What Is and Isn’t Recognized as Personal Injury in NY Law

Accidents happen when we least expect them. Maybe you slipped on a wet floor in a store, or a distracted driver caused a crash on your way to work. In addition to physical pain, accidents can bring stress, unexpected bills, and time away from work.

If someone else’s negligence caused your injury, you may be entitled to compensation—but it’s important to understand what the law in New York recognizes as a personal injury and what it doesn’t. Knowing the difference can save you time, frustration, and uncertainty.

1. What Is Personal Injury?

In New York, personal injury is a legal term that refers to physical, emotional, or financial harm caused by another person’s careless or intentional actions. Essentially, if someone else’s negligence led to your harm, you may have the right to seek compensation.

Personal injury law exists to help victims cover costs such as medical bills, lost wages, rehabilitation, and even emotional distress that results from the accident.

2. Examples of Personal Injury

Personal injury can take many forms. Some common examples include:

• Physical injuries: Broken bones, burns, cuts, head injuries, or internal injuries caused by accidents such as car crashes, slip and falls, or workplace incidents.

• Emotional or psychological injuries: Trauma, anxiety, or post-traumatic stress disorder (PTSD) caused by the accident.

• Financial injuries: Lost wages, rehabilitation costs, or other expenses resulting from the accident.

  
  

For instance, imagine walking into a grocery store and slipping on a puddle that wasn’t cleaned up. You break your arm, can’t work for a few weeks, and feel anxious about returning to that store. This situation includes physical injury, lost income, and emotional distress—all recognized as personal injury under New York law.

3. Common Personal Injury Cases in New York

Some of the most frequent personal injury claims include:

• Car and motorcycle accidents: Crashes caused by negligent drivers.

• Slip and fall accidents: Property owners must keep their premises safe.

• Workplace injuries: Sometimes involving third-party liability beyond workers’ compensation.

• Medical malpractice: Mistakes made by doctors, nurses, or other healthcare providers.

• Product liability: Injuries caused by defective or unsafe products.

  
  

Each type of case has its own rules, deadlines, and evidence requirements, making professional legal guidance essential.

4. What Isn’t Considered Personal Injury

It’s equally important to understand what does not qualify as a personal injury in New York:

• Pre-existing conditions: Injuries or health problems that existed before the accident are generally not covered.

• Minor emotional upset without physical harm: Simple stress, frustration, or mild anxiety that isn’t tied to a physical accident usually doesn’t qualify.

• Property damage alone: Damage to belongings, like a broken phone or car, without an accompanying injury, typically isn’t considered personal injury.

• Self-inflicted injuries: Injuries caused intentionally by yourself are usually not eligible for compensation.

• Financial losses unrelated to injury: Losing money due to a contract dispute or other non-physical harm is usually not recognized as a personal injury.

  
  

Understanding these limits helps you focus on claims that are valid under New York law and prevents frustration when filing a case.

5. Economic vs. Non-Economic Damages

Personal injury claims often involve two types of damages:

• Economic damages: Tangible, measurable losses such as medical bills, prescriptions, and lost income.

• Non-economic damages: Less tangible losses such as pain and suffering, emotional distress, or reduced quality of life.

  
  

Using our grocery store example, your broken arm and hospital bills are economic damages, while your anxiety about returning to public places counts as non-economic damages. Both can factor into a personal injury claim.

6. How Negligence Plays a Role

Most personal injury cases in New York are based on negligence. Negligence occurs when someone fails to act with reasonable care, resulting in harm to another person. To prove negligence, an attorney must show:

1. The defendant had a duty to act safely.

2. They breached that duty.

3. The breach caused your injury.

4. You suffered measurable damages as a result.

   
   

New York also uses comparative negligence rules, which means your compensation could be reduced if you are found partially at fault for the accident.

7. Why You Need an Attorney

Filing a personal injury claim can feel overwhelming. Insurance companies may offer quick settlements that don’t fully cover your losses, and missing deadlines can jeopardize your case.

A skilled attorney can:

• Identify all responsible parties

• Calculate the full value of your damages

• Gather evidence, medical records, and witness statements

• Negotiate with insurers or represent you in court

  
  

Having legal guidance ensures your claim is handled properly and gives you peace of mind while you focus on recovery.

8. Final Thoughts

Personal injury under New York law includes physical, emotional, and financial harm caused by another person’s negligence. Equally important is knowing what doesn’t count as a personal injury, so you can focus on valid claims.

If you’ve been injured in an accident, speaking with a Mahopac, NY personal injury attorney can help you understand your rights, navigate the claims process, and pursue the compensation you deserve. With the right guidance, you can focus on healing while your attorney fights for your best outcome.