Frequently Asked Questions

After seeking medical attention, document everything — take photos of the scene, gather witness contact information, and preserve all physical evidence. Contact a personal injury attorney before speaking with insurance companies, as anything you say can be used to reduce your claim. An experienced lawyer can protect your rights from the start, communicate with insurers on your behalf, and help maximize your compensation. In New York, you should also obtain a copy of any police or incident report, as this becomes critical evidence later. The sooner you act, the stronger your case will be, because evidence can deteriorate and witnesses' memories fade over time.

New York personal injury cases typically take 1–3 years from filing to resolution, though some complex cases take even longer. Factors that affect the timeline include the severity and complexity of injuries, the amount of evidence that needs to be gathered, court backlog in Nassau or Suffolk County, and whether the case settles out of court or goes to trial. The discovery phase alone — where both sides exchange documents and take depositions — can take 6–12 months. Cases involving serious injuries, multiple defendants, or disputed liability often extend closer to the 3-year mark. Your attorney will work to resolve the case as efficiently as possible while still ensuring you receive fair compensation for your injuries.

Most personal injury lawyers in New York, including our firm, work on a contingency fee basis — meaning you pay nothing upfront, and legal fees are only collected if we successfully recover compensation for you. The standard contingency fee in New York is typically one-third (33.3%) of the settlement or verdict, though the percentage may vary depending on the complexity of the case and when it resolves. This arrangement ensures that anyone can access quality legal representation regardless of their financial situation. Additionally, our firm covers all case expenses — filing fees, expert witnesses, medical record retrieval, and investigation costs — and only recoups those costs from the final settlement. During your free initial consultation, we will explain the fee structure in detail so there are no surprises.

In New York, you generally have three years from the date of the injury to file a personal injury lawsuit under CPLR Section 214. However, several important exceptions can shorten or extend this deadline. Claims against a city, county, or municipal entity require a Notice of Claim to be filed within just 90 days of the incident, with a lawsuit filed within one year and 90 days. Medical malpractice claims have a two-and-a-half-year statute of limitations. For minors, the clock typically does not start running until they turn 18, giving them until age 21 to file. Missing the statute of limitations almost always means losing your right to sue entirely, which is why consulting an attorney as soon as possible after an injury is critical.

You may have a viable personal injury case if someone else's negligence, recklessness, or intentional conduct caused you harm and you suffered measurable damages as a result. To establish a claim, your attorney must generally prove four elements: the defendant owed you a duty of care, they breached that duty, the breach directly caused your injuries, and you suffered actual damages such as medical expenses, lost wages, or pain and suffering. Even if you are unsure whether your situation qualifies, it costs nothing to find out — our firm offers free case evaluations where we review the facts and give you an honest assessment. Common cases we handle include car accidents, slip-and-fall injuries, workplace incidents, dog bites, medical malpractice, and defective product injuries. The key is to act quickly, because evidence disappears and witnesses' recollections fade over time.

Yes — New York follows a pure comparative negligence rule under CPLR Section 1411, which means you can recover damages even if you were partially or mostly at fault for the accident. Your compensation is simply reduced by your percentage of fault. For example, if you are found 30% responsible and your total damages are $100,000, you would receive $70,000. Unlike some states that bar recovery if you are more than 50% at fault, New York allows you to recover damages even if you are 99% responsible, though your award would be reduced accordingly. Insurance companies often try to assign more blame to the injured party than is warranted, which is why having an attorney who can fight for a fair fault allocation is so important. Our firm regularly handles cases where fault is disputed, and we work with accident reconstruction experts and other specialists to protect our clients' right to full compensation.

Yes — studies consistently show that accident victims represented by attorneys receive significantly higher settlements than those who handle claims alone. An attorney understands New York's no-fault insurance system, the serious injury threshold required to bring a lawsuit, and how to counter the tactics insurance companies use to minimize your payout. Without legal representation, you risk accepting a lowball settlement that does not adequately cover your medical bills, lost wages, and pain and suffering. A personal injury lawyer also handles all paperwork, filing deadlines, and negotiations so you can focus on your recovery. Most car accident attorneys, including our firm, work on a contingency fee basis, meaning you pay nothing unless we win your case.

Do not give recorded statements or sign any documents from an insurance company without first consulting an attorney. Insurance adjusters are professionally trained to minimize payouts, and they may use your own words against you — even casual comments about feeling 'fine' can undermine your claim. Stick to the basic facts when reporting the accident, do not speculate about fault or the full extent of your injuries, and avoid posting about the accident on social media. Let your attorney handle all communications with the insurance company from the start. Remember that the insurance adjuster works for the insurance company's bottom line, not for your best interests.

