Personal Injury
After a serious injury, the insurance company starts working against you within days. We work for you, and we do it ourselves. Our personal injury clients deal with the attorney handling their case, not a paralegal at a high-volume settlement shop.
What We Handle
Motor Vehicle and Pedestrian Accidents
New York is a no-fault state, which means your own insurance pays the first round of medical bills and lost wages no matter who caused the crash. To bring a lawsuit on top of that, your injury has to clear the "serious injury" threshold under Insurance Law 5102(d): a fracture, significant disfigurement, permanent loss of use of a body system, or a medically determined non-permanent injury that prevents you from performing your usual activities for at least 90 of the 180 days after the accident.
We handle car, truck, motorcycle, bicycle, pedestrian, and rideshare cases. The statute of limitations is generally three years from the date of the accident, but no-fault benefits require an application within 30 days. Comparative negligence under CPLR 1411 means that being partly at fault does not bar recovery; it reduces it proportionally. We have helped clients recover even where the police report assigned them shared fault.
Premises Liability
Slip and fall, trip and fall, stairwell collapses, dog bites, and falling objects all turn on whether the property owner knew or should have known about the dangerous condition and failed to address it. Many of these cases come down to documentation: incident reports, photographs, witness names taken down before they leave the scene, and medical records that connect the injury to the fall.
We move quickly to preserve evidence, including sending preservation letters for surveillance video that property owners routinely overwrite within 30 to 60 days. The statute of limitations is typically three years, but cases involving public sidewalks or city-owned property carry shorter windows and additional notice requirements.
Construction Site Injuries
New York's Labor Law gives construction workers protections that exist nowhere else in the country. Labor Law 240 (the "Scaffold Law") imposes absolute liability on owners and general contractors for gravity-related injuries: falls from heights, and objects falling from above. Labor Law 241(6) covers a broader range of construction site hazards governed by the Industrial Code. Labor Law 200 codifies the common law duty of reasonable care.
These statutes are powerful but technical. The defense bar litigates them aggressively, often arguing that the worker was the sole proximate cause or that the activity falls outside the protected categories. We represent injured workers from the initial incident through trial, coordinating with workers' compensation counsel where needed and pursuing the third-party tort case against owners, GCs, and other non-employer defendants.
Claims Against Government Bodies
Suing the City of New York, the MTA, the New York City Housing Authority, or a school district is not the same as suing a private defendant. General Municipal Law 50-e requires a Notice of Claim within 90 days of the incident, with specific information about the time, place, and nature of the claim. Miss the deadline and the claim is generally barred, with limited exceptions for late notice under GML 50-e(5).
Pothole and sidewalk cases against the City face the additional hurdle of the prior written notice requirement under NYC Administrative Code 7-201. We handle these matters from the Notice of Claim through statutory hearings under GML 50-h and into Supreme Court. For severely injured plaintiffs, CPLR 3403 may permit a calendar preference that moves the case to the front of the trial line.
Working Through Insurance and Settlement
Insurance adjusters call early, ask for recorded statements, and float low offers before clients have finished treatment. None of those conversations are required; most of them hurt the case. We handle communications with the carrier, push back on independent medical exams designed to minimize the injury, and value the case based on what New York juries actually award for comparable injuries, not what the carrier opens with.
Most personal injury cases settle. The ones that settle for fair value are the ones built and prepared as if they were going to trial. We work on contingency, which means no fee unless we recover for you.
Common Questions
How long do I have to file a personal injury lawsuit in New York?
3 years from the date of injury for most claims. 1 year and 90 days for claims against a government entity (city, state, county), with a mandatory Notice of Claim due within 90 days. Medical malpractice has a 2.5-year statute of limitations. Missing these deadlines permanently bars your claim.
Source: N.Y. CPLR § 214; N.Y. Gen. Mun. Law § 50-e; N.Y. CPLR § 214-a
How much is my personal injury case worth?
Value depends on the severity of injury, medical expenses, lost wages, pain and suffering, and long-term impact. Soft tissue injuries may settle for $10,000-$50,000. Fractures and surgeries typically range from $50,000-$500,000+. Catastrophic injuries (spinal cord, TBI) can reach millions. No two cases are the same.
Do I need a lawyer for a personal injury claim?
For minor injuries with clear liability and low medical bills, you may settle directly with the insurance company. For any injury requiring surgery, extended treatment, or involving disputed liability, an attorney significantly increases your recovery. Most personal injury attorneys work on contingency (no fee unless you win).
What is a no-fault insurance claim in New York?
New York's no-fault system requires your own auto insurance to pay up to $50,000 for medical expenses, lost earnings (80% of wages up to $2,000/month), and other basic economic losses regardless of who caused the accident. You must file within 30 days of the accident. No-fault does not cover pain and suffering.
Source: N.Y. Ins. Law § 5102-5108
What is the 'serious injury' threshold in New York auto accident cases?
To sue for pain and suffering beyond no-fault benefits, you must prove a 'serious injury' as defined by Insurance Law s 5102(d). This includes: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent consequential limitation, significant limitation of a body function, or a medically determined non-permanent injury preventing normal activities for 90 of the first 180 days.
Source: N.Y. Ins. Law § 5102(d)