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Long Island personal injury lawyer — Law Office of Jason Tenenbaum
★★★★★ 4.9 Rating • 200+ Reviews

Injured? You Deserve
Maximum Compensation.

When someone else's negligence leaves you hurt, the Law Office of Jason Tenenbaum fights to recover every dollar you're owed. Serving Nassau County, Suffolk County, and all of Long Island since 2002. Free consultation. No fee unless you win.

Serving Long Island, Nassau County, Suffolk County & All of NYC

$100M+

Recovered

24+

Years Experience

$0

Upfront Cost

24/7

Available

Why Choose Our Firm

The Tenenbaum Advantage

No Fee Unless You Win

Every personal injury case is handled on a contingency fee basis. You pay nothing upfront and nothing out of pocket — our fee is a percentage of what we recover for you.

24+ Years of Experience

Practicing since 2002, Jason Tenenbaum has deep knowledge of Long Island courts, judges, and the insurance tactics that define personal injury cases in Nassau and Suffolk Counties.

1,000+ Appeals Written

Jason writes his own appeals and tries his own cases. The attorney who knows your file is the one standing in front of the judge — most firms split that work among different lawyers.

5 Languages Spoken

Our multilingual staff serves Long Island's diverse communities in English, Spanish, Italian, Japanese, and Russian — so language is never a barrier to justice.

Dedicated Personal Attention

You work directly with your attorney — not a paralegal, not a case manager. You're never a file number at our firm. We treat every client like a neighbor, because on Long Island, you are one.

Nassau & Suffolk County Expertise

Familiarity with local courts, judges, and procedural rules across both counties. We know how insurance carriers and defense firms operate on Long Island — and how to beat them.

Proven Results

Recent Case Recoveries

$2M

Bodily Injury Settlement

Spinal injuries, Nassau County

$1.5M

Employment Discrimination Verdict

Workplace retaliation case

$1.2M

Motorcycle Accident Recovery

Client Allen — rear-end collision

$800K

Car Accident Settlement

Client Aida — multi-vehicle crash

$800K

Car Accident Recovery

Client Frederica — Long Island

$700K

Wrongful Termination Verdict

Employment law victory

*Past results do not guarantee similar outcomes. Every case is different.

Your Long Island Personal Injury Lawyer

When you've been injured on Long Island, having a personal injury lawyer who knows the local courts, insurance companies, and defense tactics makes the difference between a lowball settlement and full compensation. The Law Office of Jason Tenenbaum has represented accident victims across Nassau County, Suffolk County, and New York City for over 24 years.

As a Long Island personal injury lawyer, Jason Tenenbaum has recovered over $100 million for clients injured in car accidents, slip and fall incidents, medical malpractice cases, workplace injuries, and more. Our Huntington Station office at 326 Walt Whitman Road is centrally located on Long Island, giving us direct access to Nassau County Supreme Court in Mineola, Suffolk County Supreme Court in Riverhead, and every district court on the island.

What separates our firm: Jason writes his own appellate briefs and tries his own cases. You won't be handed off to a junior associate. The attorney who knows your case is the one fighting for you in the courtroom. With over 2,353 published legal articles and 1,000+ appeals written, our depth of experience in New York personal injury law is unmatched on Long Island.

If you need a personal injury lawyer on Long Island — whether for a car crash on the LIE, a fall at a Nassau County business, or a surgical error at a Suffolk County hospital — contact us for a free consultation or call (516) 750-0595.

Understanding Personal Injury Law on Long Island

Personal injury law in New York is governed by a complex framework of statutes, insurance regulations, and court rules that directly impact your right to compensation. Understanding these rules is essential — and having an attorney who knows how to navigate them is the difference between a fair recovery and leaving money on the table.

New York operates under a no-fault insurance system. After a motor vehicle accident, your own insurer covers medical expenses and lost wages through Personal Injury Protection (PIP) benefits — up to $50,000 — regardless of who caused the crash. You must file your no-fault application within 30 days. No-fault does not cover pain and suffering. To pursue full compensation from the at-fault party, your injuries must meet the "serious injury" threshold under Insurance Law Section 5102(d). This includes fractures, permanent limitation of a body organ or member, significant disfigurement, or inability to perform substantially all daily activities for 90 of the first 180 days after the accident.

