Frequently Asked Questions About NY Personal Injury Cases

Being injured in an accident in New York City can turn your entire life upside down. One moment you are commuting, shopping, or working in Manhattan, Brooklyn, Queens, the Bronx, or Staten Island. Next, you may be facing pain, medical treatment, missed paychecks, and aggressive insurance companies.

At Greenstein & Pittari, LLP, our New York City personal injury lawyers represent accident victims and families across all five boroughs. This FAQ answers the questions we hear most often from clients who have been injured in car crashes, fall accidents, construction incidents, medical malpractice, and other serious events in NYC.

If you were hurt in New York City, call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) for a free consultation. You pay no legal fee unless we are successful.

New York City Personal Injury Lawyers: Who We Help And Where We Practice

Greenstein & Pittari, LLP focuses exclusively on representing injury victims, never insurance companies. Our New York City personal injury attorneys help people injured in:

• Car, truck, motorcycle, scooter, and bicycle accidents
• Pedestrian knockdowns and hit-and-run accidents
• Slip, trip, and fall incidents on sidewalks, stairways, stores, supermarkets, apartment buildings, and commercial properties
• Construction and workplace accidents, including falls from heights, falling objects, and unsafe work sites
• Premises liability cases, including negligent security, unsafe property conditions, broken handrails, and building code violations
• Defective and dangerous products, including machinery, tools, household items, and auto parts
• Medical malpractice and hospital negligence
• Wrongful death cases throughout New York City

We practice throughout the five boroughs and surrounding counties and handle cases from the initial investigation to settlement negotiations and, when necessary, trial in New York courts.

If you were injured anywhere in NYC, contact our Manhattan, Bronx, Brooklyn, Queens, Staten Island, Yonkers, or Nassau County office today to learn how we can help.

What Should I Do After An Accident In New York City?

Your health comes first, but what you do immediately after an accident can also affect your legal rights and the value of your New York personal injury claim.

1. Call 911
   For car and truck crashes, request police and EMS. For falls or incidents in stores, buildings, or on sidewalks, ask for help and ensure the incident is reported and documented.
2. Get medical care right away
   Do not assume you are fine. Concussions, internal injuries, neck and back injuries, and soft tissue injuries can show up hours or days later. Emergency room records and early treatment notes also help prove that your injuries were caused by the accident.
3. Document the scene if it is safe
   • Take photos and video of vehicles, skid marks, debris, weather conditions, lighting, spilled substances, broken steps, or any hazard that caused your injury.
   • Photograph your visible injuries.
   • Write down or save the date, time, and exact location of the accident.
4. Get witness information
   Please ask the witnesses for their names, phone numbers, and email addresses so your attorney can contact them later.
5. Report the accident to the right party
   • Motor vehicle accidents: police and your own auto insurance company for no-fault benefits.
   • Work accidents: supervisor, foreman, or employer, and complete any incident report.
   • Premises incidents: property owner, store manager, landlord, or building management.
6. Do not admit fault or give recorded statements
   Even simple phrases like “I am sorry” or “I did not see it” can be twisted later. Do not give recorded statements to any insurance company until you speak with an attorney.
7. Call a New York City personal injury lawyer as soon as possible
   Evidence can disappear quickly in NYC. Video footage can be erased, hazards can be repaired, and witnesses can become harder to locate. The sooner you involve a lawyer, the better your chances of protecting your rights.

How Do I Know If I Have A Personal Injury Case In New York?

You may have a valid New York personal injury claim if:

1. You suffered an injury. This can be physical, emotional, or financial harm.
2. Another person, business, or entity was negligent or engaged in wrongful conduct that caused or contributed to your injury.

Examples include:

• A careless driver who speeds, texts, or runs a red light
• A property owner who fails to fix or warn about a dangerous condition like a broken step, icy sidewalk, or loose railing
• A general contractor who ignores safety rules on a construction site
• A doctor or hospital that deviates from accepted medical standards
• A manufacturer that sells a defective or unreasonably dangerous product

If both points apply to your situation, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering.

