After a crash or a fall in New York City, your life can change in one loud second. Then the questions start. How will you prove what happened. Who will believe you. New York law demands proof. Your pain alone is not enough. You need clear evidence that shows who caused your injury, how it happened, and how it damaged your body, work, and daily life. This proof must stand up to insurance companies that look for any excuse to deny or shrink your claim. It must also meet strict city and state rules. The wrong step can cost you money you need for treatment, rent, and food. This guide explains the key evidence you must gather and protect. It also shows how The Silbowitz Firm uses that proof to build strong cases for injured people across New York City.
Contents
- 1 Why evidence matters so much in New York City cases
- 2 The three kinds of proof you need
- 3 Evidence of how the incident happened
- 4 Evidence that shows who is at fault
- 5 Evidence of your injuries and losses
- 6 Key evidence types compared
- 7 Common mistakes that weaken your evidence
- 8 How a focused law firm uses your evidence
- 9 Steps you can start today
Why evidence matters so much in New York City cases
New York is a no fault state for car crashes. That means your own auto insurance often pays first for basic medical bills. Yet to step outside that system and sue for pain and suffering, you must show a serious injury under New York Insurance Law. You also must prove that someone else broke a safety rule and caused that harm.
Judges and juries do not guess. They look at what you can prove with records, photos, and witnesses. Insurance companies do the same. Strong evidence raises the value of your case. Weak evidence gives them power to delay, blame you, or walk away.
The three kinds of proof you need
You can think about your evidence in three groups.
- Evidence that shows how the incident happened
- Evidence that shows who is at fault
- Evidence that shows how the injury changed your life
You need all three. Missing one group can sink your claim.
Evidence of how the incident happened
Right after a crash or fall, your body and mind feel shock. You may want to go home and rest. You may feel pressure to move your car or accept a quick offer. Slow down. If you can do so safely, start gathering proof.
- Photos and video. Take pictures of cars, skid marks, broken glass, potholes, spills, broken steps, missing signs, and traffic lights. Take wide shots and close shots. Record short videos that show traffic flow or how a floor or stair feels underfoot.
- Police reports. In New York City, officers often respond to car crashes and many injury calls. Ask for the incident number. Later, you or your lawyer can request the report. The New York State Department of Motor Vehicles explains crash reporting rules at https://dmv.ny.gov.
- Incident or store reports. If you fall in a store, building, or workplace, ask for a written report. Get the name and job title of the person who fills it out.
- Surveillance footage. Many city streets, stores, and apartment buildings use cameras. Video can show the exact cause of your injury. You need to act fast. Many systems record over old footage within days.
Evidence that shows who is at fault
Next, you must connect the incident to someone’s careless act or failure to act. That can be a driver, a property owner, a landlord, a business, or a city agency.
- Witness statements. Get names, phone numbers, and email addresses from anyone who saw or heard what happened. Neutral witnesses carry strong weight because they have nothing to gain.
- Traffic and safety rules. New York City has traffic rules, building codes, and safety standards. A violation can support your case. For example, running a red light or failing to fix a known leak can show fault.
- Prior complaints. If a building had many complaints about broken stairs or no lights, that can show the owner knew about the danger. City complaint data and housing code rules are described by the NYC Department of Housing Preservation and Development at https://www.nyc.gov/site/hpd/index.page.
- Expert opinions. Sometimes an expert in crash reconstruction, building safety, or medicine must review the facts. That expert can explain cause in plain words to a jury.
Evidence of your injuries and losses
You also must show that the incident caused real harm. New York law looks at both physical and emotional harm.
- Medical records. Go to a doctor or emergency room as soon as you can. Tell the provider exactly what happened and every part of your body that hurts. Follow through with treatment. Keep copies of visit notes, test results, and prescriptions.
- Medical bills. Save every bill, receipt, and invoice. This includes hospital stays, urgent care, physical therapy, medication, medical supplies, and devices.
- Work and income proof. Ask your employer for a letter that lists your job, pay rate, hours, and days you missed. Keep pay stubs, tax returns, and disability forms.
- Daily life journal. Write short notes about your pain, sleep, mood, and limits at home and work. Include missed family events, hobbies, or school events with your children.
- Photos of injuries. Take clear photos of bruises, cuts, casts, braces, and scars over time. This shows healing and lasting effects.
Key evidence types compared
Different kinds of proof serve different goals. The table below shows how common evidence supports your case.
| Type of evidence | Main purpose | When it helps most |
|---|---|---|
| Scene photos and video | Show how the incident happened | When stories conflict about road or property conditions |
| Police or incident reports | Provide an official record | When insurance questions basic facts or fault |
| Witness statements | Support your version of events | When the other side blames you |
| Medical records | Link the incident to your injuries | When an insurer claims your pain came from a past problem |
| Work and income records | Show wage loss | When you miss work or lose future earning power |
| Journal and family statements | Show pain and life changes | When seeking payment for suffering and loss of enjoyment |
Common mistakes that weaken your evidence
Many people lose strength in their case because of simple choices. You can avoid these traps.
- Leaving the scene without photos or witness names when safe to collect them
- Posting about the crash or fall on social media
- Missing medical visits or ignoring doctor advice
- Throwing away bills, receipts, or damaged items
- Giving a recorded statement to insurance before you talk to a lawyer
Insurance adjusters are trained to use your words against you. Short, careful answers and legal support protect you.
How a focused law firm uses your evidence
Evidence is not just a stack of paper. It is a story about your life before and after the injury. A focused law firm gathers records, speaks to witnesses, and orders video and reports. It then builds a clear timeline that shows cause, fault, and impact. That story can pressure insurance to pay a fair amount. If they refuse, the same proof supports you in court.
The Silbowitz Firm reviews each piece of evidence for gaps and attacks. It works to close those gaps early so you are not exposed later.
Steps you can start today
You may feel tired and overwhelmed. You can still protect your case with three simple steps.
- Gather. Put all photos, reports, bills, and letters in one folder or box.
- Write. Start a short daily note about your pain, mood, and limits.
- Reach out. Contact a trusted lawyer who handles New York City injury cases.
You did not choose this harm. You can choose to protect your rights. Strong evidence gives you a voice in a system that often feels cold. It helps you demand fair payment for the life this injury took from you and the life you are working to rebuild.