Top New York Personal Injury Lawyer
Top New York Personal Injury Lawyer
Most people who call us have never hired an attorney before. They were hurt, the bills started coming in, and the insurance company made it sound like there wasn’t much they could do. There usually is.
New York personal injury law gives injured people real options — but the window to act is short, the rules are specific, and insurance companies count on you not knowing them. These FAQs cover what our clients ask most in the first call. Read through them. Then call us.
Have a question that’s not covered below? Call us at (914) 342-7004 or use the contact form at the bottom of this page.
Check for injuries and call 911. Move to a safe location if possible. Exchange insurance and contact information with the other driver. Photograph the scene, damage, and any visible injuries. Never admit fault at the scene. Get the names of any witnesses. Seek medical attention right away — some injuries appear days later. Call us before speaking with any insurance adjuster.
New York’s statute of limitations for car accident injury claims is 3 years from the date of the accident. For wrongful death, the window narrows to 2 years from the date of death. Missing this deadline almost always means losing your right to sue permanently.
No-fault means your own insurance covers initial medical bills and lost wages regardless of who caused the crash. You can still sue the at-fault driver if your injuries meet New York’s serious injury threshold — significant disfigurement, bone fractures, or injuries limiting your daily activities for 90 out of 180 days following the accident.
Your own uninsured motorist coverage steps in. If you have underinsured motorist coverage and the at-fault driver’s policy is not enough, that coverage can fill the gap. We also investigate whether other parties share liability — a vehicle owner, employer, or government agency responsible for road conditions.
New York follows pure comparative negligence. If you are found partially at fault, your compensation is reduced by your percentage of fault. Evidence like police reports, traffic camera footage, witness statements, and accident reconstruction expert testimony all help establish what happened.
Truck accidents often involve multiple responsible parties: the driver, the trucking company, the vehicle owner, the cargo loader, the truck manufacturer, or a maintenance company. Identifying every liable party is one of the first things we do — it directly affects how much compensation you can recover.
Commercial trucking is governed by federal FMCSA regulations covering driver hours-of-service, vehicle maintenance, load limits, and driver qualifications. When a trucking company violates those rules, it becomes evidence of negligence. Trucking companies also carry much larger insurance policies and deploy their own lawyers and adjusters immediately after serious accidents. Having your own attorney from the start is necessary.
Black box data, driver logs, maintenance records, cargo manifests, the trucking company’s safety history, and any surveillance or dashcam footage. This evidence can disappear within days — companies sometimes overwrite black box data automatically. We send a legal hold letter as soon as we are retained so nothing gets destroyed.
3 years from the date of the accident for personal injury. If a government vehicle was involved — federal or state trucks, transit authority vehicles — the deadline to file a notice of claim can be as short as 90 days. Do not assume you have time to wait.
Medical bills past and future, lost wages and earning capacity, pain and suffering, property damage, and in cases of extreme misconduct, punitive damages. Truck accident injuries are often severe — spinal injuries, traumatic brain injuries, amputations. We build the full picture of your losses before accepting any offer.
You need to show the property owner knew — or should have known — about the dangerous condition and failed to fix it within a reasonable time. This means establishing actual notice (they were told about the hazard) or constructive notice (the condition existed long enough that a reasonable owner would have found it). Courts also consider whether the hazard was open and obvious, which can reduce liability.
3 years from the date of the accident for private property. If the fall happened on government property — a city sidewalk, public building, or MTA station — you have just 90 days to file a Notice of Claim against the municipality. This deadline is strict. Courts rarely grant exceptions, and missing it permanently bars your claim.
New York’s pure comparative negligence rule applies. If a jury finds you 30% at fault, a $100,000 award becomes $70,000. Your partial fault does not bar your recovery, but insurance companies will use any evidence of contributory negligence to minimize what they pay. Do not give recorded statements without an attorney present.
Wet floors without adequate warning signs, uneven pavement or sidewalks, unmarked steps, torn or bunched carpeting, inadequate lighting in stairwells and parking lots, ice and snow left uncleared on commercial property, and store aisles blocked by merchandise or spills.
It depends on the severity of your injuries, your medical expenses, lost income, and how clearly the property owner was negligent. Broken hips, spinal injuries, and traumatic brain injuries produce significantly higher outcomes than sprains. There is no honest estimate without reviewing your medical records and the specific circumstances. We offer free consultations and charge nothing unless we win.