Contact Greenstein & Pittari, LLP for a free case review. We will evaluate your claim, explain your rights under New York law, and tell you honestly whether it makes sense to move forward.

Your Rights After A New York City Accident

If you were hurt in NYC because of someone else’s negligence or wrongful conduct, you have necessary rights, including the right to:

• Bring a claim or lawsuit against the responsible parties
• Seek compensation for economic and non-economic damages
• Have a New York City personal injury lawyer represent you without paying upfront fees
• Decline to speak with the other side’s insurance company
• Have your attorney handle negotiations, court filings, and communications on your behalf

Never assume you have to accept what the insurance company offers. Their job is to minimize payouts. Our job is to protect your rights and maximize your recovery.

What Types Of Damages Can I Recover In A New York Personal Injury Case?

In a New York City personal injury case, you may be entitled to several categories of damages.

Economic Damages

These are the financial losses you can prove with bills, pay stubs, or other documents:

• Emergency room and hospital bills
• Follow-up doctor visits
• Surgery, injections, physical therapy, chiropractic care, and rehabilitation
• Prescription medications and medical equipment such as braces, crutches, or wheelchairs
• Past lost wages from time missed at work
• Loss of future earning capacity if you cannot return to your old job or must work fewer hours
• Costs of in-home care, assistance, or modifications to your home
• Property damage, including vehicle repairs or total loss

Non-Economic Damages

These compensate you for the human impact of your injuries:

• Physical pain and suffering
• Emotional distress, anxiety, depression, and post-traumatic stress
• Loss of enjoyment of life when you can no longer do activities, hobbies, or social events you enjoyed before
• Scarring and disfigurement
• Loss of companionship or consortium in some instances

Punitive Damages

Punitive damages are rare and are intended to punish especially reckless or intentional conduct and deter similar behavior in the future. They are not available in every case and require a higher legal standard of proof.

Our NYC accident attorneys work closely with you, your doctors, and experts to fully document all of your damages so that the full impact of your injury is recognized.

How Much Is My New York City Personal Injury Case Worth?

There is no universal formula or online calculator that can accurately value a personal injury case. The value of your case depends on factors such as:

• The severity and permanence of your injuries
• The type, length, and cost of your medical treatment
• Whether you will need future medical care or surgery
• How much time you missed from work, and whether you can return to your previous job
• How your injuries affect your daily life, relationships, and ability to enjoy activities
• The strength of the evidence regarding fault and causation
• The total amount of insurance coverage and assets available
• The venue, or county, where the case is filed, such as Bronx County, Kings County, New York County, Queens County, or Richmond County

At Greenstein & Pittari, LLP, we do not make unrealistic promises to sign you up. After we review your medical records, accident reports, and other evidence, we provide a candid, experience-based assessment of your case and explain how we arrived at that evaluation.

How Much Does It Cost To Hire A New York City Personal Injury Lawyer?

At Greenstein & Pittari, LLP, our NYC personal injury lawyers work on a contingency fee basis. This means:

• You do not pay any retainer or upfront legal fee
• You do not receive hourly bills
• We advance reasonable litigation expenses, such as court filing fees, medical record costs, and expert fees
• Our legal fee is a percentage of the money we recover for you
• If there is no recovery, you owe no legal fee

For most negligence cases, such as car accidents and slip-and-fall injuries, our fee is typically one-third of the net recovery after case expenses, in accordance with New York law. For medical malpractice cases, New York uses a special sliding scale fee structure.

We explain all fees and costs clearly at your first meeting, so you know exactly how our representation works.

How Long Do I Have To File A Personal Injury Lawsuit In New York?

