Do You Have a Good Personal Injury Case in New York? Here’s What You Need to Know
Hi, I’m Scott Peterson from D’Orazio Peterson. We represent a small number of seriously injured individuals across New York State — with a special focus on Saratoga Springs and the Capital Region. One of the most common questions we hear is:
“Do I have a good personal injury case?”
The answer depends on several important factors. Whether you’ve been in a car accident, a slip and fall, or suffered another type of injury, here are 8 key things that determine whether your personal injury claim has real strength — especially here in New York.
1. Liability – Who’s at Fault?
To succeed in a personal injury case, someone else must be legally at fault — they must have breached a duty of care. This is often the biggest hurdle, especially in smaller cases. If liability (who is responsible) is unclear or shared, insurance companies are quick to deny or fight the claim. Without clear evidence of fault, your chances of winning — or getting a decent settlement — are lower.
2. Damages – Are You Seriously Hurt?
Even if someone else was clearly at fault, you need actual damages to have a case. These damages include medical bills, lost wages, and pain and suffering. In New York, the full extent of your injuries may not be obvious right away. However, broken bones tend to be taken more seriously than soft tissue injuries like neck or back strains.
3. Is There Money to Cover the Claim?
A strong case also requires a source of recovery. That usually means insurance coverage or significant personal assets from the at-fault party. If there’s no way to collect damages — even if you’re right — you may spend months or years fighting for a payout you’ll never receive.
4. Will a Jury Like You (or Dislike the Defendant)?
Believe it or not, likeability matters. Jurors are human, and they tend to award more in cases where they connect emotionally with the injured party — and dislike the defendant. If your case involves someone like a drunk driver or reckless individual, that often increases your leverage in settlement discussions.
5. Do You Have Strong Evidence and Witnesses?
Your case is only as strong as the evidence backing it up. Witnesses play a big role. A neutral, third-party witness carries more weight than a friend or relative. Similarly, your doctor’s ability and willingness to testify can make or break the medical side of your claim.
6. What Type of Insurance Company Are You Dealing With?
Some insurance companies in New York are notoriously difficult. They may spend more money fighting a claim than simply settling it — even when they’re likely to lose. Others are more reasonable. The reputation of the insurer can affect how smoothly your case moves forward — and how fairly you’re treated.
7. How Much Time Has Passed Since the Incident?
Time matters. If you’re fully recovered by the time of trial, especially after only a short period of symptoms, jurors may be less sympathetic. New York courts also have strict deadlines (called statutes of limitations) for filing personal injury claims, so don’t wait too long.
8. What Does the Property Damage Look Like?
In motor vehicle accidents, visible damage to your car can influence how jurors see your injuries. A scratched bumper may lead them to doubt the severity of your pain. On the other hand, if your car looks like it was totaled, it’s much easier to believe you were seriously hurt.
Recap: Do You Have a Strong Personal Injury Case in New York?
Here’s what we consider when evaluating your case:
- Is the other party clearly at fault?
- Do your injuries align with the accident and medical records?
- Is there insurance or financial coverage available?
- Will a jury find your story and character compelling?
- Are there reliable, unbiased witnesses?
- Is the insurance company known for fair negotiations?
- Are you still injured, or have you fully recovered?
- In car accidents, is there visible property damage?
Talk to a Personal Injury Lawyer in Saratoga Springs, NY
Still wondering if you have a good case? Reach out today for a consultation. We proudly serve Saratoga Springs, Albany, Schenectady, Troy, and the surrounding Capital Region.
📞 Call us at (518) 308-8339
💬 Send us a direct message on social media
🌐 Or contact us through our website: DorazoPeterson.com
Let’s talk about your situation — and whether legal action makes sense for you.