Personal Injury Lawyer in NYC

In a motor vehicle case you must prove a "serious injury" under Insurance Law § 5102(d) to sue for pain and suffering. Following the 2026 amendment there are eight qualifying categories, including death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, and significant limitation of use.

Yes. Effective May 26, 2026, the 90/180-day serious injury category was eliminated, and new CPLR § 1411(b) applies modified comparative fault to motor vehicle cases. The changes generally apply to actions commenced on or after that date.

In most New York injury cases, yes — pure comparative fault reduces your recovery by your share but does not bar it. In motor vehicle cases filed on or after May 26, 2026, a plaintiff more at fault than the defendants combined recovers nothing.

Up to $50,000 in basic economic loss — medical treatment, a portion of lost earnings and certain necessary expenses — regardless of fault. It does not cover pain and suffering. You must file Form NF-2 within 30 days of the accident.

Most work on contingency at about one-third of the recovery, with no attorney's fee if there is no recovery. Medical malpractice fees follow a statutory sliding scale under Judiciary Law § 474-a, starting at 30% of the first $250,000 and decreasing to 10% above $1.25 million. Case expenses are separate — ask how they are handled.

Typically no. Personal injury attorneys usually advance case expenses and are reimbursed from any recovery. Ask specifically what happens to those advanced costs if the case is unsuccessful, as arrangements vary.

It depends on the severity of the injury, the medical evidence, available insurance coverage and the fault allocation. Online calculators cannot account for the serious injury threshold, liens or policy limits. An attorney can give a realistic range after reviewing your records.

Not always, but a consultation is usually free and worth it. Injuries that seem minor can turn out to meet the threshold, and early decisions — recorded statements, quick settlement offers, gaps in treatment — are difficult to undo.

You must cooperate with your own No-Fault insurer, but you are not required to give the other side's insurer a recorded statement. Be cautious: early statements are routinely used to shift fault, which now matters more in car accident cases.

Act immediately. You must serve a Notice of Claim within 90 days, usually attend a 50-h hearing, and file suit within one year and 90 days. These deadlines are far shorter than the ordinary three years.

Workers' compensation is generally your exclusive remedy against your employer, but you may also have a separate third-party claim against another party — and New York's Labor Law gives construction workers particularly strong protection for height-related injuries.

Claims settled without a lawsuit often resolve within a few months to a year. Filed cases commonly take one to two years, and cases tried to verdict can take two to four years or more.

New York currently limits wrongful death recovery largely to pecuniary loss, such as lost financial support and services. Grief and loss of companionship are not separately recoverable. The Grieving Families Act, which would change this, has been vetoed four times and is not law.

No. Dial4Law is a free attorney matching service for New York. We connect you with an independent attorney; any fees are set by and paid to that attorney, not to Dial4Law.