Long Island Personal Injury Lawyer | Friedman & Simon Logo

CALL FOR A FREE CONSULTATION

(516) 932-0400

How to Win Your Personal Injury Claim

How to Win Your Personal Injury ClaimAfter an accident, your health, livelihood, and financial future can all be at risk. Winning your personal injury claim means proving that someone else’s negligence caused your injuries and losses—and that often requires quick action and strong evidence. From documenting the scene to following your medical treatment plan, every decision you make could affect your ability to recover compensation. Understanding how to win your personal injury claim also means being prepared for a determined pushback from insurance companies. These companies are not on your side and may use various tactics to reduce or deny your payout. At Friedman & Simon, L.L.P., our Long Island personal injury lawyers can level the playing field by protecting your rights, gathering the right evidence, and handling negotiations on your behalf.
Edward Friedman
REVIEWED BY Edward Friedman September 05, 2025
In This Article
Reading time: 5 minutes
  1. Preserving Evidence Is Crucial to All Personal Injury Cases 
  2. Protecting Your Health Protects Your Legal Claim
  3. Insurers Want to Keep You From Winning Your Claim 
  4. Our Personal Injury Lawyers Protect Accident Victims Like You 
  5. We Will Handle Your Personal Injury Claim

Preserving Evidence Is Crucial to All Personal Injury Cases 

To get money from the at-fault party, you need to prove that they were negligent and that their negligence directly led to your accident and injuries. Accident scenes often change quickly, so the sooner you start gathering evidence to show what the scene was like at the exact moment you were injured or as soon thereafter as possible, the better. Examples of useful evidence include:
  • Photos and video of the scene, your injuries, and any important objects (e.g., the vehicle that hit you or the hazard you tripped over)
  • Names and phone numbers of witnesses
  • The name and insurance information of the person who hit you (in motor vehicle accident cases)
  • Any bills or receipts, such as vehicle repair bills, that you receive in relation to the accident
Reporting the accident to the proper authorities is also a good way to preserve evidence. This could be the local police department, animal control, or a property manager, depending on how and where you were injured. These parties must then create an official report that documents key facts about the accident (e.g., date, time, and location), strengthening your future claim. 

For a free legal consultation, call (516) 932-0400

Protecting Your Health Protects Your Legal Claim

Always see a doctor after any sort of accident. Use your judgment to decide what kind of care you need: emergency treatment at a hospital or urgent care center, or a check-up with your primary care physician. This strengthens your personal injury case by:
  • Showing that your injuries were at a level of severity that you required treatment right away
  • Creating an official medical record that includes your diagnosis, symptoms, and what treatments you require
Follow through on all of your doctor’s recommendations. Do not miss appointments. The insurance company will look for any excuse to deny or underpay your claim. Sticking with your treatment plan demonstrates that your injuries called for that treatment, giving the insurer one less excuse to refuse to pay you appropriately, as they are mindful that evidence of your injury could potentially end up being presented to a judge and jury. Your health is your number one priority. You should not risk it for any reason, not even to collect evidence. If you are rushed from the scene to receive emergency care and did not get a chance to collect evidence, that is okay, and we don’t want you to worry about it. We have dealt with such situations many times. Our personal injury attorneys will take that into account as we launch an investigation into your case. 

Insurers Want to Keep You From Winning Your Claim 

It is important to report your accident to the relevant insurance companies. For example, if you were in a car accident, we will report it to your no-fault insurance provider and file a claim with the at-fault party’s insurer as soon as possible. Keep in mind, however, that these insurers are not on your side.  Winning a personal injury claim means winning against large, powerful insurance companies that do not always treat plaintiffs with the respect and dignity they deserve. Be aware of the various tactics that these insurers might use to save themselves from having to pay compensatory damages:
  • Offering a fast settlement that does not cover all of your losses
  • Refusing to negotiate a more appropriate settlement
  • Blaming you for the accident, which would reduce what they have to pay under New York’s contributory negligence law (frequently referred to as “comparative negligence” as the degree of negligence of each involved party is compared and apportioned. For example, a dispute over which party had the green light at an intersection might be resolved at 50/50, whereas a hit in the rear while the lead car is stopped at a red light would be deemed 100% the fault of the car in the rear.) 
  • Claiming that their client’s behavior does not count as negligence, so they are not liable for your injuries
  • Asking you to record a statement about the accident, which they will try to pick apart for inconsistencies or any material they could use to undermine your case
Protect your case by saying as little as possible to the insurance company or anyone else until you get a chance to consult with our law firm. Do not talk about the accident on social media, either: the insurance company is very likely to monitor your accounts. If anyone tries to contact you about your case directly, give them our contact information. Do not try to engage with them on your own: even a seemingly innocent statement, like “I’m feeling okay,” could cost you. Part of our job is to manage all communications with the other parties involved in your case. We will send and receive paperwork, field phone calls, and negotiate with the insurer for the settlement you deserve.

Click to contact our personal injury lawyers today

Our Personal Injury Lawyers Protect Accident Victims Like You 

Promptly calling a lawyer could make it easier to win your personal injury claim because we will:
  • Start advising you on how to protect your rights immediately
  • Have more time to collect evidence while it is still available
  • Be able to file your case within the deadline set by the statute of limitations
  • Manage your case from start to finish, relieving you of the burden of having to navigate the legal system on your own
No lawyer can promise to win your claim, and you should avoid any lawyer who does make such a promise. What a reliable, competent lawyer will do is provide an honest, actionable assessment of your claim and what the possible outcomes are, allowing you to make the right legal choices for you and your family. Then we will implement whatever course of action you feel is best.  If you ever have any questions or concerns about your case, speak with us immediately. We will guide you through the legal process step by step.

Complete a Free Case Evaluation form now

We Will Handle Your Personal Injury Claim

Friedman & Simon, L.L.P., is proud to have recovered hundreds of millions of dollars for the people we represent. We do everything possible to improve our clients’ chances of winning their personal injury claims and lawsuits. Call today for a free consultation and find out how we will support your claim for compensation.

Call or text (516) 932-0400 or complete a Free Case Evaluation form