After getting hurt in an accident in New York, you expect fairness. You expect the careless person or company to take responsibility. But instead, you might find their lawyers are trying to get your case thrown out of court. This can feel confusing and unfair—but it’s a common tactic in personal injury cases in New York.

It’s important to understand: this is not personal. For the other side and their insurance company, it’s all about business and saving money.

Why They Try to Dismiss Your Case

• They want to save money. It’s cheaper for an insurance company to pay lawyers to end your case early than to pay you for your medical bills, lost wages, and pain.
• They want to avoid responsibility. If your case is dismissed, they never have to admit fault.
• They hope you give up. They know hardworking people can get tired or scared. They bet that making things difficult will push you to walk away.

Common Arguments They Use

“You waited too long to file.”

In New York, the statute of limitations sets strict deadlines to file a personal injury claim. Miss that window, and they will immediately ask the judge to dismiss your case. This is why acting quickly is critical.

“The accident was your fault, too.”

They will try to blame you, saying you weren’t paying attention or you somehow caused the accident. Their goal is to reduce or deny responsibility.

“Your injuries are not serious.”

One of the most hurtful tactics: they review your medical records and claim you’re exaggerating or that your injuries came from somewhere else. This is why seeing a doctor right away and following treatment is essential.

“You don’t have enough proof.”

They will argue you can’t prove negligence. That’s why evidence matters: photos, police reports, medical documents, and witness statements can protect your case.

How to Protect Your Case

These are just tactics designed to make you feel powerless. But you have rights—no matter your immigration status. An experienced personal injury lawyer in New York can fight back with strong evidence and legal arguments to make sure your voice is heard.

At Helen F. Dalton & Associates, we’ve defended accident victims and workers in New York for over 30 years. We know these tactics and we know how to fight them.

If you are worried that the other side is trying to silence your story, remember: you don’t have to face this alone.

📲 Schedule a free, private consultation with our team today. We speak Spanish, we understand your struggles, and we are here to protect your rights.