The steps you take in the hours and days immediately after an accident in New York have a direct and often decisive impact on the value of your personal injury case. Evidence disappears quickly. Legal deadlines start running from the moment the accident occurs. The decisions you make before you even speak to an attorney shape the case that eventually gets built.
Step 1: Get Medical Treatment Immediately
Your health comes first — and your legal case comes a very close second. Go to an emergency room, urgent care, or your doctor the same day as the accident. Many serious injuries, including traumatic brain injuries, herniated discs, and internal injuries, do not produce their worst symptoms immediately. Adrenaline and shock mask pain. Swelling and neurological symptoms develop over hours.
If you wait three days to see a doctor, the insurance company will argue that your injuries were minor and not caused by the accident. Contemporaneous medical records — created the day of or the day after the accident — are among the most powerful evidence in any personal injury case. To qualify for no-fault insurance benefits in New York, you must also submit your no-fault application within 30 days of the accident — another reason to seek treatment immediately and begin documenting your injuries from day one.
Step 2: Document the Scene
Before you leave the scene — or as soon as you are physically able — photograph everything. The exact location of the accident. The hazard that caused it. The damage to vehicles. Skid marks, broken equipment, wet floors, uneven pavement, missing handrails. Photograph your injuries. Get the names and contact information of every witness present.
In car accidents, photograph the other driver’s license, insurance card, and license plate. Write down the make, model, and color of every vehicle involved. Note the time, weather conditions, and road conditions. In construction accidents, photograph the equipment, the fall site, and any safety equipment — or the absence of it. Note who the supervisor on site was and the names of any coworkers who witnessed the accident. Property owners and businesses repair dangerous conditions quickly after accidents — both to avoid further liability and to eliminate evidence. The photos you take at the scene may be the only record of what caused your injury.
Step 3: Report the Accident
Call the police for car accidents. A police report creates an official contemporaneous record of the accident and is often the first document an attorney or insurer reviews. In construction accidents, report the injury to your employer in writing the same day. New York’s Workers’ Compensation Board requires written notice to your employer within 30 days of the accident — failure to provide timely notice can jeopardize your workers’ comp claim. In premises liability cases, notify the property owner or manager and request a written incident report.
Step 4: Know the Deadlines That Apply to Your Case
Different types of cases in New York have different filing deadlines. Most personal injury cases against private parties have a three-year statute of limitations under CPLR §214. Car accident cases also require meeting New York’s serious injury threshold to sue beyond no-fault benefits. Medical malpractice cases have a two and a half year deadline under CPLR §214-a. Claims against government entities — the City of New York, the MTA, a public hospital — require a Notice of Claim to be filed within 90 days of the accident. Missing the notice deadline for a municipal claim is almost always fatal to the case.
The New York State Unified Court System publishes a complete statute of limitations reference chart for all civil case types. When in doubt about which deadline applies, consult an attorney immediately rather than trying to calculate it yourself.
Step 5: Do Not Talk to Insurance Companies
Do not give a recorded statement to any insurance company — including your own — before speaking with an attorney. Insurance adjusters are trained to ask questions in ways that elicit statements that can later be used to minimize your claim. You are not legally required to give a recorded statement to the other party’s insurance company. In car accident cases, your own insurer is required to pay your no-fault benefits regardless of a recorded statement — do not provide one before speaking with an attorney.
Step 6: Preserve Everything
Keep the clothing and shoes you were wearing. Keep all bills, receipts, and records related to your injury and treatment. Start a written daily journal documenting your symptoms, limitations, and how the injury is affecting your life. Do not post about the accident or your injuries on social media — insurance companies routinely monitor claimants’ accounts as a standard part of claims investigation, looking for photos or posts that contradict claims about physical limitations. For more detail on what to document and how, see our full guide to documenting your injury in New York.
Step 7: Consult an Attorney
Every reputable personal injury attorney in New York offers a free initial consultation and works on contingency — you pay nothing unless they win. The sooner you retain an attorney the better. Evidence disappears. Surveillance footage gets overwritten within days. Witnesses move on. An attorney retained early can send preservation letters demanding that evidence be maintained, obtain footage before it is gone, and build the strongest possible record from the earliest possible point. For guidance on what to look for, see our page on how to choose a personal injury attorney in New York.