Long Island Personal Injury Lawyer

The actions you take after an accident can affect both your recovery and any future personal injury claim. While every situation is different, documenting what happened and seeking appropriate medical care can help establish how the injury occurred and the impact it had on your daily life.

Seek Medical Attention

Not every injury produces immediate symptoms, and some effects of an accident may not be noticeable until later. Receiving prompt medical treatment protects your health and creates records that may become important if questions arise during the claims process.

Report The Accident

Whenever possible, report the incident to the appropriate party. Depending on the circumstances, that may be a police department, property owner, employer, or government agency. If the accident involved a motor vehicle, the responding law enforcement agency will generally prepare the accident report used during the insurance investigation.

Preserve Evidence

Evidence can disappear quickly after an accident. If you’re able, try to gather:

• Photos of the accident scene and your injuries
• Contact information for witnesses
• Insurance information from the parties involved
• Medical records and treatment recommendations
• Receipts for injury-related expenses

Keeping this information organized can strengthen your claim as it moves forward.

Common Mistakes To Avoid

Simple mistakes after an accident can make a personal injury claim more difficult than it needs to be. Some of the most common include:

• Delaying medical treatment.
• Giving a recorded statement before understanding the full extent of your injuries.
• Accepting an early settlement offer.
• Posting about the accident on social media.
• Throwing away documents related to medical treatment or lost wages.

Avoiding these issues helps create a clearer record of both the accident and your recovery.

New York is a No-Fault state for most motor vehicle accidents. That means an injured person’s own Personal Injury Protection (PIP) coverage generally pays for basic economic losses, including medical expenses and a portion of lost wages, regardless of who caused the crash.

However, No-Fault benefits do not automatically allow someone to recover compensation for pain and suffering.

What Is the Serious Injury Threshold?

To pursue non-economic damages after most car accidents, an injured person must satisfy New York’s serious injury threshold under Insurance Law 5102(d). Examples of qualifying injuries include:

• Fractures and significant disfigurement.
• Permanent loss or limitation of a body function.
• Permanent consequential injuries.
• Injuries that prevent normal daily activities for at least 90 of the first 180 days following the accident.

This requirement is one of the most important aspects of New York No-Fault serious injury threshold cases because it determines whether an injured person may pursue compensation beyond PIP benefits.

The Motorcycle Exception

Motorcyclists are treated differently under New York law. Because motorcycles are excluded from the No-Fault system, injured riders generally do not receive PIP benefits and do not have to satisfy the serious injury threshold before seeking compensation for pain and suffering from an at-fault party.

Serious accidents can happen anywhere across Long Island, from heavily traveled highways and busy commercial districts to residential neighborhoods and public spaces. Some of the areas where personal injury accidents frequently occur include:

• Long Island Expressway (I-495): Heavy commuter traffic, congestion, and high-speed collisions contribute to many serious motor vehicle accidents.
• Northern State Parkway, Southern State Parkway, and Sunrise Highway (NY-27): Busy parkways and major east-west travel corridors frequently experience crashes involving passenger vehicles, motorcycles, and commercial traffic.
• Hempstead Turnpike and Jericho Turnpike: High traffic volumes, numerous intersections, and frequent turning movements increase the risk of collisions involving drivers, pedestrians, and cyclists.
• Mineola, Garden City, and Hempstead: Busy commercial areas, medical facilities, and government buildings create conditions where vehicle collisions, pedestrian accidents, and premises liability incidents may occur.
• Huntington, Smithtown, Islip, and Brookhaven: Growing residential and commercial communities may see injuries resulting from traffic accidents, unsafe properties, construction activity, or other negligent conduct.
• Jones Beach, shopping centers, parks, and other public spaces throughout Nassau and Suffolk Counties: Slip and fall accidents, negligent security claims, and other premises liability incidents can occur where property owners fail to maintain reasonably safe conditions.

How long do I have to file a personal injury claim in New York?

In most cases, the deadline is three years from the date of the injury under CPLR 214(5). Some claims, including those involving government entities, may have shorter deadlines.

Can I recover compensation if I was partially at fault?

Yes. Under New York’s pure comparative negligence law, you may still recover compensation even if you were partially responsible for the accident. Any recovery is generally reduced by your percentage of fault.

What does the serious injury threshold mean?

For most motor vehicle accidents, New York’s No-Fault law requires an injured person to meet the serious injury threshold before seeking compensation for pain and suffering from the at-fault driver.