Starting point
The accident →
The statute of limitations clock starts the moment this happens
Immediate steps — do these before anything else
Get medical treatment →
Same day. Builds the record.
Document everything →
Photos, witnesses, injury journal
Report the accident
Police · employer · property owner
Identify your claim type
Construction →
Labor Law §240 — absolute liability
Car / truck →
No-fault + serious injury threshold
Premises →
Slip, fall, negligent security
Malpractice →
Standard of care deviation
Know your rights
Filing deadlines →
3 yrs · 2.5 yrs malpractice · 90 days govt
Comparative negligence →
Partial fault still recovers in NY
Workers’ comp vs PI →
You can pursue both tracks simultaneously
Legal representation
Choose your attorney →
Free consultation · contingency fee · no win, no fee · trial experience matters
Filing the claim
Notice of claim
Required within 90 days if a govt entity is involved — missing this kills the case
Complaint filed
Formal lawsuit commences in NY Supreme Court · defendant served
Discovery
Medical records
Full treatment history — links injury to accident
Expert witnesses
Doctors, engineers, accident reconstructionists
Depositions
Sworn testimony from all parties and witnesses
Negotiation
Settlement negotiations
Demand letter · mediation · insurer evaluates liability and damages
96% of NY personal injury cases resolve here
Resolution
Settlement →
Agreed amount · lien resolution · case closed
Get a free case evaluation →
No attorney fees unless you win
Trial
Jury verdict · possible appeal · can add 1–2 years