Look for an attorney who specializes in personal injury law, has a proven trial record, and is deeply familiar with New York's insurance and no-fault laws. Ask about their track record of settlements and verdicts in car accident cases, their fee structure (most reputable firms work on contingency, meaning no fee unless you win), and how they communicate with clients throughout the process. Local experience matters — an attorney who regularly practices in Nassau and Suffolk County courts knows the judges, the opposing counsel, and the local procedural nuances. Schedule a free consultation with at least one or two firms before making a decision, and choose someone who makes you feel heard and confident in their ability to handle your case.

A car accident is any incident involving a motor vehicle that results in property damage, physical injury, or death. Under New York's no-fault insurance system, your own insurance covers medical bills and lost wages up to $50,000 regardless of who caused the accident. However, to sue the other driver for additional damages such as pain and suffering, your injuries must meet the 'serious injury' threshold defined in Insurance Law Section 5102(d). Qualifying serious injuries include fractures, significant disfigurement, permanent loss of a body organ or function, and injuries that substantially limit your daily activities for at least 90 of the 180 days following the accident. Understanding these legal distinctions is essential because they determine whether you can pursue a full injury claim beyond your no-fault benefits.

New York is one of a handful of states with a no-fault auto insurance system, which means that after a car accident, your own insurance company pays for your medical expenses and a portion of your lost wages — regardless of who caused the crash. These benefits, known as Personal Injury Protection (PIP), cover up to $50,000 in medical treatment, lost earnings (80% of your salary up to $2,000 per month), and other reasonable and necessary expenses. You must file your no-fault application within 30 days of the accident, and all medical treatment must be related to the injuries sustained in the collision. No-fault benefits are designed to provide quick financial relief without the need for a lawsuit, but they do not cover pain and suffering. If your injuries meet New York's 'serious injury' threshold, you may also pursue a separate personal injury lawsuit against the at-fault driver for full compensation.

Begin by meticulously documenting all incidents of discrimination, harassment, or wrongful treatment — save emails, text messages, performance reviews, and any written communications that support your claim. Next, file a complaint with the EEOC or the New York Division of Human Rights within the applicable deadlines, which can be as short as 180 days for federal claims. An employment attorney can help you navigate these administrative requirements and build a strong case from the outset. In many situations, you must exhaust these administrative remedies before you can file a lawsuit in court. Consulting a lawyer early ensures you do not miss critical deadlines or inadvertently harm your case.

Employment lawsuits in New York typically take 1–2 years from start to finish, though complex class-action or multi-plaintiff cases can take significantly longer. The timeline depends on whether you must first exhaust administrative remedies such as EEOC complaints, the scope of discovery involving employer records, and whether the case settles before trial. Many employers prefer to settle rather than risk a jury trial, which can sometimes shorten the process. However, if the employer contests the claims aggressively, the case may proceed through depositions, motions for summary judgment, and ultimately a trial. Your attorney will keep you informed of realistic expectations based on the specific facts of your situation.

The process starts by exhausting internal remedies — follow your company's complaint procedures and document every step. Then file an administrative charge with the EEOC or the appropriate state agency, such as the New York Division of Human Rights. After the agency investigates and issues a right-to-sue letter, your attorney can file a lawsuit in federal or state court. Strict deadlines apply at every stage: you generally have 300 days to file an EEOC charge for claims under federal anti-discrimination laws in New York, and three years for claims under the New York State Human Rights Law. An experienced employment lawyer will ensure no critical deadline is missed and that your case is presented as effectively as possible.

Missing a court appearance can have serious consequences: a default judgment may be entered against you, a bench warrant could be issued for your arrest in criminal cases, or your lawsuit may be dismissed entirely. If you know you cannot attend a scheduled court date, contact your attorney immediately — courts may grant adjournments for legitimate reasons such as medical emergencies or scheduling conflicts, but only if you act promptly and follow proper procedures. In civil cases, a default judgment means the other side automatically wins, and you could owe damages without ever having your side heard. Even in family court or small claims court, failure to appear can result in unfavorable orders. The best practice is to treat every court date as mandatory and plan your schedule accordingly.

Dress professionally and conservatively — your appearance directly affects how judges and jurors perceive your credibility. Men should wear a suit or dress slacks with a collared button-down shirt and a tie; women should wear a suit, professional dress, or a blouse with dress pants or a knee-length skirt. Avoid flashy jewelry, casual clothing like jeans or sneakers, strong fragrances, and anything that could distract from your testimony. Dark, neutral colors such as navy, black, and gray project seriousness and respect for the court. Your attorney can offer specific guidance based on the type of proceeding and the judge assigned to your case.

Address the judge as 'Your Honor' or 'Judge' — never by their first name or 'sir' or 'ma'am.' Stand when speaking, when the judge enters or leaves the courtroom, and whenever addressing the bench. Be honest, concise, and respectful in all your responses; answer only the specific question asked, and use plain language rather than legal jargon. Do not interrupt the judge or opposing counsel, and never argue with a ruling — your attorney can address disagreements through proper legal channels. If you do not understand a question, politely ask for clarification rather than guessing. These courtroom etiquette practices demonstrate respect for the judicial process and can positively influence how your case is perceived.