The statute of limitations for most personal injury cases in New York is three years from the date of the accident. However, claims against government entities — Nassau County, Suffolk County, the MTA, school districts, and municipal agencies — require a notice of claim filed within just 90 days under General Municipal Law Section 50-e. Medical malpractice claims have a 2.5-year deadline. Missing any of these windows can permanently bar your right to sue.

New York’s Pure Comparative Negligence (CPLR §1411)

Unlike most states that bar recovery at 50–51% fault, New York allows you to recover damages even if you were 99% at fault — your award is simply reduced by your share of responsibility. This makes New York one of the most plaintiff-friendly states in the country for personal injury claims.

New York follows a pure comparative negligence rule under CPLR Section 1411. This means you can recover compensation even if you were partially at fault for the accident — your award is simply reduced by your percentage of responsibility. If you are found 40% at fault with $500,000 in damages, you would still recover $300,000. Insurance companies aggressively try to inflate your share of blame, which is why having an experienced Long Island personal injury attorney is critical. For a deeper dive into the legal process, explore our guides on understanding car accident claims in New York and use our settlement calculator to estimate your case value.

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How Insurance Companies Work Against You

Insurance companies are not on your side — no matter how friendly their adjusters seem. Their business model depends on paying you as little as possible, and they have decades of experience doing exactly that.

Within days of your accident, an adjuster will likely contact you requesting a recorded statement. This is not a routine procedure — it's a carefully designed tool to get you to say something that undermines your claim. They will ask leading questions about how you feel, whether you had prior injuries, and the specifics of the accident. Anything you say can and will be used against you.

Insurance companies also engage in surveillance. They hire investigators to follow you, photograph you, and monitor your social media accounts. A single photo of you lifting a grocery bag or attending a family event can be weaponized to argue your injuries aren't serious. They will also comb through your medical history looking for pre-existing conditions they can blame for your current pain.

The most common tactic is the lowball settlement offer — made quickly, before you've finished treatment, designed to close your case cheaply while your bills are still piling up. Once you accept, you cannot go back for more money, even if your condition worsens. Accepting a first offer without legal counsel is one of the most expensive mistakes injury victims make.

Having an experienced personal injury attorney levels the playing field. We handle all communication with insurers, counter their tactics with evidence, and negotiate from a position of strength backed by thorough case preparation and courtroom credibility.

What Your Personal Injury Case Is Worth

Every personal injury case is unique, but the compensation you can recover generally falls into three categories: economic damages, non-economic damages, and in rare cases, punitive damages.

Economic damages are the tangible, calculable losses you've suffered: medical bills (emergency room, surgery, rehabilitation, future care), lost wages from time missed at work, reduced earning capacity if your injuries limit your ability to work in the future, and out-of-pocket expenses like transportation to medical appointments and home modifications for disability.

Non-economic damages compensate for losses that don't come with a receipt: pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (the impact on your relationship with your spouse), and disfigurement or scarring. In New York, pain and suffering damages are often the largest component of a personal injury award — sometimes exceeding economic damages by multiples.

Punitive damages are available in cases involving extreme recklessness, gross negligence, or intentional misconduct. While rare, they serve to punish the defendant and deter similar behavior.

Factors that affect your case value include: the severity and permanence of your injuries, the length of your recovery, available insurance coverage limits, the strength of liability evidence, and your percentage of comparative fault. During a free consultation, we evaluate these factors and give you a realistic assessment of what your case may be worth based on outcomes in Nassau and Suffolk County courts.

How We Handle Your Personal Injury Claim

We follow a proven, methodical process designed to build the strongest possible case and pursue maximum compensation at every stage.

1

Free Consultation

We review the facts of your accident, assess your injuries, and explain your legal options. There is no obligation and no cost. If we take your case, you pay nothing unless we win.

2

Investigation

We gather all evidence — police reports, accident scene photos, surveillance footage, witness statements, and electronic data — before it disappears. Time-sensitive evidence is secured within the first 48 hours.

3

Medical Documentation

We coordinate with your doctors to document the full extent of your injuries, ensure continuous treatment records, and close gaps that insurers exploit to argue injuries are pre-existing or exaggerated.

