How to File a Personal Injury Claim in New York: Common Questions Answered

Filing a personal injury claim can feel confusing—especially when you’re recovering from an injury and unsure what your rights are. At Campbell & Associates, we’ve helped countless New Yorkers understand what’s involved in holding negligent parties accountable.

To help you get started, here are answers to some of the most common questions we hear from personal injury clients in Buffalo, Hamburg, and throughout Western New York.

❓ What qualifies as a personal injury claim?

A personal injury claim is filed when someone is injured due to another party’s negligence—meaning they failed to act with reasonable care. This includes everything from slip-and-falls to car accidents, defective products, and medical negligence.

If someone else’s actions (or failure to act) led to your injury, you likely have grounds to file a claim.

❓ Do I really need a lawyer?

Absolutely—especially in New York, where personal injury law can be complex and deadlines are strict.

Insurance companies often try to settle quickly and for less than what your claim is truly worth. Working with a knowledgeable personal injury attorney ensures you aren’t left covering medical bills, lost wages, or future treatment out of pocket.

❓ How is negligence proven?

Negligence is established by showing:

  1. The other party owed you a duty of care
  2. They breached that duty
  3. That breach caused your injury
  4. You suffered damages as a result

At Campbell & Associates, we gather police reports, medical records, expert opinions, and eyewitness statements to build a case that clearly shows fault and damages.

❓ What types of damages can I recover?

In a successful personal injury claim, you may be entitled to:

  • Medical expenses (past and future)
  • Lost wages and reduced earning ability
  • Pain and suffering
  • Emotional distress
  • Property damage (if applicable)

In some cases, punitive damages may also apply if the other party acted recklessly.

❓ What types of cases do you handle?

We represent clients in a wide range of injury claims, including:

  • Motor vehicle accidents
  • Construction injuries
  • Nursing home neglect
  • Defective products
  • Dog bites
  • Wrongful death

Our legal team also takes on more specialized cases, such as claims under the Federal Employers Liability Act (FELA) and the Jones Act.

❓ How much does it cost?

You pay nothing up front. We work on a contingency fee basis—meaning you don’t pay unless we win your case. That way, you can focus on healing while we focus on fighting for your compensation.

Final Thought: You Deserve a Legal Advocate

After an injury, the last thing you need is more stress. That’s why Campbell & Associates is committed to guiding you every step of the way—with clear answers, dedicated representation, and a focus on real results.

Call us today at 716-992-2222 or visit campbellpersonalinjury.com to schedule a free consultation.

Recent Posts

Categories

Scroll to Top