10 Mistakes to Avoid When Hiring a Personal Injury Lawyer in New York
The most common mistakes when hiring a personal injury lawyer are waiting too long, signing a fee agreement you don’t understand, and choosing a lawyer who doesn’t focus on injury cases.
In New York, a few state-specific rules make the choice even more important.
| Mistake | What to Do Instead |
|---|---|
| Hiring a lawyer who doesn’t focus on injury law | Choose a lawyer who handles personal injury cases every day. |
| Signing with a lawyer who approached you in person | Be cautious. New York generally bars lawyers from soliciting clients in person or by unexpected calls. |
| Waiting too long | Call a lawyer early. Claims against the City have a 90-day deadline. |
| Not understanding the fee agreement | Get it in writing, and ask how case expenses are handled. |
| Trusting a guaranteed result | Look for an honest case evaluation, not a promise. |
| Hiring a lawyer who never goes to trial | Ask whether the firm is prepared to take your case to court. |
| Not knowing who will handle your case | Get the name of the attorney who will work on your case day to day. |
| Ignoring communication | Ask how often you’ll get updates and who you’ll hear from. |
| Skipping reviews and results | Check Google reviews, peer recognition, and documented case results. |
| Hiring a lawyer who doesn’t know New York’s rules | Choose a lawyer who knows no-fault, the serious injury threshold, and local courts. |
The 10 Most Common Mistakes When Hiring a Personal Injury Lawyer
Here are the 10 mistakes to avoid and what to do instead.
1. Hiring a Lawyer Who Doesn’t Focus on Personal Injury
A lawyer who takes on divorces, real estate closings, and injury claims at the same time usually doesn’t have deep experience in any one area.
Just like you wouldn’t go to a general doctor for knee surgery, you shouldn’t hire a general practice lawyer for a serious injury case.
Personal injury law comes with its own rules, deadlines, and insurance strategies. Be sure to ask how much of the lawyer’s work is focused on personal injury and how many cases like yours they have handled.
2. Signing With a Lawyer Who Contacted You Right After the Accident
According to Rule 7.3 of the New York Rules of Professional Conduct, which was updated on June 1, 2026, lawyers usually cannot approach new clients in person or by phone unless they already know them.
They also cannot solicit you if it involves coercion, duress, harassment, or if you have asked not to be contacted.
If a lawyer or a “runner” comes to you at the hospital or calls you right after a crash, see it as a warning sign. A firm that breaks the rules to sign you might not follow the rules in your case.
The best lawyers are the ones you choose, not the ones who chase after you.
3. Waiting Too Long to Hire a Lawyer
A lot of people wait to call a lawyer until after the insurance company makes a low offer.
By that time, key evidence such as surveillance footage might be lost, and important deadlines could have passed. In New York:
- Most personal injury lawsuits must be filed within 3 years.
- Claims against the City of New York require a Notice of Claim within 90 days.
- Your no-fault insurance application is due within 30 days of a car accident.
If you hire a lawyer early, you protect all these deadlines and give your attorney enough time to gather and save important evidence.
4. Not Understanding the Fee Agreement
Most personal injury lawyers in New York work on a contingency fee. This means you only pay attorney’s fees if you win compensation.
For most accident cases, the usual fee is one-third of the net recovery. Medical malpractice fees use a sliding scale set by state law.
In New York, lawyers must file a retainer statement with the Office of Court Administration when they take on a new accident case. This document records the fee terms. Before you sign anything, ask:
- What percentage is the fee, and is it calculated before or after case expenses?
- Who pays for expert witnesses and court filing fees if the case doesn’t succeed?
- Will I receive a copy of the signed agreement?
Watch out for lawyers offering “discount” fees. A lower percentage does not help if the lawyer does not have the resources to build a strong case for you.
5. Choosing a Lawyer Who Promises a Specific Result
An honest lawyer will not guarantee a settlement amount at your first meeting. The outcome depends on the evidence, your injuries, the available insurance, and how the other side responds.
If a lawyer promises a large amount right away, they are trying to sell you, not give a real evaluation.
A good lawyer will talk to you about the strengths and weaknesses of your case, share what similar cases have settled for, and explain what factors could affect your outcome.
6. Hiring a Lawyer Who Never Goes to Trial
Most personal injury cases settle, but insurance companies know which firms are prepared to go to court. A lawyer who always settles gives the insurer less reason to make a fair offer.