New York has strict statutes of limitations, which are deadlines for filing lawsuits:

• Most personal injury cases in NYC: 3 years from the date of the accident
• Medical malpractice cases: usually 2.5 years from the negligent act or from the end of continuous treatment for the same condition
• Wrongful death cases: 2 years from the date of death
• Claims against New York City, the MTA, NYCTA, NYCHA, and other public entities:
  • Notice of Claim usually must be filed within 90 days
  • Lawsuit deadline is often 1 year and 90 days

Special rules may apply to injured children and to specific hidden injuries, such as foreign objects left in the body after surgery. New York generally does not extend the statute of limitations simply because you discover your injury later.

If you miss the deadline, you may lose your right to any compensation. You should speak with a New York City personal injury attorney as soon as possible after an accident to protect your rights.

What Is Negligence And Comparative Negligence In New York?

Most personal injury cases in NYC are based on negligence. To prove negligence, we usually must show:

1. The defendant owed you a duty of care
2. The defendant breached that duty by acting unreasonably under the circumstances
3. The breach caused or contributed to your accident
4. You suffered damages as a result

Examples of negligence include:

• A driver texting while driving, speeding, or driving drunk
• A landlord or property owner failing to repair a broken step or remove ice and snow
• A supermarket ignoring spills that cause customers to slip
• A contractor failing to provide proper fall protection on a construction site

New York also uses pure comparative negligence. This means that more than one person, including the injured person, can share responsibility for an accident. You can still recover money even if you are partly at fault. Your percentage of fault reduces your recovery.

Example: if your damages are 200,000 dollars and you are found 25 percent at fault, you can still recover 150,000 dollars.

What Is New York’s No-Fault Law For Car Accidents?

New York has a no-fault system for most motor vehicle accidents. Under this system:

• Your own auto insurance policy’s Personal Injury Protection (PIP) coverage pays for your reasonable and necessary medical expenses and a portion of your lost wages, regardless of who caused the accident, up to the policy limits.
• No fault benefits do not compensate you for pain and suffering.

To bring a lawsuit for pain and suffering and full lost wages after an NYC car accident, you must generally show that:

• You suffered a “serious injury” as defined by New York law, such as a fracture, significant disfigurement, loss of a fetus, permanent loss or significant limitation of a body organ or system, or a medically documented impairment that prevents you from performing your usual daily activities for at least 90 of the first 180 days after the accident, or
• Your economic losses exceed the fundamental no-fault limits.

Our New York car accident lawyers can help you file for no-fault benefits on time and determine whether your injuries meet the serious injury threshold so that you can pursue a complete personal injury claim.

Workplace Accidents And Third-Party Claims In NYC

Work injuries in New York are typically covered by workers’ compensation, which can pay:

• Medical treatment related to the work injury
• A portion of your lost wages
• Certain disability and schedule loss benefits

However, workers’ compensation does not pay for pain and suffering and generally prevents you from suing your employer directly.

You may still have a separate personal injury lawsuit if a third party, not your employer or co-employee, contributed to your injury. Examples include:

• A negligent driver who hits you when you are making a delivery
• A property owner who allows a dangerous condition that injures you while you are working on their premises
• A subcontractor or equipment manufacturer whose negligence or defective product causes a construction accident

These third-party claims can significantly increase your total recovery. Our NYC construction accident and workplace injury lawyers carefully analyze every potential avenue for compensation.

Liens, Collateral Source, And Insurance

What Is A Lien On A Personal Injury Settlement?

A lien is a legal claim by a third party against your personal injury settlement or verdict. Common lienholders include:

• Hospitals and medical providers
• Private health insurance plans
• Workers’ compensation carriers
• Medicare, Medicaid, or other government benefit programs in certain situations

These entities may be entitled to reimbursement for benefits they paid that are related to your injury. Before you receive your portion of a settlement, many liens must be resolved.

At Greenstein & Pittari, LLP, we identify all potential liens, confirm that they are valid and properly calculated, and negotiate where possible to reduce them so that more money stays in your pocket.

What Is New York’s Collateral Source Rule?

