What Qualifies as a Personal Injury Case in New York?
A personal injury case arises when someone suffers significant harm as a result of another party’s negligent, reckless, or intentional conduct. In New York, personal injury claims typically stem from high-impact incidents, including:
- Motor vehicle collisions involving cars, trucks, or motorcycles on city streets or state highways
- Pedestrian or bicycle crashes at intersections or bike lanes across the five boroughs
- Medical negligence or diagnostic errors at New York hospitals or surgical centers
- Construction site accidents involving falls, equipment failures, or falling objects
- Defective consumer or industrial products that cause burns, amputations, or other catastrophic injuries
- Abuse or neglect in long-term care facilities located in NYC
To pursue a claim, the injury must result in substantial physical, emotional, or financial damages and must be clearly linked to the defendant’s conduct.
Key Elements of a Personal Injury Case in NY
Under New York law, a valid personal injury claim must include the following legal elements:
- Duty of Care – The defendant had a legal obligation to act with reasonable care (e.g., a driver’s duty to obey traffic laws).
- Breach of Duty – The defendant failed to meet that standard of care through action or omission.
- Causation – The breach was the proximate cause of your injury.
- Damages – The injury resulted in demonstrable losses, such as medical expenses, loss of income, or long-term disability.
Common Scenarios That May Warrant Legal Action
Examples of situations in which victims may have a viable personal injury claim include:
- A distracted driver rear-ends a vehicle on the FDR or BQE, causing spinal injuries
- A physician at a Manhattan hospital fails to diagnose a stroke, leading to permanent impairment
- A construction worker is injured when scaffolding collapses at a high-rise development site in Brooklyn
- A consumer suffers severe burns after a lithium-ion battery explodes in an apartment in Queens
These incidents often involve complex legal and factual issues that should be evaluated by an attorney familiar with New York’s injury laws.
What If You Were Partially at Fault?
New York applies a pure comparative negligence rule. Even if you were partially responsible for the incident, you may still recover damages. However, your compensation will be reduced by your percentage of fault.
For example, if you are found 25% responsible for a serious crash and your damages total $1 million, you may still recover $750,000.
What Type of Evidence Strengthens a Personal Injury Claim?
To succeed in a personal injury case in New York, your legal team will gather and present evidence that may include:
- Medical records and treatment plans from hospitals and specialists
- Photographs or surveillance footage of the scene and resulting injuries
- Police or incident reports filed with local or state authorities
- Statements from eyewitnesses and co-workers
- Testimony from experts in medicine, engineering, or accident reconstruction
The quality and credibility of your evidence can directly influence the outcome of your claim.
When a Case May Not Be Viable
Not every injury leads to a viable legal claim. You may not have a case if:
- There is insufficient evidence to establish negligence
- Your injuries were minor and did not require ongoing medical care
- The statutory deadline to file a lawsuit has passed
In New York, the statute of limitations for most personal injury cases is three years from the date of the injury. For cases involving government agencies, a Notice of Claim must typically be filed within 90 days, with the lawsuit filed within one year and 90 days. For wrongful death actions, the deadline is usually two years from the date of death.
Consult a Leading New York Personal Injury Attorney
If you or a loved one has suffered a catastrophic injury due to negligence, an experienced personal injury attorney can assess your case, guide you through the legal process, and fight for the compensation you deserve. At Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, our trial lawyers have decades of experience handling high-stakes injury cases throughout New York City and beyond.
To schedule a free, confidential consultation, call 212-943-1090 or contact us online today.