4

Demand Letter

We prepare a comprehensive demand package — medical records, bills, lost wage documentation, expert opinions, and a detailed legal argument — and present it to the insurance company with a specific settlement demand.

5

Negotiation

We fight for maximum compensation through aggressive negotiation, rejecting lowball offers and backing our demands with evidence that demonstrates the full value of your claim.

6

File Lawsuit

If the insurer refuses to pay fair value, we file suit in Nassau or Suffolk County Supreme Court. Filing a lawsuit signals that we are prepared to try the case — which often moves settlement numbers significantly.

7

Discovery & Depositions

Pre-trial preparation includes document exchanges, interrogatories, depositions of all parties and witnesses, and retention of expert witnesses — accident reconstruction, medical specialists, and economists — to strengthen your case.

8

Trial or Settlement

Most cases resolve through negotiated settlement, but we prepare every case as though it's going to a jury. That level of preparation is what pushes insurers to make fair offers. If trial is necessary, Jason Tenenbaum is the attorney standing before the judge and jury. We also help clients prepare with guidance on courtroom attire and how to address the judge.

Why Long Island Cases Are Different

Personal injury cases on Long Island present unique challenges that require local expertise. The legal landscape here is distinct from New York City or upstate New York in ways that directly affect your case outcome.

Nassau County Supreme Court and Suffolk County Supreme Court have different procedural rules, different judicial temperaments, and different settlement cultures. Knowing which judge is assigned to your case — and how that judge handles motions, discovery disputes, and trial scheduling — is an advantage that only comes from years of practice in these specific courtrooms.

Long Island's heavy traffic corridors — the Long Island Expressway, Southern State Parkway, Northern State Parkway, Sunrise Highway, and Hempstead Turnpike — create unique accident patterns. High-speed highway crashes, rush-hour rear-end collisions, and commercial truck accidents on these routes require specific investigative approaches including accident reconstruction, traffic pattern analysis, and road design evaluation.

New York's no-fault insurance system adds another layer of complexity. Coordinating PIP benefits with third-party liability claims, navigating the serious injury threshold, and handling disputes with your own insurer all require an attorney who understands the interplay between these systems. Our firm handles both sides — no-fault claims and personal injury lawsuits — giving our clients a comprehensive approach that most firms cannot offer.

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New York Personal Injury Law Overview

New York personal injury law is built on the legal doctrine of negligence — the principle that every person and entity owes a duty of reasonable care to others. A breach of that duty resulting in harm gives rise to civil liability. Understanding these rules is critical, because New York imposes procedural requirements and legal thresholds that do not exist in most other jurisdictions.

The negligence framework requires the injured party to prove four elements: duty, breach, causation, and damages. Duty is typically straightforward — drivers owe a duty of care to everyone sharing the road, property owners owe a duty to maintain safe premises, and healthcare providers owe a duty to treat patients according to accepted medical standards. Breach occurs when the defendant fails to meet that standard — running a red light, leaving a wet floor unmarked, or misdiagnosing a patient.

Causation demands proof that the defendant's breach was both the actual cause and the proximate cause of the plaintiff's injuries. This is often the most fiercely contested element. Insurance companies routinely hire medical experts to argue that injuries were pre-existing, degenerative, or caused by something other than the accident.

Overcoming these arguments requires comprehensive medical documentation, objective diagnostic testing, and expert testimony connecting negligence directly to the harm suffered. Damages encompass all economic and non-economic losses — medical bills, lost income, pain and suffering, emotional distress, and diminished quality of life.

One of the most plaintiff-favorable features of New York law is pure comparative negligence, codified in CPLR Section 1411. Under this rule, an injured person can recover damages even if they bear the majority of fault. If a jury finds you were 60% responsible and the defendant was 40% responsible, you still recover 40% of your total damages. Many states bar recovery at 50% or 51% fault, but New York allows recovery at any percentage.

This is critically important on Long Island, where insurance carriers aggressively assign blame to reduce payouts. A jaywalking pedestrian struck by a speeding driver, a cyclist who failed to signal, or a driver slightly exceeding the speed limit — all retain the right to compensation. Our firm minimizes the fault attributed to our clients through thorough investigation, accident reconstruction, witness testimony, and traffic camera footage.

