Personal Injury FAQs
Personal injuries can happen anywhere—on the road, at work, in a store, or on someone else’s property. Even injuries that seem minor at first can disrupt your life, causing physical pain, emotional stress, and unexpected financial strain.
If you were injured due to someone else’s negligence, understanding your rights is the first step toward regaining control. Below are answers to some of the most common questions our New York clients ask after getting hurt in an accident.
What Counts as a Personal Injury Case?
Personal injury cases can arise from various situations, including but not limited to:
Car accidents, including single-vehicle crashes and accidents involving injured passengers.
Motorcycle accidents, which often result in severe injuries due to limited rider protection.
Bicycle accidents, including crashes involving motor vehicles, hit-and-runs, or unsafe road conditions.
Truck accidents, which may involve commercial vehicles and multiple liable parties.
Slip, trip, and fall accidents, such as bad falls on slippery floors or tripping over poorly maintained property conditions.
Medical malpractice, which is when a healthcare provider fails to meet the accepted standard of care and ends up harming their patient.
Product liability, involving defective or dangerous consumer products.
Workplace accidents, including construction site injuries and unsafe working conditions.
Wrongful death claims, when a fatal injury is caused by negligence and surviving family members seek compensation.
Injuries sustained in these situations can range from minor cuts and bruises to severe injuries such as broken bones, brain or spinal cord injuries, and even death. Regardless of the severity, if someone else's negligence or intentional actions caused the injury, you may have a personal injury case.
What Should I Do After an Accident?
The steps you take after an injury can directly affect your health and your ability to recover compensation. While every situation is different, the following guidelines apply in most cases:
Seek medical care immediately, even if symptoms seem minor.
Report the incident to the appropriate authority (police, property owner, employer, etc.)
Document the scene, including photos of hazards, vehicles, or injuries.
Gather witness information, if anyone saw what happened.
Avoid discussing fault with insurance adjusters.
Consult a personal injury attorney before accepting any settlement.
These steps are especially important after car accidents, slip and falls, or serious injuries where liability may be disputed.
Do I Have to Use My Own Insurance After an Accident?
In many cases, yes—you will use your own insurance—at least initially.
New York is a no-fault insurance state, meaning your own insurance typically covers basic medical expenses and lost wages after a car accident, regardless of who caused it. This is done through Personal Injury Protection (PIP) coverage.
However, no-fault insurance does not cover everything. If your injuries are serious, or if your losses exceed PIP limits, you may be able to pursue a claim against the at-fault party. This often applies in serious car accidents, single-vehicle crashes caused by unsafe conditions, or accidents involving uninsured drivers.
How Much Compensation Am I Entitled To?
It depends. The severity of your injuries, the impact on your life and finances, and who is at fault for the accident all impact how much your case is worth. Your attorney can help you determine the appropriate amount of compensation to seek based on these factors.
Also, insurance companies may try to offer a quick settlement, so it's crucial to consult with your lawyer before accepting anything. Often, insurance offers are much lower than what you could potentially receive through a legal claim. Your attorney can negotiate on behalf of your needs and best interests and advocate for the maximum compensation you deserve.
How Much Time Do I Have to File My Personal Injury Claim?
In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, it's best to get in touch with your personal injury attorney as soon as possible so we can start gathering evidence and building a strong case on your behalf.
It's also important to note that there are exceptions to the three-year statute of limitations, including:
For instance, if the injured party was a minor at the time of the accident, the statute of limitations doesn't begin to run until the minor turns 18. Therefore, they would have until their 21st birthday to file a claim.
Another exception applies to cases involving government entities. If you're filing a claim against a city, county, or state government agency in New York, you typically have to file a formal claim within 90 days of the incident, and then you have just one year and 90 days from the date of the accident to file a lawsuit.
There's also a discovery rule for cases where the injury was not discovered immediately. For example, in medical malpractice cases, the clock may start ticking when the patient discovers, or reasonably should have discovered, the injury.
Please note that these are general guidelines and the specifics can vary depending on the unique details of your case. If you believe any of these exceptions might apply to your case, I strongly recommend reaching out to a trusted attorney who can help determine the best course of action for your individual circumstances.
Can I Still File a Claim If I Was Partially at Fault?
Yes. New York follows a pure comparative negligence rule. This means you can still recover compensation even if you were partially responsible for the accident—your recovery is simply reduced by your percentage of fault.
For example, if you were found 20% responsible for a slip and fall or car accident, your compensation would be reduced by 20%. This rule frequently applies in pedestrian accidents, passenger injury cases, and winter slip-and-fall claims.
What Damages Can I Recover?
Personal injury compensation generally falls into two categories:
Economic damages encompass a wide range of quantifiable losses that can be directly measured, including any medical bills, any wages you lost due to time taken off work to recover from your injury, and any property damage.
On the other hand, non-economic damages provide compensation for losses that are less tangible and more subjective in nature, such as physical pain and suffering, mental anguish, and the loss of enjoyment of life. These non-economic damages aim to address the emotional and psychological impact of an injury or accident.
It is important to note that the specific amount of compensation one can receive will vary based on the unique circumstances of their case, including the severity of their injuries and the overall impact on their life.
How Can a Personal Injury Attorney Help?
An experienced attorney can take the legal and insurance burden off your shoulders so you can focus on what truly matters: your health and recovery. After an accident, the process can feel overwhelming, especially when you’re dealing with pain, medical appointments, and time away from work. Legal guidance can provide clarity and relief during an otherwise stressful time, including help with:
Investigating how the accident happened, including reviewing evidence, reports, and witness accounts.
Identifying all potentially liable parties, whether that’s another driver, a property owner, or a third party.
Communicating with insurance companies so you don’t have to worry about saying the wrong thing or missing important deadlines.
Negotiating settlements that reflect the full impact of your injuries, not just your immediate expenses.
Filing a lawsuit if necessary to protect your rights when a fair resolution can’t be reached through negotiations with insurance.
Having an attorney on your side is especially important in more complex situations, such as cases involving serious or long-term injuries, disputed fault, or insurance coverage that falls short. With the right support, you don’t have to navigate the legal process alone.
Ready to Discuss Your Case?
I hope these responses provide some clarity on personal injury cases. Whether you have further questions or need assistance with your specific situation, don't hesitate to reach out to me for a free consultation.
My firm, the Law Office of Steven R. Smith, proudly serves clients throughout New York and Long Island, including the communities of Hempstead, Westbury, Mineola, and New Hyde Park.