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What Is a Personal Injury Claim?

Posted in Personal Injury on August 25, 2023

If you were involved in an accident as a result of someone else’s negligence or wrongdoing, you may be entitled to compensation. 

The harm that you suffer in car accidents, pedestrian accidents, or motorcycle accidents can leave you with accumulating medical bills and time missed from work. 

A personal injury claim allows you to hold the at-fault party accountable for the injury you suffered and pursue compensation for your damages. 

What Elements Make Up a New York Personal Injury Claim?

Whether your injuries occurred in a slip and fall accident or a truck accident, you may be entitled to compensation if someone else caused you harm. 

Most successful personal injury claims require you to establish that the at-fault party’s behavior was negligent

The following are elements that you need to prove in a personal injury claim based on negligence: 

Duty of Care

If you were recently injured in an accident and seeking compensation, you must show that the other party owed you a duty of care. This is a legal obligation to use a reasonable standard of care when engaged in potentially harmful activities. 

Breach of Duty 

If it is established that there is a duty of care owed, the next step is to determine whether the other party failed to meet the duty owed. For example, a driver may have breached the duty owed to others on the road by failing to drive at a safe speed. 


Even if the other party breached the duty owed to you, you must still show that the breach caused your injury. If the other party’s actions were not the cause of your injuries, you will not be able to recover compensation. You must establish both proximate and factual causation.


To have a successful personal injury case, you must prove that you suffered damages. Damages allow you to be compensated for your injuries. 

The following are the types of damages that can be pursued in a personal injury case: 

If you can establish that the at-fault party owed you a duty of care, breached that duty, and caused you to sustain damages, you may be able to recover compensation. 

New York Rules on Personal Injury Claims 

If you plan to file a personal injury claim in New York, it is important to know when to file and if you can recover damages if you are also at fault. 

In New York, you have three years to bring your personal injury claim by default. If you fail to bring the claim before the statute of limitations expires, you will be barred from recovering compensation. 

New York is a pure comparative fault state. This means that if you are also responsible for your injuries, you can still recover compensation. However, the amount of damages recoverable will be reduced in proportion to your fault. 

What Steps Should You Take After a Personal Injury Accident? 

A personal injury accident can be overwhelming. Knowing what to do following an accident can help you be prepared to begin the personal injury claim process. 

The following are steps to take after a personal injury accident: 

  • Seek medical attention immediately
  • Exchange contact information and insurance details with the other party 
  • Take photos and videos of the accident scene, visible injuries, and property damage  
  • Gather witness statements and contact information 
  • Keep records of the personal injury accident, including medical records and police reports 
  • Contact an experienced personal injury lawyer 

Hiring a qualified lawyer after an accident can help you navigate the personal injury claim process. 

How Can a Personal Injury Lawyer Help With Your Personal Injury Claim?

A personal injury lawyer can help with your claim by: 

  • Investigating the accident 
  • Finding evidence to prove the other party was at fault 
  • Obtaining the accident report or police report
  • Helping you document your injuries and losses 
  • Making sure you comply with important deadlines 
  • Negotiating on your behalf with the opposing party
  • Filing a lawsuit if necessary

If you were recently injured in an accident, you should contact a personal injury lawyer to schedule a free consultation and review your legal options. 

Contact Our Personal Injury Law Firm in New York, NY

If you need legal assistance, contact the New York City personal injury lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.

We have two convenient locations in New York:

Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
(212) 564-2800

Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600

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