What Injured New Yorkers Need to Know

If you were hurt in an accident caused by someone else's carelessness, you likely have questions that feel more urgent than any legal explanation can address: Will my medical bills get paid? Can I still work? Who is responsible for what happened to me? Rosenberg, Minc, Falkoff & Wolff, LLP (RMFW Law) represents injured people throughout New York City — including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island — in car accidents, construction accidents, slip-and-falls, and other cases involving serious injury. This page walks through how New York personal injury claims work, what to do after an accident, and when it makes sense to talk to a lawyer.

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A personal injury lawyer's job is to take the legal and administrative burden off your shoulders — dealing with insurance adjusters, gathering evidence, and building a claim — so you can focus on recovering. Below, we break down the practical steps, the legal concepts specific to New York, and the questions people in the five boroughs ask most often after an accident.

Why Injured New Yorkers Turn to Rosenberg, Minc, Falkoff & Wolff, LLP

Choosing who represents you after an accident matters. Here's what clients can expect from RMFW Law:

Decades representing injured New Yorkers. RMFW Law has built its practice around personal injury and serious injury cases across all five boroughs, working directly with clients rather than passing files off to case managers.
Trial-ready representation. Insurance companies evaluate cases differently when they know a firm is prepared to take a matter to trial rather than settle quickly for less than it's worth. RMFW Law prepares cases with that standard in mind from the outset.
Direct attorney involvement. Clients work with the firm's attorneys throughout their case, not solely with support staff.
No fee unless we recover compensation. Personal injury cases at RMFW Law are handled on contingency — there's no upfront cost, and the firm advances case-related expenses.
Accessibility across NYC. With offices in Midtown Manhattan and Jamaica, Queens, RMFW Law serves clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. For clients who cannot travel, the firm can arrange to meet at home or in the hospital.

Past results don't guarantee a future outcome, and every case is different — but a firm's history handling injury claims in New York courts is a reasonable factor to weigh when choosing representation.

Personal Injury Cases We Handle

RMFW Law represents clients across a broad range of personal injury matters, including:

Car accidents — collisions involving passenger vehicles, rideshare vehicles, and uninsured or hit-and-run drivers
Truck accidents — crashes involving commercial trucks and delivery vehicles
Motorcycle accidents
Pedestrian accidents — a significant concern in a city where foot traffic is constant and drivers carry insurance the pedestrian often doesn't
Bicycle and e-bike accidents, including bike-share incidents
Construction accidents — falls, scaffold and ladder accidents, crane accidents, and falling-object injuries, governed in part by New York's Labor Law protections for workers
Slip-and-fall and premises liability — including sidewalk defects, snow and ice accumulation, elevator accidents, and negligent security claims against property owners and businesses
Bus, subway, and mass-transit accidents — claims involving the MTA or other public transportation authorities, which carry unique procedural requirements
Serious and catastrophic injuries — traumatic brain injuries, spinal cord injuries, severe fractures, and burn injuries
Wrongful death — claims brought by families after a loved one dies because of another party's negligence

If your accident doesn't fit neatly into one of these categories, it's still worth discussing with a lawyer. Many personal injury claims involve overlapping legal issues that aren't obvious right away.

What To Do After an Accident in New York City

The steps you take in the hours and days following an accident can directly affect your health and your ability to pursue compensation later.

Get medical attention right away

even if your injuries seem minor. Adrenaline can mask pain, and a documented medical record close in time to the accident helps connect your injuries to the incident.

Report the accident

to police, 911, a property owner, or your employer, depending on where and how it happened.

Document the scene

Photograph the location, any visible injuries, hazardous conditions, or vehicle damage while you can.

Get witness information

Names and contact details for anyone who saw what happened can be difficult to track down later.

Preserve evidence

Keep damaged property, clothing, or anything else connected to the accident. Surveillance footage in New York City is frequently overwritten or deleted within days or weeks, so time matters.