For motor vehicle accidents, New York's no-fault insurance system adds a significant procedural hurdle. The injured party's own insurer covers medical expenses and lost wages through PIP benefits, regardless of fault. However, to pursue pain and suffering damages, the plaintiff must demonstrate that their injuries meet the "serious injury" threshold under Insurance Law Section 5102(d).

This threshold defines nine categories of qualifying injury: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential limitation, significant limitation of use, or a medically determined injury preventing substantially all daily activities for at least 90 of the first 180 days after the accident.

Insurance companies contest this threshold in virtually every case, hiring their own medical examiners to produce reports concluding injuries do not qualify. Our firm has defeated these tactics in hundreds of cases by working with treating physicians to ensure documentation includes objective range-of-motion measurements, MRI findings, and detailed narratives tying impairments to the statutory categories.

Strict statutes of limitations govern every personal injury claim in New York, and missing the deadline permanently extinguishes the right to sue. For most personal injury cases — including car accidents, slip-and-fall injuries, and product liability claims — the statute of limitations is three years from the date of injury under CPLR Section 214. Medical malpractice claims carry a shorter two-and-a-half-year deadline under CPLR Section 214-a, measured from the date of the malpractice or from the end of continuous treatment by the same provider. Wrongful death actions must be commenced within two years of the date of death under EPTL Section 5-4.1.

Claims against government entities — including Nassau County, Suffolk County, the Town of Hempstead, the MTA, the LIRR, school districts, and other municipal bodies — require a Notice of Claim filed within just 90 days of the incident under General Municipal Law Section 50-e, followed by a lawsuit within one year and 90 days. These government-entity deadlines are among the shortest and most unforgiving in New York civil practice, and failing to file a timely Notice of Claim is the single most common reason otherwise meritorious claims against government defendants are dismissed.

With more than 24 years of dedicated personal injury practice across Long Island, the Law Office of Jason Tenenbaum brings a depth of legal scholarship that most firms cannot match. Jason does not delegate trial work to junior associates or outsource appellate briefs — he tries his own cases and writes his own appeals.

That continuity means the attorney who built your case from day one is the same one arguing your motion, cross-examining the defense expert, and standing before the jury at trial. Our track record of more than $100 million in recoveries for injured clients reflects the tangible results of that approach.

How Personal Injury Cases Work in Nassau and Suffolk Counties

Understanding the litigation process from start to finish gives injured claimants realistic expectations about timelines, procedural requirements, and the strategic decisions that shape case outcomes. Personal injury cases in Nassau and Suffolk Counties follow a defined path through the New York State court system, and each stage presents opportunities to build — or lose — leverage against the insurance company and defense counsel.

The process begins with an initial consultation. Our attorneys review the facts, assess your injuries, identify all liable parties, and evaluate available insurance coverage. If the case has merit, we take it on a contingency fee basis — you pay nothing unless we recover compensation.

From there, we immediately begin evidence preservation: securing police reports, photographing the accident scene, obtaining surveillance footage, and interviewing witnesses. We coordinate with your medical providers to ensure proper documentation. We then submit a comprehensive demand package supported by medical records, billing statements, lost wage documentation, and expert opinions.

When insurance companies refuse to offer fair value — which happens in the majority of cases — we file suit. Personal injury lawsuits on Long Island are filed in Nassau County Supreme Court in Mineola or Suffolk County Supreme Court in Riverhead. After filing, the case enters the discovery phase, during which both sides exchange documents, submit interrogatories, and conduct depositions.

The insurer will almost certainly require you to attend an Independent Medical Examination. A doctor selected and paid by the insurance company evaluates your injuries — often in a cursory exam lasting fifteen minutes or less, designed to minimize your condition. Our firm prepares clients thoroughly for IMEs and retains our own medical experts to counter unfavorable findings.

Throughout litigation, multiple rounds of settlement negotiations occur — at conferences before the assigned judge, through formal mediation, and in direct discussions between counsel. Many cases resolve during this phase, particularly when the defense recognizes our trial preparation is thorough.

For cases that do not settle, we proceed to trial. Jason Tenenbaum personally tries every case. Jurors respond to attorneys who know the facts intimately, who can cross-examine without reading from a script, and who present a coherent, compelling narrative.

