Managing Partner
A serious injury can upend your life—physically, emotionally, and financially. If someone else’s negligence caused the accident that injured you, you may be eligible to file a personal injury claim. But how does that process work in New York? Whether on Long Island or elsewhere in the state, here’s what you need to know before moving forward.
Step 1: Medical Care Comes First
No matter what caused the accident—a car crash, a fall, or something else—getting medical care should come first. It helps protect your health and documents the connection between the accident and your injuries, which matters for your claim. Even if you think you’re okay, some injuries show up later. Waiting to get checked out can complicate recovery and weaken your case.
Step 2: Contact a Personal Injury Lawyer
New York’s personal injury laws are not necessarily straightforward. Deadlines approach rapidly, and insurance companies aggressively protect their bottom line. That’s why engaging a skilled personal injury lawyer as early as possible is smart. Your attorney will investigate the accident, obtain key evidence, and determine who is liable for your losses. From there, they will handle each step—building your case, dealing with insurers, and working toward a fair settlement—so you can focus on healing while they protect your rights.
Step 3: Investigation and Evidence Gathering
At this stage, it’s all about gathering proof. Your lawyer will collect police reports, witness statements, medical records, photos from the scene, and any available video footage. They might also bring experts, like doctors or accident reconstruction specialists, to help support your case. All of this evidence works together to show that someone else was responsible and that your injuries had a real impact. In some instances, like dog bites or defective products, strict liability might apply, which means you don’t have to prove negligence to hold someone accountable.
Step 4: Filing the Claim
Depending on the situation, your lawyer may file a claim with an insurance company or a lawsuit in civil court. Most cases start with an insurance claim, especially car accidents, since New York follows no-fault rules under New York Insurance Law §§ 5101–5108, or the Comprehensive Motor Vehicle Insurance Reparations Act. However, if your injuries meet the state’s “serious injury” threshold defined in § 5102(d), you may step outside the no-fault system and sue the at-fault driver. For other accidents, like slips and falls, your attorney usually begins by sending a demand letter to the at-fault party or their insurer.
Step 5: Negotiation or Litigation
Many personal injury claims are settled before trial. Your lawyer will negotiate with the insurance company, presenting the evidence and arguing for a fair resolution. If a settlement offer comes in, they will explain your options and advise whether it’s in your best interest to accept or push forward.
If a fair settlement is not possible, the next step is litigation. This involves filing the lawsuit, pre-trial motions, discovery (where both sides share evidence), depositions, and possibly a trial before a judge or jury. While trials can be time-consuming, they are sometimes necessary to hold the negligent party accountable and obtain the compensation you deserve.
Step 6: Settlement or Court Verdict
If you settle your case, the insurance company will issue payment based on the agreed terms. If the case goes to trial and you win, the court will enter a judgment awarding damages. In New York, recoverable damages may include medical expenses, lost income, pain and suffering, and other losses tied to your injury.
Talk to a Long Island Injury Lawyer
Every personal injury case is different. The right approach depends on your unique situation. At Dell & Dean, PLLC, we’ve guided countless New Yorkers through the claims process with skill and care. If you’ve been injured and are unsure about your next steps, do not wait.
Fill out our online form today or call our office for a free case review. Let us answer your questions, protect your rights, and help you take the first step toward recovery.
