A close-up image of a dark wooden gavel resting on a block placed on a book. The gavel has a polished, smooth texture and metal band around its head. The background features a wooden surface, providing contrast to the gavel's darker wood—emblematic of personal injury attorneys' commitment to justice.

If you sustained injuries in an accident, please read on, then contact one of our experienced Westchester County personal injury attorneys to learn if you will have to go to court for a personal injury claim in New York.

Do all personal injury claims end up in court in New York?

If you have been injured in an accident in the state of New York, you must understand all the options available to recover damages to cover your expenses. While Empire State law does allow accident victims the right to take their personal injury case to a court trial, in reality, a vast majority of such cases get settled out of court. Chances are, you will never have to set foot in a courtroom to resolve your personal injury claim.

How do you resolve a New York personal injury claim without going to court?

First of all, you should reach out to, and retain the services of one of our skilled Westchester County personal injury attorneys. Together with your competent legal representative, you will have to collect, compile and present as much critical evidence as possible so that you can receive the following forms of compensation:

  • The cost of surgeries
  • The cost of overnight stays in a hospital
  • Lost wages
  • The cost of rehabilitation

Depending on what you and your attorney are able to prove in court, you may also be entitled to damages stemming from pain and suffering, emotional distress, disfigurement, the loss of enjoyment of life and more. The key is to subject the defendant to a legal offensive that forces them to realize that it is in his or her best interests to settle your claim and for the amount you are requesting. How successful you are could also depend on how long after the accident you chose to file.

How long do you have to file a personal injury claim in NY?

In New York, the statute of limitations for personal injury claims is three years, from the date of the accident. While you can wait for as long as three years to file your personal injury claim, the longer you wait to take legal action, the harder it will be to prove that your injury was the direct result of the accident. Simply put, the sooner you reach out to our firm, the better your chances of success are. Barring very specific circumstances, waiting longer than three years will permanently bar you from suing. Do not wait. Please give us a call today.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.