The collateral source rule in New York is intended to prevent plaintiffs from being paid twice for the same economic loss. After a jury verdict, a court may sometimes reduce certain portions of the award by amounts already paid by collateral sources, such as insurance benefits, subject to numerous restrictions and exceptions.

The way liens, insurance, and the collateral source rule interact can be complex. Our role is to navigate these issues for you and protect your net recovery.

Will My New York Personal Injury Case Go To Trial?

Most New York City personal injury cases do not go to trial. Many resolve through settlement negotiations, mediation, or arbitration. Cases are more likely to proceed to trial if:

• The defendant disputes liability and claims they were not at fault
• The insurance company undervalues the case and refuses to offer a fair settlement
• The injuries are severe, and the damages are significant

At Greenstein & Pittari, LLP, we prepare every case as if it will go to trial. This preparation often leads to stronger settlement offers. If a fair settlement cannot be reached, we are ready to present your case to a judge or jury.

Wrongful Death Claims In New York City

If a loved one dies as a result of someone else’s negligence or wrongful act in New York, the personal representative of the estate may bring:

• A wrongful death claim for the financial losses suffered by family members, such as lost support, services, and funeral expenses
• A survival action for the decedent’s conscious pain and suffering before death

Wrongful death cases involve strict deadlines, specific procedural rules, and profound emotional issues. Our NYC wrongful death lawyers guide families through the process with compassion and determination.

How Can I Maximize My New York City Personal Injury Settlement?

To strengthen your case and maximize your recovery:

• Get prompt medical treatment and follow your doctor’s recommendations
• Keep all medical appointments or reschedule promptly if you cannot attend
• Be completely honest about your symptoms and limitations
• Keep a journal documenting your pain, emotional state, and how your injuries affect your daily life
• Save all medical bills, receipts, and proof of lost income
• Avoid discussing your case or injuries on social media
• Consult a New York City personal injury lawyer before speaking with insurance adjusters or accepting any settlement

Our attorneys build strong, evidence-driven cases so that when negotiations begin, we are prepared to demand the full and fair amount you deserve under New York law.

Choosing The Right New York City Personal Injury Lawyer

When you are looking for a personal injury attorney in New York City, you should consider:

• Experience with your type of case, such as car accidents, construction accidents, premises liability, or medical malpractice
• A track record of successful settlements and verdicts
• Willingness and ability to take cases to trial if necessary
• Client reviews and reputation in the community
• Clear communication, responsiveness, and respect
• A fee structure that aligns your interests with your lawyer’s

At Greenstein & Pittari, LLP, we represent injury victims only and never insurance companies. We combine considerable firm experience with the personal attention of a local law office.

Why Choose Greenstein & Pittari, LLP For Your NYC Personal Injury Case?

Greenstein & Pittari, LLP is built to serve injured New Yorkers with dedication, compassion, and skill.

• Exclusive focus on personal injury law
• Local Harlem office and six additional convenient locations in the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
• Bilingual services available for clients who prefer to communicate in another language
• Hundreds of positive client reviews and testimonials
• Top-rated, award-winning lawyers, including recognition in publications such as Best Lawyers and Super Lawyers
• We deal directly with the insurance companies so you can concentrate on your medical recovery
• Our Fee Guarantee: you do not pay us any legal fee unless we are successful

Our motto is simple: “Don’t Be A Victim Twice.”

If you were injured in an accident involving an uninsured or underinsured vehicle or any negligence in New York City, we are here to stand up for you.

Injured In New York City? Talk To A Personal Injury Lawyer Today

If you or a loved one has been injured anywhere in New York City, you do not have to face the legal system or the insurance companies by yourself.

At Greenstein & Pittari, LLP:

• The call is free
• The consultation is free
• You pay no legal fee unless we are successful in recovering money for you

Call 1-800-VICTIM2 (1-800-842-8462) today to speak with an experienced New York City personal injury lawyer.
You can contact us online to schedule a confidential case evaluation.

Let us fight for the compensation and justice you deserve so you can focus on healing, your family, and rebuilding your life in New York City.