What Makes Your Personal Injury Case Stronger (or Weaker)

Key Factors That Strengthen or Weaken a Personal Injury Claim in New York

After an accident, most people feel overwhelmed. Your body hurts, your routine’s upside down, and suddenly you have paperwork, calls from insurance companies, and doctor visits stacked on your calendar. If you’re thinking about filing a personal injury claim in New York State, you’re probably asking yourself: how strong is my case? And what could weaken it?

At Horn Wright, LLP, we understand how stressful this process feels. Our personal injury attorneys work every day with people in situations just like yours. Whether you slipped on icy steps or were rear-ended on the Cross Bronx Expressway, we’ll guide you through the legal side so you can focus on healing. With deep experience in New York personal injury law, we build cases that speak clearly to insurance companies and juries.

Understand New York’s Personal Injury Basics

New York law sets specific rules around personal injury cases, and understanding them helps you take the right steps. First, New York follows a “pure comparative negligence” model. This means even if you’re partially at fault, you can still recover damages. However, your compensation will be reduced based on your share of the blame.

New York also uses a No-Fault Insurance system for car accidents. Unless your injuries meet a certain legal threshold, you’ll need to go through your own insurance for medical bills and lost wages.

Knowing whether your injury qualifies under this law helps determine if you can file a claim against the other driver. Time also matters, the statute of limitations for most personal injury claims in New York is three years.

Establish Fault Clearly and Early

The stronger your evidence of fault, the better your chances. After any accident, you should try to gather proof that shows the other party was careless or reckless.

In New York, fault gets decided using evidence such as:

• Police crash reports from the scene
• Eyewitness statements
• Photos of the damage or scene conditions
• Traffic camera or surveillance footage

Clear evidence helps establish liability, which is one of the first hurdles in any personal injury case.

Without that clarity, insurers may argue you were partly to blame, and reduce or deny your claim.

Document the Injury Thoroughly

The more clearly your medical records tell the story, the more convincing your case becomes. Gaps or delays in treatment can raise red flags.

You should: - Visit a hospital or urgent care right after the injury - Follow all treatment plans and referrals - Attend follow-up visits and physical therapy sessions

If you’re treated at a facility like New York City Health + Hospitals, make sure each visit is noted and records are saved. Courts and insurance companies rely heavily on medical documentation to measure the seriousness of your injuries.

Missing appointments or waiting weeks to see a doctor can weaken your claim, even if your pain is real.

Preserve Physical and Digital Evidence

From the moment the injury happens, evidence starts disappearing. Photos fade, objects get repaired, and camera footage is overwritten.

Hold onto: - Photos of injuries, torn clothing, or damaged vehicles - Dash cam or surveillance video - Screenshots of texts or emails about the incident - Witness contact info

In places like Brooklyn, where buildings often have private security cameras, ask for copies of video quickly. Many systems erase footage within 7 to 14 days. Digital evidence is especially powerful when it supports your version of events in a way that cannot be misinterpreted.

Avoid Social Media Missteps

Social media can seriously hurt a case, even if you’re just trying to stay positive. Posts showing you out with friends, on vacation, or doing physical activities can easily be taken out of context.

Insurance companies and defense lawyers in New York often check public profiles during claims investigations. Something as simple as a smiling photo can be twisted to suggest your injuries aren’t serious.

It’s safer to limit your online presence while your case is active. Don’t post about the accident, your injuries, or any part of your legal claim.

Be Consistent in All Statements

Your words matter. If what you tell your doctor doesn’t match what you tell the insurance adjuster, it may weaken your claim.

Keep a written record of what happened, and: - Stick to the same basic facts each time you speak - Review any forms or statements before submitting them - Don’t guess or estimate details unless you’re certain

Even small inconsistencies can get used against you. Staying consistent keeps your credibility intact.

Know How Comparative Fault Can Affect Your Payout

New York’s pure comparative fault rule can reduce your compensation significantly. If you’re found 30 percent responsible, you’ll only recover 70 percent of the damages awarded.

In slip-and-fall cases, this often comes into play. If you fell on icy stairs and were looking at your phone when it happened, the property owner may share blame for not clearing the ice, but your actions can also factor in.

Understanding this rule helps you prepare for how insurers will try to shift blame onto you, and why gathering clear evidence early on matters so much.

Choose the Right Medical Experts

Your doctors play a big role in your case’s outcome. Beyond treating you, they often write reports, give depositions, or testify in court.

Look for medical providers who: - Are familiar with legal documentation - Offer clear, professional explanations of injuries - Can speak confidently about long-term impact

Whether you’re in Yonkers or Ithaca, find providers who understand how to document injuries clearly. Their ability to communicate what you’re going through, both physically and emotionally, can strongly influence the value of your claim.

Calculate Damages with Supporting Proof

Insurance companies won’t take your word for it, they want to see proof of every loss. To back your claim, collect:

• Medical bills and pharmacy receipts
• Wage records and time-off documentation
• Mileage logs for medical visits
• A personal journal describing daily pain or missed events

Proof helps quantify the value of what you’ve gone through, including the things that don’t show up on a bill.

Watch for Insurance Company Tactics

Insurance carriers in New York often rely on subtle tactics, sometimes referred to as insurance company tricks, to protect their bottom line. They might:

• Offer a fast, low settlement hoping you’ll accept
• Ask for a recorded statement early on
• Deny No-Fault benefits over technicalities, like submitting late medical forms

Adjusters use friendly tones, but their goals don’t match yours. If you get a call from the other party’s insurer, you’re under no obligation to speak without legal advice. Some try to shift blame subtly during the conversation.

Staying cautious around insurance reps helps you avoid damaging your own claim without realizing it.

Don’t Miss New York’s Filing Deadlines

Every personal injury case in New York has a deadline. If you miss it, you lose your right to sue. In most cases, you have three years from the date of injury.

But some exceptions apply:

• If you’re filing against a city or public entity, you must file a Notice of Claim within 90 days
• Lawsuits against government agencies like the MTA or NYCHA follow special time rules

Missing these deadlines can end a strong case before it starts. Acting quickly preserves your right to take legal action later if needed.

Know What Weakens or Destroys Your Claim

Strong cases can crumble if the details start to slip. Some of the most common things that weaken a personal injury claim in New York include:

• Long delays before seeking treatment
• Contradictory accounts of how the injury happened
• Gaps in medical records
• Social media posts that conflict with claimed injuries
• Failure to follow doctors’ advice
• Undisclosed pre-existing conditions

Being honest, consistent, and proactive gives your case the best possible chance. It also builds credibility, something courts and insurance companies pay close attention to.

What to Do Next if You’ve Been Injured

A strong personal injury case in New York takes planning, consistent evidence, and clear communication. If you’ve been hurt, your next move matters. Be proactive, stay organized, and make sure your voice is supported by facts. If you’re unsure what to do next, reach out to a legal professional who understands the law and your rights. Contact us today to get started.