Ask the firm how many cases it has taken to trial and if it is ready to file a lawsuit if talks break down.
At Greenstein & Pittari, LLP, we prepare every case as if it will go to a jury. This preparation helps us get fair settlements.
7. Not Knowing Who Will Actually Handle Your Case
At some large firms, you might meet a senior attorney at your first meeting, but then rarely talk to a lawyer again. Most of your case could be handled by case managers instead.
Ask for the name of the attorney who will work on your case day to day.
If you’re weighing a large firm against a smaller one, our guide to Big Law vs. Small Law explains the trade-offs.
8. Ignoring How the Lawyer Communicates
Personal injury cases can last for months or even years. If a lawyer does not return your calls during the consultation, they probably will not become more responsive after you hire them.
Ask how often you will get updates, how fast your calls will be returned, and if you can reach your lawyer directly.
9. Skipping the Research on Reviews and Results
A law firm’s ads show you what they want you to believe, but their track record shows what they have really done. Before you hire a lawyer, check:
- Google reviews, especially recent ones that describe communication and results
- Peer recognition, such as Super Lawyers or Rising Stars selections
- Documented case results for cases similar to yours
For example, Greenstein & Pittari secured a $3,000,000 settlement for a passenger hurt by a roadway defect on the Grand Central Parkway. Managing Partner Robert J. Greenstein has been named to Super Lawyers every year since 2020.
Prior results do not guarantee a similar outcome. You can read our client reviews on our website.
10. Hiring a Lawyer Who Doesn’t Know New York’s Rules
New York injury law has some rules that are not found in most other states. After a car accident, your no-fault insurance covers your first $50,000 in medical bills and lost wages.
You can only sue for pain and suffering if your injury meets the serious injury threshold under Insurance Law § 5102(d).
Claims against the City, the MTA, and other public agencies have special procedures. A lawyer who does not handle these cases often might miss a deadline or undervalue your claim.
Questions to Ask Before You Hire a Personal Injury Lawyer
Bring these questions to your free consultation. A good lawyer will answer every one clearly.
- What percentage of your practice is personal injury?
- Who will handle my case day-to-day?
- What is your fee, and how are case expenses handled?
- Have you handled cases like mine, and what were the results?
- Are you prepared to go to trial if the insurer won’t offer a fair settlement?
- Which deadlines apply to my case?
- How often will I get updates?
Avoid These Mistakes With the Right New York Personal Injury Lawyer
To avoid these mistakes when hiring a personal injury lawyer, make sure to ask the right questions before you sign.
At Greenstein & Pittari, LLP, we say, “Don’t be a victim twice!” After an accident, you deserve a lawyer who meets deadlines, explains fees clearly, and keeps in touch.
Feel free to ask us any of these questions during your free consultation. Call 1-800-VICTIM2 (842-8462) or reach out to us online.
You can also visit our NYC personal injury lawyer page to see how we help injured New Yorkers.
Frequently Asked Questions
Answers to the questions New Yorkers ask most before hiring a personal injury lawyer, from fees to deadlines.
1. When should I hire a personal injury lawyer in New York?
It’s best to hire a personal injury lawyer in New York as soon as you can after your injury, and before talking to the other side’s insurance company.
Getting a lawyer early helps you meet important deadlines, like the 90-day Notice of Claim for City cases, and makes sure evidence is preserved before it disappears.
2. Can a lawyer approach me in person after an accident in New York?
Usually, no. Rule 7.3 of the New York Rules of Professional Conduct says lawyers can’t approach new clients in person or by surprise phone calls unless they already know you.
They also can’t use pressure or harassment. You can always reach out to a lawyer on your own.
3. How much does a personal injury lawyer cost in New York?
Most personal injury lawyers in New York work on a contingency basis. This means you don’t pay anything upfront, and you only pay attorney’s fees if you win compensation.
The usual fee is one-third of your net recovery. Be sure to ask how case expenses are handled before you agree to anything.
4. How do I know if a personal injury lawyer is good?
A good personal injury lawyer specializes in injury cases, has proven results in cases like yours, and gets strong reviews from clients.
They should give you an honest opinion about your case, not promise a guaranteed result. Awards like Super Lawyers can also be a helpful sign.
5. Can I switch personal injury lawyers if I made the wrong choice?
Yes, you can change lawyers at any time in New York. Usually, the lawyers will split one contingency fee, so you don’t have to pay two separate fees. It’s easier to switch lawyers early in your case than right before trial.