FAQ

New York's statute of limitations gives you three years from the date of injury to file a personal injury lawsuit. Missing this deadline typically bars your claim permanently, regardless of how strong your case is. The clock starts on the injury date, not when you discover harm or finish treatment.

No-fault insurance covers your medical bills and lost wages regardless of who caused the accident, but you can still sue the at-fault driver if you meet the serious injury threshold. This includes significant bone fractures, permanent limitation of body function, or injuries preventing substantial daily activities for at least 90 days.

Contingency fee representation means the attorney receives payment only if you recover compensation, typically as a percentage of the settlement or verdict. You pay no upfront retainer or hourly fees. If the case results in no recovery, you owe no attorney fees.

Case value depends on medical expenses, lost income, injury permanence, fault clarity, and insurance policy limits. Fractures requiring surgery carry higher value than soft tissue injuries, and documented wage loss strengthens economic damages. Cases settle within available insurance coverage unless the defendant has significant personal assets.

Evaluate trial experience in your injury type, local court familiarity, and case volume capacity to ensure individual attention. Attorneys who regularly try cases often secure better settlements than those who always settle. Ask how many similar cases they've handled and what percentage went to trial versus settlement.

Call police to document the scene, exchange insurance information without admitting fault, photograph vehicle damage and road conditions, and seek medical evaluation even if you feel fine. Delayed symptom onset is common with soft tissue injuries, and gaps in treatment weaken claims later.

New York follows pure comparative negligence, allowing recovery even if you're 99% at fault, though your award reduces by your fault percentage. If you're 30% responsible and awarded $100,000, you receive $70,000. Fault allocation happens during settlement negotiation or at trial.

The threshold requires permanent injury, significant limitation lasting at least 90 days, or specific categories like dismemberment, bone fracture, or significant disfigurement. Soft tissue injuries qualify only if medical evidence proves permanent limitation of body function or system, not just temporary pain or stiffness.

Your own uninsured motorist coverage steps in to cover damages up to your policy limits. New York requires all auto policies to include this coverage unless you reject it in writing. If you lack this coverage, options include suing the driver personally, though collecting judgment proves difficult without assets.

Timeline depends on treatment completion, liability clarity, insurance cooperation, and court scheduling if litigation becomes necessary. Cases settle faster when fault is clear and injuries stabilize quickly, while disputed liability or uncertain prognosis extends negotiation. Reaching maximum medical improvement before settlement prevents undervaluing future complications.