Common Questions

Nothing up front. Personal injury cases are handled on a contingency fee basis — the fee is a percentage of whatever is recovered, and there is no fee at all if there is no recovery. Case costs and disbursements are explained in writing before you sign anything.

It depends on the specifics — the severity and permanence of the injury, past and future medical costs, lost earnings and lost earning capacity, the insurance actually available, and how clearly fault can be established. Anyone who quotes a number before reviewing the details is guessing. A free consultation is the fastest way to get an honest read on yours.

Three years for most personal injury claims (CPLR § 214), two years for wrongful death. That general rule has real exceptions that are shorter and easy to miss — claims involving a government vehicle or government property generally require a notice of claim within 90 days, and some specific claim types run on their own timelines. See the practice area that matches your situation, or call — it costs nothing to find out which deadline applies to you.

New York generally reduces your recovery by your percentage of fault rather than barring the claim entirely (CPLR § 1411) — being 20% at fault typically means recovering 80% of the damages. A 2026 amendment created a narrower rule for certain motor vehicle claims, where fault greater than that of the party sued — or their combined share, where more than one is sued — can bar the tort recovery entirely — not just pain and suffering — though no-fault benefits are unaffected. See our car accident page for how that specific rule works.

Not before speaking with an attorney. A recorded statement is taken by the insurer to build their file, not to help you, and it's given before anyone knows the full extent of an injury. Anything said in it can be used later to dispute the claim.

Speak with an attorney first. Early offers are made precisely because the full extent of an injury isn't known yet, and a signed release generally ends the claim permanently — including for treatment you may need later. There's no cost to have someone review an offer before you accept it.

Yes — and see a doctor regardless. Neck, back, and head injuries often don't show symptoms until days after an accident, and a gap in treatment is the first thing an insurer uses to dispute how serious an injury really was.

It depends mainly on medical treatment — a claim generally shouldn't be settled until your condition has stabilized enough to know the long-term picture. Straightforward claims can resolve in a matter of months; cases involving serious injuries, disputed liability, or litigation can take considerably longer. You'll know where yours stands, because you'll be speaking directly with the attorney handling it.

Most personal injury claims settle before trial. Every case is still prepared as though it will be tried, since that preparation is what gives a claim real negotiating weight — an insurer that believes a case will actually go to trial negotiates differently than one that doesn't.

In a New York motor vehicle accident, your own insurer (or the insurer of the vehicle involved) generally pays your initial medical bills and part of your lost earnings up to $50,000, regardless of who caused the crash. It does not cover pain and suffering — that's a separate claim against the at-fault party, and only available if the injury meets New York's serious injury threshold. See our car accident page for the specific rules and deadlines.

There are usually still options — uninsured motorist coverage built into your own auto policy, supplementary underinsured motorist coverage if the at-fault party's policy is too small, or in some cases a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC). These paths carry their own early notice requirements, so it's worth calling quickly rather than assuming there's nothing to do.

Workers' compensation is generally your only claim against your own employer, but you may have a separate lawsuit against a different party — a property owner, a general contractor, a vehicle driver, or an equipment manufacturer — depending on how the injury happened. That claim isn't limited the way workers' compensation is, and both can proceed at the same time. See our construction accident page for how this works in detail on a job site.

It's still worth a free call, since what looks minor at first isn't always what it turns out to be — and if an insurer is already involved, a claim can be resolved incorrectly before anyone realizes an injury needed more treatment than expected. There's no obligation and no cost to find out where you stand.

Where it's safe to do so: photographs of the scene and any visible injuries, contact information for witnesses, the police report or incident report number, and the names of anyone involved. See a doctor as soon as possible regardless of how you feel, and keep records of every appointment and expense that follows. An attorney can help fill in what's missing once you call.