New York Personal Injury Law

New York Personal Injury Law

Every state has different laws regarding personal injury cases, and New York is no different. Knowing the specific rules of the state in which you were injured can mean the difference between you getting fair compensation and nothing.

New York Statue Limits

As in all states, you must file a personal injury lawsuit within a certain time period in New York. New York law allows a three-year statute of limitations for almost all personal injury cases. If you do not file within three years of the date of the initial injury, you will not be allowed to file.

The rule is different for medical malpractice cases. In these cases, the date of discovery of the injury is important, not necessarily the date of injury. The sanctioned period is also slightly different. You currently have 30 months to file a medical malpractice claim in New York – but keep in mind that this is 30 months from the discovery of the injury, not the actual date of the injury.

New York Auto Insurance Law

New York does not determine fault in auto accidents, which can limit your ability to recover from your injuries. In no-fault situations, each driver seeks compensation from his or her own insurance for injuries or property damage, regardless of who was responsible for the accident. To be allowed to seek compensation from the at-fault driver (through a personal injury lawsuit), you must meet the “serious injury” threshold.

A “serious injury” in New York means significant disfigurement, broken bones, permanent disability of a limb or joint, significant disability of a body structure or function, or an injury that effectively incapacitates you for at least 90 days. does

How to Find the Best Personal Injury Attorney in New York City

There are many types of personal injury lawyers. When you’re looking for a personal injury attorney in NYC, you want to make sure you choose an attorney who has experience with your type of accident. You need a lawyer who is professional, affordable and respectable.

Most personal injury attorneys offer free consultations. Here is a list of questions to ask yourself to find the best personal injury attorney for your needs:

What kind of experience do they have?

Before you proceed with the consultation, ask the attorney about your personal injury experience. If you have been involved in a car accident, you need a lawyer who specializes in car accidents. If you’ve been injured on the job, find an attorney experienced in workers’ compensation claims and labor law. If you have been injured due to a product defect, you need an attorney experienced in product liability cases.

Finding someone with personal injury experience means they know what to do with your case. They can handle legal restrictions, medical admissions and insurance coverage on your behalf.

How do they interact with customers?

If you’ve been injured in an accident, you may feel alone, hopeless, and confused. Good communication helps you feel like the process is working and that you have a team on your side. Talk to a lawyer about their contact process. Because personal injury cases take a long time, find an attorney who maintains a regular communication schedule. Of course, you need an attorney who will contact you promptly to review and settle your timely notices.

How expensive are they?

Personal injury attorneys typically work on a contingency basis rather than charging an hourly fee. This means they get a percentage of your settlement or judgment, and if you don’t get a dime, they get nothing. As for their fees, look for one that falls under the general category of contingency fees. New York personal injury lawyers typically charge between 33% and 40%. For an experienced attorney, a higher contingency fee may be appropriate because they typically negotiate higher settlements.

What percentage of their business comes from attorney referrals?

This is not an obvious question, but an important one. Want a lawyer respected by peers. Being referred by other attorneys who want to build their reputation on how well a personal injury attorney works is unprofessional


Counsel took into account a number of important factors to identify the top personal injury attorneys in New York City. The mathematical component of Forbes Advisor takes into account and balances the data gathered to create particular ratings and examines these outcomes to identify the top lawyers in a particular practice area.

In the model, we consider factors that value the qualifications of legal professionals and consumer advocates. After assigning weighted scores to hundreds of data points, we narrowed the field to our top picks based on the following:

Legal experience

Special license and certification

Measures of Ethics and Bar Discipline

Legal thought leadership

Education and employment background

Scholarly lectures and articles

Awards and honors

Several public data sources, such as state bar associations, court records, and other online publications are compiled by  Consulting. However, this information should not be considered comprehensive. It may not include additional relevant information on the lawyer’s legal expertise and experience.Each lawyer listed here has its own qualifications. Note that our list deals with the legal background of these lawyers, but does not evaluate their personality or their knowledge of the law. One attorney may be better suited than another for your particular legal situation.

However, one thing that cannot be quantified is the relationship you establish with your attorney. Personality is very important when negotiating with a lawyer, especially when going through a potentially difficult legal situation. This ranking will serve as a reference and possible starting point for finding the right attorney for you and your legal concerns.