How Do I Know If I Have a Valid Personal Injury Claim in NY?

When you’re injured an accident, mounting medical bills and missed time from work can leave you overwhelmed with physical, emotional, and financial stress. At Chelli & Bush, Attorneys at Law, our personal injury attorneys in Staten Island, New York have helped thousands of clients in the greater NYC area understand their rights and recover the compensation they deserve. If you’re uncertain about whether you have a valid personal injury claim, our dedicated team can evaluate your case and advise you on whether your case is worth pursuing. 

Quick Facts

• For a personal injury claim to be successful, you must establish that the negligent party owed you a duty of care, they failed to meet that duty, and that their actions or inaction caused harm. 
• New York’s comparative fault rules allow you to recover compensation even if you were partially at fault for your injuries.
• Evidence like photos, surveillance footage, police reports, and medical records are essential to building a strong case.  
• Our Staten Island personal injury law firm has recovered more than $500 million for injured clients over the past five decades. 

What Makes a Personal Injury Claim Valid?

Just because you were hurt, it doesn’t automatically mean you have a viable personal injury lawsuit. Establishing liability requires several elements, including:



• Another party owed you a duty of care. For example, all motorists have a duty to drive safely to avoid harming others.
• The party breached that duty. For instance, a motorist tailgating in heavy traffic.
• That breach directly caused your physical injuries. The tailgating driver rear-ended you, causing you to suffer neck and back injuries.
• You suffered measurable damages and losses. This may include physical and mental injuries, medical bills, lost wages, and other damages.

Proving these elements can be challenging to do on your own. Our personal injury lawyers know how to investigate, collect evidence, and put the pieces of the puzzle together to prove fault and pursue the full amount of damages you need and deserve.

Common Types of Personal Injury Claims in NY

There are many scenarios in which another’s negligence leads to someone getting hurt.

Motor Vehicle Accidents

Cases involving vehicles are the most common type of claim in New York. From crashes involving large commercial trucks to car accidents and public transit injuries, our team has seen it all. 

Premises Liability

Property owners have a legal obligation to maintain safe conditions on their premises. Failing to address hazards like icy walkways, spills, or bad lighting often results in slip-and-fall incidents and injuries.

Construction Accidents

Whether you’re working or visiting a construction site, if unsafe conditions or someone’s careless behavior causes injury, responsible parties may be liable for damages. Our Staten Island personal injury lawyers are familiar with the laws and regulations that apply to construction sites in New York. 

Medical Malpractice

When medical providers or healthcare systems fail to meet the established standard of care, patients may suffer life-changing harm. We understand the complex procedures and deadlines involved in filing a medical malpractice claim in New York. 

Other Personal Injury Claims

Our attorneys have successfully litigated personal injury claims in Staten Island, Brooklyn, and surrounding communities in New York and New Jersey.

Some other types of cases we handle include:



• Bicycle & pedestrian accidents
• Motorcycle accidents
• Boating accidents
• Train crashes
• Distracted drivers & DUI accidents
• Police brutality and civil rights violations
• Wrongful death

Evidence that Can Strengthen Your Personal Injury Claim

Building a strong foundation for your personal injury case requires solid evidence. That’s why it’s vital to investigate and gather documentation as soon as possible. Depending on the circumstances of your case, evidence may include:

• Photographs of the accident scene, property damage, and your injuries
• Police and incident reports
• Contact information for potentially liable parties and any witnesses
• Traffic camera, surveillance, and Dashcam footage
• Proof of lost wages and missed time from work
• Your medical records
• A daily journal documenting your injuries, recovery, and how it has impacted your life

Our team often works with investigators, accident reconstructionists, and medical experts to demonstrate how an accident happened, who is at fault, and the short- and long-term effects on your physical and mental health.

Do I Have a Personal Injury Case if I Was Partly at Fault?

Injury victims may hesitate to file a claim if they are partially responsible for an accident. However, in most cases, you can still recover compensation even if you share some liability. 

How Comparative Negligence Works in New York

New York follows a pure comparative negligence rule. This means you can still pursue compensation even if you were partially responsible for your injury. Your total recovery amount is simply reduced by your percentage of fault.

Insurance adjusters often attempt to shift blame to minimize payouts or deny claims. Our experienced personal injury attorneys know how to counter unfair shared-fault claims. We conduct a thorough investigation and build a compelling case to show who is at fault and why. 

Why Choose Our Staten Island Personal Injury Attorneys?

At Chelli & Bush, we understand how an unexpected injury can turn your life upside down. We provide the compassionate, tenacious legal support you need during this challenging time.

Our team won’t back down in the face of powerful insurance companies. We approach every case with strength, strategy, and patience. With more than five decades of experience in personal injury law, we’re familiar with local courts, judges, attorneys, and insurance adjusters. Our passion for helping injury victims shines through in our client testimonials and success in recovering more than $500 million for over the past 50 years.

Find a Personal Injury Lawyer Near You in Staten Island, NY

At Chelli & Bush, Attorneys at Law, we care about our clients. If you need help determining whether you have a viable personal injury lawsuit in NY, contact us or call 718-987-8444. We serve injury victims in Staten Island, Brooklyn, and the greater NYC area. 

Frequently Asked Questions about Personal Injury Claims in New York

When should I speak with a personal injury attorney?

Even if you’re unsure of whether you have a viable claim, you should contact a lawyer as soon as possible following an accident. Our personal injury law firm offers free, no-obligation case evaluations, regardless of whether we move forward with your claim.

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

The statute of limitations for filing a personal injury lawsuit in New York is three years. For wrongful death lawsuits, it is two years from the date of death.

Will my case go to trial?

The majority of personal injury claims are settled out of court, but we are always prepared to fight for you at trial if necessary.

How much does a personal injury lawyer cost?

Our team takes cases on a contingency fee basis. This means no upfront costs and we only get paid if we recover compensation for you. Attorney fees and other costs are deducted from any settlement or court verdict you receive.