What truly distinguishes our firm is Jason Tenenbaum's dual expertise in trial work and appellate advocacy. If an unfavorable ruling occurs — a motion to dismiss, a summary judgment decision, an evidentiary ruling, or an inadequate verdict — Jason writes and argues the appeal himself before the Appellate Division, Second Department.

Most firms hire outside appellate counsel who must learn the case from scratch. Our clients benefit from seamless continuity: the attorney who developed the trial strategy is the same one identifying appellate issues and presenting oral argument. This integrated approach has produced landmark reversals that recovered millions for clients whose cases other firms had given up on.

What Sets Our Personal Injury Practice Apart

Choosing a personal injury attorney on Long Island is one of the most consequential decisions you will make after an accident. The legal profession is filled with firms that advertise aggressively but quietly settle cases for pennies on the dollar because they lack the skill, infrastructure, or willingness to take a case to trial. The Law Office of Jason Tenenbaum operates differently — and the distinctions matter to every client we represent.

The most significant differentiator is that Jason Tenenbaum tries his own cases and writes his own appeals. This is rarer than most people realize. At many firms, the attorney who signs your retainer is not the one who appears in court. Trial work is delegated to junior associates, and appeals are outsourced to specialists who have never met the client.

Our firm rejects that fragmented model. Jason handles every phase — from investigation through demand negotiations, motion practice, trial, and appeal before the Appellate Division. That continuity produces better outcomes because the attorney arguing your case knows every fact, document, and strategic decision from day one.

Our firm's intellectual foundation is equally distinctive. Jason Tenenbaum has authored more than 2,353 published legal articles analyzing New York tort law, insurance regulation, no-fault case law, and civil procedure. This body of work reflects a constantly updated understanding of how appellate courts interpret the statutes and evidentiary standards that govern your case.

Geographic reach provides another critical advantage. Jason Tenenbaum is admitted to practice in seven states and multiple federal courts, giving our firm a cross-jurisdictional perspective most Long Island practices do not possess. Personal injury cases frequently involve parties or incidents that cross state lines. Understanding how different jurisdictions handle identical issues allows us to choose the forum and legal theories most favorable to our clients.

We also maintain direct relationships with Long Island medical providers who treat accident victims on a lien basis. Our clients receive care immediately — orthopedic evaluation, MRI imaging, physical therapy, pain management, and surgical consultation — without paying a dollar out of pocket. The provider's lien is satisfied from settlement or verdict proceeds.

Gaps in medical treatment are one of the most damaging weaknesses in a personal injury case. Insurance companies exploit them to argue injuries are not serious. By connecting clients with qualified providers from the outset, we build a continuous, well-documented treatment record that supports every element of the damages claim.

Our approach to case evaluation reflects the same commitment to honesty. We assess every factor affecting your case value — injury severity, liability evidence, insurance coverage, comparative fault exposure, and realistic outcomes in Nassau or Suffolk County courts. We do not inflate expectations to sign a retainer.

When we take your case, it is because we are confident we can deliver a meaningful result. We back that confidence with the contingency fee model — you pay absolutely nothing unless we recover compensation for you. Access to justice should never depend on the size of your bank account.

Understanding the Personal Injury Claims Process on Long Island

Pursuing a personal injury claim on Long Island is a multi-stage process that can span months or years. The timeline depends on the complexity of your injuries, the strength of liability evidence, and the willingness of the insurance company to negotiate in good faith. Understanding each stage helps you make informed decisions alongside your attorney.

The process begins with an initial consultation and case evaluation. During this meeting, our attorneys review your accident and assess whether you have a viable claim. Bring medical records, the police report, your insurance information, any insurer correspondence, accident scene photographs, and documentation of lost wages.

We evaluate the facts against duty, breach, causation, and damages, and give you a candid assessment of your case's strengths and weaknesses. If we believe we can achieve a meaningful result, we take the case on contingency with no upfront cost.

Once retained, we move immediately into a thorough investigation phase. Time-sensitive evidence must be secured before it disappears. We obtain the official police report and interview witnesses while their memories are fresh. For motor vehicle accidents, we may retain an accident reconstruction expert to analyze vehicle speeds, impact angles, and collision physics.