Be cautious with insurance companies

You are not obligated to give a recorded statement to an insurer — including your own — before speaking with an attorney. Insurance adjusters are trained to minimize payouts, and early statements can be used against you.

Consult a personal injury attorney

before signing anything or accepting an early settlement offer.

Understanding New York Personal Injury Claims

New York personal injury law includes several concepts that affect nearly every case. Here's what to know in plain terms.

Negligence and liability

Most personal injury claims are built on negligence — the idea that someone failed to act with reasonable care, and that failure caused your injury. To have a valid claim, you generally need to show that another party owed you a duty of care, breached that duty, and caused you measurable harm as a result.

Comparative fault

New York follows a pure comparative negligence rule (CPLR §1411). This means you can still recover compensation even if you were partially responsible for the accident — your award is simply reduced by your percentage of fault. Insurance adjusters sometimes use this rule to shift blame onto injured claimants, which is one reason it's worth having a lawyer review any fault determination before you accept it.

No-fault insurance for car accidents

New York requires no-fault insurance for motor vehicle accidents, meaning your own insurer generally pays initial medical expenses and a portion of lost wages regardless of who caused the crash. However, no-fault benefits typically don't cover pain and suffering. To pursue a claim against the at-fault driver for those damages, your injury generally must meet the "serious injury" threshold defined under New York Insurance Law §5102(d).

Evidence that supports a claim

Strong personal injury claims are typically supported by medical records, photographs, accident or police reports, witness statements, and, where relevant, surveillance footage or expert analysis. The sooner this evidence is gathered, the less likely it is to be lost.

This section is intended to explain general concepts and is not legal advice for any individual situation. The facts of your case determine which rules and deadlines apply.

Statutes of limitations

Deadlines for filing a personal injury lawsuit in New York vary depending on the circumstances:

Many personal injury claims must be filed within three years of the accident (CPLR §214)
Wrongful death claims generally must be filed within two years
Claims against a city agency, the MTA, or another public entity often require a notice of claim within 90 days — far shorter than the general deadline

These timeframes can vary based on the facts of your case, so it's important to speak with an attorney promptly rather than assume you have more time than you actually do.

How a Personal Injury Lawyer Can Help

A personal injury lawyer typically manages several tasks that are difficult to handle alone, especially while recovering from an injury:

Investigating the accident, including gathering police reports, witness statements, and surveillance footage before it disappears
Working with medical providers to document the full extent and permanence of your injuries
Communicating with insurance companies on your behalf, so you're not pressured into early or low settlement offers
Calculating the value of your claim, factoring in medical costs, lost income, and non-economic damages like pain and suffering
Negotiating a settlement backed by evidence rather than guesswork
Filing a lawsuit and preparing for trial if the insurer's offer doesn't reflect the value of your claim

What Compensation May Be Available

Depending on the facts of your case, compensation in a New York personal injury claim may include:

Past and future medical expenses
Lost wages and reduced future earning capacity
Pain and suffering and loss of enjoyment of life
Out-of-pocket costs related to the injury
In wrongful death cases, damages available to surviving family members

The specific compensation available depends on the severity of your injuries, the strength of the evidence, available insurance coverage, and other case-specific factors. An attorney can review your medical records and the facts of your accident to give you a realistic sense of what your claim may be worth.

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AWARDS & RECOGNITION

Awards & Recognition

Rosenberg, Minc, Falkoff & Wolff, LLP is consistently recognized for its legal excellence and unwavering commitment to clients by prominent legal organizations. Our firm and its attorneys have earned accolades that reflect our high ethical standards and successful track record.

CLIENT REVIEWS

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Frequently Asked Questions

What should I do after a personal injury accident in NYC?

Seek medical attention first, then document the scene, get witness contact information, and report the incident to the appropriate party — police, a property owner, or your employer. Avoid giving a recorded statement to an insurance company until you've spoken with an attorney.

