do because of it, and what income you lost — and on how clearly fault can be shown. Any lawyer who gives you a firm number at the first meeting is guessing. Prior results do not guarantee a similar outcome.

You pay no fee. Case expenses — filing fees, records, expert reports — are handled under the terms of the retainer, which is exactly why you should read that document before signing it.

Three years from the injury for most claims against a private driver, business or property owner, under CPLR § 214. But that is the general rule, not a promise — several situations cut it dramatically.

Then the clock is far shorter. A written Notice of Claim is due within 90 days of the incident under General Municipal Law § 50-e, and the lawsuit itself within one year and 90 days. Miss the 90-day notice and the claim can be over before the first year is out. This is the deadline most often missed on cases we are asked to take over.

Yes, and it is the shortest of all. The no-fault application goes to your own insurer within 30 days of the crash. It is independent of every other deadline on this page.

Two years from the date of death under EPTL § 5-4.1. That is separate from any claim for the pain and suffering the person experienced before they died, which runs on its own timetable.

The limitation period is generally tolled — paused — until a child turns eighteen, so a claim can survive long past the ordinary three years. The 90-day Notice of Claim rule against public bodies is far less forgiving, so a child injured on city property still needs advice quickly. See child injury claims.

Probably not in the sense you are imagining. The large majority of injury claims resolve without a trial. You may attend a deposition and a medical examination arranged by the other side, both of which we prepare you for.

Straightforward claims can resolve in months. Cases with serious injuries, disputed fault or a public defendant take considerably longer, partly because the full extent of an injury is not known until treatment has run its course. Settling before that point usually means settling for less.

A question-and-answer session under oath, out of court, with a stenographer present. The other side's lawyer asks about the accident and your injuries. It is not a trap if you are prepared for it, and preparing you for it is our job.

New York uses comparative negligence: being partly at fault reduces what you recover in proportion rather than barring the claim outright. Even a substantial share of blame does not end a case. Our guide to comparative negligence explains who has to prove what.

No, and early offers are usually made before the medical picture is complete. The decision to accept or refuse is always yours — our role is to make sure it is an informed one.

You may still have a claim through the uninsured or underinsured motorist coverage on your own policy, and there are notice requirements that apply quickly. See hit and run accidents.

It can be both. Workers’ compensation covers you regardless of fault but does not pay for pain and suffering. If someone other than your employer contributed — a contractor, a property owner, a driver — a separate claim may run alongside it. On a construction site, New York’s Labor Law §§ 240 and 241 give protections that exist in almost no other state. See construction and work injuries.

Yes, and passengers are rarely at fault, which often makes these among the more straightforward claims. You may have a claim against either driver, or both.

Immigration status does not determine your right to bring an injury claim in New York, and it is not a reason to avoid seeking medical care or legal advice.

Yes — the whole site is available in Spanish at dcnyclaw.com/es, and you can speak to us in Spanish when you call.