New York Personal Injury Attorneys

At DearLegal, we connect you with experienced New York personal injury attorneys who understand pure comparative fault under CPLR § 1411, the strict 90-day notice rules under General Municipal Law § 50-e, no-fault auto under Insurance Law § 5102, and the procedural complexity of New York Supreme Court. Whether your injury happened in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Long Island, or upstate, we’ll match you with the right attorney — at no cost to get started.

Three years from the date of injury under CPLR § 214(5). Medical malpractice is 2 years and 6 months under CPLR § 214-a (with Adult Survivors Act and Lavern’s Law exceptions). Wrongful death is two years from death under EPTL § 5-4.1. Municipal claims require a Notice of Claim within 90 days under Gen. Mun. Law § 50-e.

Under CPLR § 1411, your recovery is reduced by your percentage of fault but there is no bar — even at 99% fault you can recover the remaining 1%. CPLR Article 16 modifies joint and several for non-economic damages.

Under Insurance Law § 5102(d), pain-and-suffering recovery in motor vehicle cases requires meeting one of the statutory categories: death, dismemberment, significant disfigurement, fracture, loss of fetus, permanent loss of use, permanent consequential limitation, significant limitation, or 90/180 (medically determined injury preventing usual activities for 90 of 180 days). Failure to clear the threshold ends the pain-and-suffering claim.

Auto, truck, motorcycle, and rideshare crashes (with no-fault and the serious-injury threshold); slip-and-falls; construction site falls (Labor Law §§ 200, 240, 241(6)); dog bites; defective products; medical malpractice; nursing home neglect; premises liability; negligent security; MTA / subway / bus incidents; and wrongful death.

You look at your own uninsured/underinsured motorist coverage (mandatory in NY), homeowner’s or commercial policies, and any vicarious-liability defendants. SUM coverage is offered with affirmative written rejection under Insurance Law § 3420(f).

Most settle, but the Bronx, Brooklyn, and Queens return some of the largest verdicts in the country. Defense insurers know which firms try cases, and that drives every offer.

You must serve a Notice of Claim within 90 days under Gen. Mun. Law § 50-e (or NY-CPLR or Court of Claims Act for State claims). NYC Transit, MTA, and Port Authority each have their own claim procedures. These are unforgiving and technical.

New York personal injury fees follow Judiciary Law § 474-a and 22 NYCRR § 691.20: a sliding scale (33⅓% on the first $250,000; reduced percentages above). Medical malpractice fees follow a different sliding scale under Judiciary Law § 474-a. Case expenses are typically advanced by the firm and deducted from the final recovery.

Why Do You Need a Personal Injury Attorney in New York?

New York applies pure comparative fault under CPLR § 1411 — you can recover even when mostly at fault. The standard PI SOL is three years under CPLR § 214(5). New York is a no-fault auto state — tort recovery for pain and suffering requires meeting the serious-injury threshold under Insurance Law § 5102(d). Claims against the City of New York, the State, and other public entities require a Notice of Claim within 90 days under General Municipal Law § 50-e (or Court of Claims Act § 10 for the State) — one of the strictest deadlines in the country. New York City’s Bronx, Brooklyn, Queens, and Manhattan juries are among the most active PI venues anywhere, and local counsel familiar with the courts and the major insurers is essential.

When Do You Need a Personal Injury Attorney in New York?

Our network includes New York personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in New York

From the moment you connect with a New York personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Missing the 90-day Notice of Claim under Gen. Mun. Law § 50-e

Misapplying the serious-injury threshold under Insurance Law § 5102(d)

Confusing the 3-year general PI SOL with the 2½-year medical malpractice SOL

Failing to invoke Labor Law §§ 240/241(6) protections in construction cases

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Missing the 90-day Notice of Claim under Gen. Mun. Law § 50-e

Misapplying the serious-injury threshold under Insurance Law § 5102(d)

Confusing the 3-year general PI SOL with the 2½-year medical malpractice SOL

Failing to invoke Labor Law §§ 240/241(6) protections in construction cases

Giving a recorded statement to the defendant’s insurer without counsel

Settling before reaching maximum medical improvement and pricing future care

Common New York Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do New York Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Personal injury attorneys in New York work on a contingency fee basis under Judiciary Law § 474-a and 22 NYCRR § 691.20 — sliding scale starting at 33⅓%. Medical malpractice has its own separate sliding scale. Case expenses are typically advanced by the firm and deducted from the final recovery.

What Can Your New York Personal Injury Compensation Include?

Economic Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped under New York law. Structured-judgment rules under CPLR Articles 50-A/50-B apply to large awards.

Non-Economic Damages (No Cap)

Pain and suffering, emotional distress, loss of enjoyment — no statutory cap. Subject to serious-injury threshold in motor vehicle cases.

Punitive Damages (No Statutory Cap)

Available under New York common law for gross, wanton, or willful conduct on a clear-and-convincing showing. No statutory cap, subject to due-process review.

Loss of Consortium / Society

Recoverable by the uninjured spouse for loss of services, society, and companionship.

Wrongful Death (Pecuniary Only)

Recoverable under EPTL § 5-4.1. Damages limited to pecuniary loss under EPTL § 5-4.3 — among the narrowest wrongful death frameworks in the country. Survival action under § 11-3.2 captures pre-death pain and suffering.

Labor Law Damages

New York-specific: construction-site falls protected by Labor Law §§ 240 and 241(6) carry strict liability against owners and general contractors, with substantial multi-million-dollar verdicts in catastrophic cases.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New York Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in New York?

When Do You Need a Personal Injury Attorney in New York?

Types of Personal Injury Cases in New York

Common New York Personal Injury Mistakes

How Much Do New York Personal Injury Attorneys Cost?

What Can Your New York Personal Injury Compensation Include?

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