How to File a Personal Injury Claim in New York

Being injured due to someone else’s negligence can be a life-altering experience. If you or a loved one has suffered an injury in New York, understanding the process of filing a personal injury claim is essential to ensure you receive the compensation you deserve. In this post, we’ll break down the steps involved, key considerations, and important timelines to help guide you through the process.

What Is a Personal Injury Claim?

A personal injury claim is a legal action you file to seek compensation for injuries sustained due to another party’s negligence or wrongful conduct. These injuries can result from car accidents, slip and falls, medical malpractice, defective products, or other incidents where someone else’s actions (or lack thereof) caused harm.

When Should You File a Claim?

Timing is critical when it comes to personal injury claims. In New York, the statute of limitations generally requires you to file your claim within three years from the date of the injury. However, there are exceptions depending on the circumstances, so it’s important to act promptly:

• Immediate Medical Attention: Seek medical treatment as soon as possible—not only is this crucial for your health, but it also creates a record of your injuries.
• Early Documentation: The sooner you document your injuries and gather evidence, the stronger your claim will be.

Step-by-Step Process to File Your Claim

1. Seek Medical Treatment and Document Your Injuries

• Medical Records: Visit a doctor or hospital immediately after the accident. Keep detailed records of your injuries, treatments, and any recommendations for follow-up care.
• Photographic Evidence: Take photos of your injuries, the accident scene, and any visible damage to property or vehicles involved.

2. Report the Incident

• Official Reports: Depending on the type of accident, you may need to file a police report or report the incident to the property owner (for slip and fall cases, for example).
• Notify Your Insurance: If applicable, notify your insurance company about the accident and your injuries.

3. Gather Evidence

• Witness Information: Collect names, phone numbers, and statements from any witnesses to the accident.
• Accident Details: Keep a journal detailing what happened, including dates, times, locations, and any conversations or observations that could support your claim.
• Documentation: Save all receipts, invoices, and bills related to medical treatment, travel expenses, or any property damage incurred as a result of the injury.

4. Consult with a Personal Injury Attorney

• Legal Guidance: A lawyer experienced in New York personal injury law can help you navigate the complex legal system, evaluate the strength of your claim, and negotiate with insurance companies.
• No Upfront Costs: At The Law Offices of Jason G. Krantz, P.C., we work on a contingency fee basis—meaning you don’t pay unless we win your case.
• Maximizing Your Compensation: Insurance companies often try to settle for less than you deserve. We fight to ensure you receive full compensation for medical expenses, lost wages, and pain and suffering.

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5. Filing the Claim

• Insurance Claim: Your attorney will help you file a claim with the at-fault party’s insurance company. This claim will include all of your medical records, evidence, and documentation of lost wages and other expenses.
• Negotiations: Often, insurance companies will offer a settlement. Your lawyer can help you determine whether the offer is fair or if you should proceed to litigation.

6. Litigation (If Necessary)

• Filing a Lawsuit: If a fair settlement cannot be reached, your attorney may advise you to file a personal injury lawsuit. The case will then proceed through the court system.
• Trial Process: During a trial, both sides will present their evidence, and a judge or jury will determine the amount of compensation you should receive.

Key Considerations

• Statute of Limitations: Remember that New York law generally limits personal injury claims to three years from the date of the injury.
• Comparative Negligence: New York follows a “pure comparative negligence” rule, meaning your compensation may be reduced if you are found partially at fault for the incident.
• Document Everything: Detailed records and timely documentation are critical to building a strong case.
• Legal Expertise: Navigating personal injury law can be complex. Working with an experienced attorney can help you avoid common pitfalls and maximize your compensation.

Final Thoughts

Filing a personal injury claim in New York involves several steps, from seeking immediate medical care to gathering evidence and possibly going to trial. Being proactive, organized, and informed is your best strategy for ensuring that you receive fair compensation. If you’re facing the aftermath of an injury, don’t hesitate to consult with a personal injury attorney who can guide you through the process and protect your rights.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Personal injury laws vary by case and jurisdiction. If you have been injured, please consult a qualified attorney to discuss the details of your specific situation.

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