In medical malpractice cases, we consult with physicians to evaluate whether the standard of care was breached. In premises liability cases, we document the hazardous condition and research the property owner's maintenance history. The goal is to build a factual foundation supporting every element of your claim before a single demand letter is sent.

With the investigation complete, we proceed to insurance claim filing and the demand phase. For motor vehicle cases, this involves coordinating with both the no-fault carrier and the at-fault party's liability insurer. We prepare a comprehensive demand package including medical records, lost wage documentation, expert reports, and a legal memorandum calculating total damages.

We set a specific dollar figure based on comparable jury verdicts in Nassau and Suffolk County and the available policy limits. If the at-fault party carries only minimum coverage ($25,000/$50,000), recovery from that source is capped regardless of injury severity. In those situations, we explore additional avenues — uninsured or underinsured motorist coverage, umbrella policies, and third-party liability claims.

After the demand is submitted, the case enters the negotiation stage. The adjuster reviews our package, often retains their own medical expert, and responds with an initial offer far below the case's value. This is where experienced representation makes the greatest difference. Adjusters evaluate cases based on formulas, but they also evaluate the attorney on the other side.

An adjuster who knows your lawyer has trial experience and the willingness to reject bad offers will negotiate differently. We engage in multiple rounds of counter-offers, supported by supplemental evidence, to push the settlement toward full value. The majority of cases resolve during this phase — but only when the insurance company knows the alternative is a courtroom.

When negotiations fail, we file a lawsuit in the appropriate court. Filing triggers the formal discovery process: document exchanges, written interrogatories, and depositions under oath. The insurer will require you to attend an Independent Medical Examination conducted by their chosen doctor — we prepare clients thoroughly for this process.

Discovery also involves expert witnesses on both sides — medical specialists, economists, vocational rehabilitation experts, and accident reconstruction professionals. Discovery in Nassau and Suffolk County typically takes 12 to 18 months, though complex cases can take longer.

Trial preparation and trial represent the final stage. In the weeks before trial, we prepare exhibits, finalize witness lists, submit motions in limine, and conduct intensive preparation sessions with clients. Understanding the attitudes of Long Island jurors comes only from years of trying cases in these courtrooms.

At trial, we present medical evidence through treating physicians and retained experts, establish liability through fact witnesses and forensic evidence, and deliver opening and closing arguments designed to communicate the full impact of your injuries. Jason Tenenbaum personally handles every trial.

If the trial produces an unfavorable outcome — whether through an adverse ruling on a dispositive motion, an evidentiary decision that prejudices the case, or an inadequate jury verdict — our firm has the appellate expertise to challenge that result. Jason Tenenbaum writes his own appellate briefs and argues before the Appellate Division, Second Department, which has jurisdiction over all of Nassau County, Suffolk County, Brooklyn, Queens, and Staten Island. This is a rare and critically important capability.

Most personal injury firms outsource appeals to separate appellate counsel who must learn the case from scratch, review a cold record, and interpret strategic decisions they played no role in making. Because Jason handled every phase of the case from intake through trial, he can identify appellate issues with precision, craft arguments grounded in firsthand knowledge of the trial record, and present them to the appellate panel with the authority of the attorney who was actually in the courtroom. That continuity from trial through appeal has produced reversals and new trials in cases that other firms had written off as losses.

Related practice areas: Car Accident LawyerMedical MalpracticeWrongful DeathSlip & Fall