Do I need a personal injury lawyer?

Not every minor incident requires legal representation, but if you suffered a significant injury, missed work, or are dealing with an insurance company that's disputing your claim, a lawyer can help protect your rights and negotiate on your behalf. A free consultation can help you understand whether legal representation makes sense for your situation.

How much is a personal injury case worth in New York?

There's no fixed formula — case value depends on the severity of your injuries, medical costs, lost income, available insurance coverage, and the strength of the liability evidence. Be cautious of anyone who quotes a specific dollar amount before reviewing your medical records and the facts of your accident.

How long do I have to file a personal injury claim in New York?

In most cases, three years from the date of the accident, and two years for wrongful death claims. If your claim involves a city agency or the MTA, you generally must file a notice of claim within 90 days. These deadlines can vary, so it's best to consult an attorney as soon as possible.

What does a personal injury lawyer do?

A personal injury lawyer investigates the accident, gathers and preserves evidence, communicates with insurance companies, calculates the value of your damages, negotiates a settlement, and litigates the case if a fair settlement isn't reached.

How does a personal injury lawyer get paid?

Most personal injury lawyers, including RMFW Law, work on contingency — meaning there's no upfront fee, and the lawyer is paid a percentage of the settlement or verdict only if the case is successful.

What if the insurance company offers me a settlement?

Early settlement offers are often lower than what a claim is actually worth, particularly before the full extent of your injuries is known. It's generally worth having an attorney review any offer before you accept it or sign a release.

Can I still recover compensation if I was partially at fault?

Yes. New York's pure comparative negligence rule allows you to recover compensation even if you share some responsibility for the accident — your award is reduced by your percentage of fault, but it isn't eliminated.

What evidence do I need for a personal injury claim?

Medical records, photographs of the scene and your injuries, witness contact information, police or incident reports, and any available surveillance footage all help support a claim. The sooner this evidence is collected, the stronger your case tends to be.

What happens if my injury happened at work?

Workplace injuries are generally handled through workers' compensation, which typically limits your ability to sue your employer directly. However, if a third party — such as a property owner, contractor, or equipment manufacturer — contributed to the accident, you may have a separate personal injury claim in addition to a workers' compensation claim.

What if I was injured in a car accident in NYC?

New York's no-fault insurance system generally covers initial medical expenses and some lost wages regardless of fault. To pursue additional compensation for pain and suffering from the at-fault driver, your injury typically needs to meet the state's "serious injury" threshold.

Can I recover compensation for pain and suffering?

In New York, pain and suffering damages are available in many personal injury cases, though car accident claims require meeting the serious injury threshold under Insurance Law §5102(d) before pain and suffering damages can be pursued against the at-fault driver.

What happens if a loved one dies because of an accident?

Surviving family members may be able to bring a wrongful death claim, which must generally be filed within two years of the death. Compensation in these cases can address funeral costs, lost financial support, and other losses tied to the death.

Does RMFW Law handle personal injury cases throughout NYC's five boroughs?

Yes. RMFW Law represents injured clients across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, with offices in Midtown Manhattan and Jamaica, Queens.

FREE CONSULTATION

Talk to Rosenberg, Minc, Falkoff & Wolff, LLP About Your Case

Recovering from an injury is difficult enough without also navigating insurance companies, paperwork, and legal deadlines. Rosenberg, Minc, Falkoff & Wolff, LLP offers a free, confidential consultation to discuss what happened, answer your questions, and explain your options under New York law. There's no obligation, and if the firm represents you, you owe nothing unless your case results in a recovery.

Call 212-LAWYERS 646-480-0830 or contact RMFW Law online to schedule your consultation. For clients who can't travel, arrangements can be made to meet at home or in the hospital, anywhere in the five boroughs.

Rosenberg, Minc, Falkoff & Wolff, LLP

122 E 42nd St # 3800, New York City, NY 10168

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