What Qualifies as a Personal Injury Lawsuit?

When you suffer an injury because of someone else’s negligence, life can feel like it’s spinning out of control. In addition to physical pain and financial worries, the emotional toll on your family can be overwhelming. At Chelli & Bush, Attorneys at Law, our personal injury lawyers in Staten Island, NY, believe you shouldn't have to carry this burden alone. We can assess your case and determine whether a personal injury lawsuit is a viable legal path to help you find the justice and compensation you deserve. 

Key Takeaways

• How it works—Personal injury claims arise when someone’s negligence or deliberate act causes physical or emotional harm to another person.
• Time is of the essence—There are strict time limits for filing a personal injury lawsuit in New York, so it’s vital to speak to a lawyer as soon as possible.
• Proven results—Over the past five decades, our Staten Island personal injury attorneys have recovered more than $500 million for clients.
• No upfront costs—We work on a contingency fee basis, which means you pay nothing unless we win your case.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is what’s known as a tort claim. A tort is a civil wrong that occurs when one party’s actions or negligence causes harm to another. A personal injury claim seeks to prove that the other party is legally responsible for your injuries and liable for damages you’ve suffered. For a claim to be successful, four key components must be present:



• Duty of care—The other party had a legal responsibility to act with reasonable care, such as a motorist driving safely or a doctor providing treatment that adheres to the established standard of care.
• Breach of duty—The person or entity failed to meet their responsibility through action or inaction.
• Causation—This specific failure directly caused injury to another person.
• Damages—The victim suffered actual losses, including physical, emotional, or financial harm. 

Personal injury law covers a wide range of accidents and incidents. Our attorneys help clients navigate cases involving:

• Motor vehicle crashes, including those involving motorcycles, large trucks, pedestrians, and bicyclists
• Premises liability claims, including slip and fall incidents and dog bites
• Mass transit and train accidents
• Boating accidents
• Construction site accidents and other workplace injuries
• Medical malpractice and nursing home neglect
• Catastrophic injuries, such as spine and brain injuries
• Wrongful death

Strong Evidence is Vital to Build a Solid Personal Injury Claim

One of the building blocks of a strong personal injury case is compelling evidence. Our Staten Island personal injury attorneys know how to gather relevant evidence and put it all together to demonstrate liability, prove negligence, and show how your injuries have impacted your health and your life. This usually includes:



• Visual evidence—Photos and videos of the accident scene, your injuries, and any property damage.
• Witness statements—Contact information and testimony from people who saw what happened.
• Official reports—Police or incident reports that provide  information about the event.
• Medical records—Detailed documentation of your injuries, treatments, and future care needs.

Timelines for Filing a Personal Injury Lawsuit in New York

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, there are exceptions that may shorten or extend these deadlines, so it’s important to contact an experienced personal injury lawyer as soon as possible.



Waiting too long can permanently bar you from seeking justice, valuable evidence can be lost, and memories fade over time. Taking quick action and seeking the advice of an attorney can significantly increase your chances of a successful outcome and maximize your compensation. 

Common Mistakes That Can Hurt Your Personal Injury Lawsuit

It’s important to understand that insurance companies are not on your side. They look for reasons to reduce payouts or deny claims. Common pitfalls that can derail your case include:

• Delaying medical care—Make sure to go to the ER or see a doctor immediately. Waiting to seek treatment may suggest that your injuries aren’t as serious as you claim.
• Giving a recorded statement—Do not speak to insurance adjusters or give a written statement without speaking to a personal injury attorney first. Your words may be used against you and jeopardize your case.
• Signing releases or accepting a settlement too early—Do not sign anything or accept the first settlement offer that comes along. This can result in giving up your right to sue and put you in a precarious financial situation down the road.
• Social media activity—It’s best to deactivate your social media accounts during a personal injury lawsuit. Even seemingly innocent photos or comments can be misinterpreted as proof that you aren't seriously injured. If you must use social media, refrain from talking about your personal injury case. 

Why Choose Our Staten Island Personal Injury Attorneys?

While you can file a personal injury claim on your own, navigating the complex legal system is challenging. Having an experienced, tenacious lawyer by your side protects you from being bullied by insurers or accepting less than you deserve. We’re familiar with their tactics and take them on with patience, strength, and strategy. With Chelli & Bush you get:



• Five decades of local experience—With more than 50 years of serving personal injury victims in New York, we have longstanding professional relationships with local judges, attorneys, insurance adjusters, and respected experts.
• Compassionate advocacy— We’re committed to securing the justice and compensation you need while ensuring your family feels supported every step of the way.
• A proven record of success—Our dedication to relentless advocacy has helped us recover more than $500 million for injured clients and their families.
• Contingency fee structure— Our personal injury lawyers take cases on contingency, which means we get paid only if we secure a settlement or verdict for you. 

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

If you or a loved one has been injured in an accident, Chelli & Bush, Attorneys at Law, will stand by your side with resolve and help you find justice. To schedule a free consultation with a personal injury attorney near you in Staten Island, NY, contact us or call 718-987-8444. We serve clients in Staten Island, Brooklyn, and surrounding areas.

Frequently Asked Questions about Personal Injury Lawsuits in NY

How much is my personal injury case worth?

Each case is different. Our personal injury lawyers accurately value your claim by taking certain factors into account. This includes the cost of medical bills and lost wages, future costs, and loss of earning capacity, and pain and suffering based on the severity of your injuries. We work closely with economists, medical experts, and life care planners to ensure the full scope of your damages is covered for the long term.

How long will my personal injury case take?

Most personal injury claims are settled out of court and resolve within 6 to 18 months. However, timelines vary depending on the complexity of your claim, extent of your injuries and required medical treatment, and whether your case goes to trial.



What is pain and suffering?

Unlike monetary damages such as medical bills and lost wages, pain and suffering covers the non-economic impact of your injury. This includes physical pain, emotional distress, and the inability to participate in activities you once enjoyed.