Common Questions

Personal Injury FAQ

How long do I have to file a personal injury claim in New York?
In New York, the statute of limitations for most personal injury claims is three years from the date of the accident under CPLR Section 214. However, claims against government entities — including Nassau County, Suffolk County, the MTA, and school districts — require a notice of claim filed within 90 days under General Municipal Law Section 50-e. Medical malpractice claims have a shorter 2.5-year deadline under CPLR Section 214-a. Missing any of these deadlines can permanently bar your right to compensation, which is why consulting a Long Island personal injury attorney immediately after your accident is critical.
How much does it cost to hire a Long Island personal injury attorney?
The Law Office of Jason Tenenbaum handles all personal injury cases on a contingency fee basis. You pay absolutely nothing upfront — no retainer, no hourly charges, and no out-of-pocket expenses. Our firm advances all costs related to your case, including court filing fees, expert witness fees, and medical record retrieval. Our fee is a percentage of the compensation we recover for you. If we don't win your case, you owe us nothing. This arrangement ensures every injured person on Long Island can access experienced legal representation regardless of their financial situation.
What is the 'serious injury' threshold in New York?
Under New York Insurance Law Section 5102(d), you must meet one of nine categories of 'serious injury' to sue for pain and suffering after a motor vehicle accident: significant disfigurement, bone fracture, permanent loss of use of a body organ or member, permanent consequential limitation of a body organ or member, significant limitation of use of a body function or system, a medically determined injury that prevents you from performing substantially all of your daily activities for 90 of the first 180 days following the accident, dismemberment, loss of a fetus, or death. Insurance companies aggressively contest this threshold. Our attorneys gather the medical evidence needed to prove your injuries qualify.
What damages can I recover in a Long Island personal injury case?
You may be entitled to economic damages including medical expenses (past, present, and future), lost wages, reduced earning capacity, rehabilitation costs, and out-of-pocket expenses. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium for your spouse. In cases involving extreme recklessness or intentional misconduct, punitive damages may also be available to punish the wrongdoer. Our attorneys document every category of loss to pursue the full value of your claim.
How is pain and suffering calculated in New York?
New York courts and insurance companies typically use two methods: the multiplier method (multiplying your total economic damages by a factor of 1.5 to 5 based on injury severity) and the per diem method (assigning a daily dollar value to your suffering for the duration of your recovery). Factors that increase your pain and suffering value include the severity of your injuries, whether you required surgery, the length of your recovery, permanent impairment or scarring, impact on daily activities, and your age. Our attorneys build comprehensive evidence packages — medical records, expert testimony, day-in-the-life documentation — to maximize this component of your recovery.
Should I accept the insurance company's first settlement offer?
Almost never. Insurance adjusters are trained to close claims quickly and cheaply. The first offer is typically a fraction of your case's true value — often made before you've finished treatment or understand the full extent of your injuries. Accepting a settlement is final; you cannot go back for more money if your condition worsens. An experienced Long Island personal injury attorney can evaluate the real value of your claim, counter lowball offers, and negotiate from a position of strength backed by evidence and legal expertise.
What should I do immediately after an accident on Long Island?
First, seek medical attention — even if you feel fine, many injuries have delayed symptoms. Call 911 to ensure a police report is filed. Document the scene by photographing vehicle damage, road conditions, traffic signs, and any visible injuries. Collect contact information from witnesses. Do not give recorded statements to the other driver's insurance company without first consulting an attorney. File a no-fault application with your own insurer within 30 days. Preserve all evidence — do not repair your vehicle or discard damaged property. Then contact a Long Island personal injury lawyer to protect your rights.
Can I still recover damages if I was partially at fault?
Yes. New York follows a pure comparative negligence rule under CPLR Section 1411. You can recover damages even if you were 99% at fault — your award is simply reduced by your percentage of responsibility. For example, if you are found 30% at fault and your total damages are $500,000, you would recover $350,000. Insurance companies routinely try to inflate your share of blame to reduce their payout. An experienced attorney gathers evidence — witness statements, traffic camera footage, accident reconstruction — to minimize your assigned fault percentage.
What evidence do I need to support my personal injury case?
Strong personal injury cases are built on multiple types of evidence: medical records documenting your injuries and treatment, photographs of the accident scene and your injuries, the police accident report, witness statements, surveillance or dashcam footage, expert testimony (accident reconstruction, medical experts, economists for future damages), employment records showing lost wages, and receipts for all out-of-pocket expenses. Our firm handles evidence collection and preservation so you can focus on your recovery.
How long does a personal injury case typically take?
Straightforward cases with clear liability and moderate injuries may settle within 6 to 12 months. Complex cases involving disputed fault, severe injuries requiring extended treatment, or government entities can take 2 to 4 years to resolve. If a case goes to trial in Nassau or Suffolk County Supreme Court, the timeline depends on the court's calendar. We prepare every case as if it will go to trial while pursuing settlement negotiations in parallel. Our goal is to resolve your case as quickly as possible without sacrificing the compensation you deserve.
Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

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