Have you ever been injured, without your fault, like an auto accident, a slip and fall, or a work-related accident? You might have considered seeking compensation. But how do you begin to file a personal injury case in New York?
Don’t worry. This guide breaks it down in very simple terms, with real steps that anyone can follow—even if you’ve never dealt with a legal issue before.
What Is a Personal Injury Claim?
A personal injury claim is a legal process that helps you get money for things like:
- Medical bills
- Lost wages from missing work
- Pain and suffering
- Emotional distress
You file this claim against the person or company that caused your injury—usually through their insurance company.
Step-by-Step: How to File a Claim in New York
1. Get Medical Attention First
Even if your injury feels minor, see a doctor. Why?
- It proves that your injury is real.
- Medical records are key evidence.
- Delays in treatment may hurt your case.
2. Report the Incident
Depending on where and how the injury happened:
- Car accident? File a police report.
- Slip and fall? Inform the property owner or manager.
- Workplace accident? Tell your supervisor and follow OSHA or labor guidelines.
For more on what to do right away, read:
Essential Steps to Take Immediately After a Personal Injury
3. Collect Evidence
You or someone you trust should gather:
- Photos of the accident scene and your injuries
- Contact info of any witnesses
- Medical records and receipts
- The police or incident report
4. Talk to a Personal Injury Lawyer
Before you deal with insurance companies, speak with a lawyer. They’ll explain your rights, tell you if you have a case, and handle the paperwork and negotiations.
There are many experienced attorneys available, including a personal injury lawyer Manhattan and a personal injury lawyer Brooklyn, who know New York’s legal system and can guide you properly.
Want help choosing the right attorney? Read:
How To Find The Best Personal Injury Lawyer
5. File the Claim (Usually Through Insurance)
Once your lawyer has all the evidence:
- They’ll file a claim with the insurance company of the person or business that caused your injury.
- Most cases are handled out of court, but if needed, they’ll help you file a lawsuit.
Time Limit: You usually have 3 years from the date of injury to file a claim in New York. This is called the statute of limitations. For medical malpractice or wrongful death, the time may be shorter.
Don’t Make These Common Mistakes
Talking to the other party’s insurance company on your own
- Posting about the incident on social media
- Skipping medical appointments
- Waiting too long to file your claim
Not sure if you need a lawyer yet? Read:
What Is a Personal Injury Lawyer – And Do You Actually Need One?
Final Thoughts
It can be challenging to file an injury claim in New York, but it’s totally doable with the right steps and support,. The key is to act quickly, collect proof, and talk to a lawyer who knows the rules.
