One of the most common questions we receive is:
“Do I have a good personal injury case?”
The answer depends on several important factors. Below, we’ll walk through the 8 key elements that help determine the strength of a personal injury claim in New York.
1. Liability – Who’s at Fault?
Liability refers to proving that the other party was at fault for your injuries. This usually means showing they failed to act with reasonable care.
In New York, if the defendant’s responsibility for the incident is unclear, the insurance company may reject the claim entirely—especially in smaller cases. Without clear liability, your chances of success are low.
2. Damages – Were You Seriously Injured?
Even if liability is clear, your case won’t go far without actual damages. In other words, you must prove that you were harmed—and how badly.
Sometimes, it’s hard to know the full extent of your injuries at the beginning. But generally, broken bones and serious injuries are more straightforward, while soft tissue injuries (like whiplash or back strains) can be harder to prove.
3. Ability to Pay – Is There Insurance or Assets?
In New York, it’s essential to determine if the at-fault party has insurance coverage or personal assets. If there’s no way to collect damages—even if you win—you could invest time, money, and emotion into a case and still receive nothing.
4. Jury Appeal – Will a Jury Like You (or Dislike the Defendant)?
Jurors are human. They tend to sympathize with plaintiffs they like. Likewise, if the defendant is unlikable—such as a drunk driver or someone who was clearly reckless—your case becomes stronger and may settle for more.
5. Quality of Evidence and Witnesses
Your case is only as good as your evidence. And often, your evidence is only as strong as your witnesses.
If the only witness to support your side is a friend or relative, your case might seem biased. Independent, credible witnesses (and doctors willing to testify clearly and confidently) make a big difference in settlement value.
6. The Insurance Company’s Approach
Not all insurance companies operate the same way. Some will spend more defending a case than the claim is even worth, just to avoid paying. Others act more fairly and reasonably, which increases the chance of a faster and fairer settlement.
7. Time Since the Incident
Generally, the more time that passes before a case reaches trial, the less compelling your injury might seem to a jury—especially if you’ve recovered by the time of the trial.
In New York, the statute of limitations is also a factor. You typically have three years from the date of the injury to file a lawsuit—but there are exceptions, so don’t wait to speak with an attorney.
8. Vehicle Damage in Car Accident Cases
In New York auto accident cases, jurors often look at the extent of the damage to the vehicles involved. If your car only has a small scratch, it can be hard to convince a jury you were seriously injured.
However, if your vehicle looks like it was crushed or totaled, it’s much easier to argue that you sustained significant harm.
In Summary:
To determine if you have a strong personal injury case in New York, ask yourself:
- Is it clear the other party is at fault?
- Are your injuries serious and well-documented?
- Is there insurance coverage or financial resources to collect from?
- Will a jury like you—and dislike the defendant?
- Are there credible, persuasive witnesses?
- Is the insurance company fair or aggressive?
- Will you be fully recovered by the time of trial?
- If it’s an auto accident, is there visible vehicle damage?
Still Unsure If You Have a Case?
We’re here to help. If you have questions about your potential claim, contact Dorazo-Peterson today.
📞 Call us at (518) 308-8339
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🌐 Visit our website at https://www.doraziopeterson.com/
We proudly serve Saratoga Springs, Albany, Schenectady, Troy, and communities throughout the Capital Region and New York State