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The questions injured New Yorkers ask
Direct answers, with statute citations. Plain English.
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- How much is my Queens car accident worth?A Queens car accident case in New York typically equals medical bills plus lost wages plus pain and suffering. Cases involving surgery and m…
- Can I sue NYC for a sidewalk fall?Yes, but the rules are strict. You must file a Notice of Claim with the City within 90 days under General Municipal Law § 50-e and start the…
- What is the statute of limitations for personal injury in New York?New York's general personal injury deadline is three years from the date of the accident under CPLR § 214(5). Medical malpractice is two yea…
- Do I need a lawyer for a minor accident in NYC?Often yes, even for an accident that feels minor. New York no-fault rules, the serious-injury threshold, and short Notice of Claim deadlines…
- Can undocumented immigrants sue for personal injury in New York?Yes. The New York Court of Appeals confirmed in Balbuena v. IDR Realty LLC (2006) that immigration status does not bar a personal injury law…
- What is New York Labor Law 240?Labor Law § 240, the Scaffold Law, makes property owners and general contractors strictly liable when a construction worker is injured by an…
- How are pain and suffering damages calculated in New York?New York has no fixed formula. Juries decide pain and suffering based on injury type, treatment, permanence, and life impact. Lawyers and ad…
- What is the no-fault threshold in New York?The no-fault threshold, defined in Insurance Law § 5102(d), is the level of injury required to sue another driver for pain and suffering aft…
- Should I give a recorded statement to the insurance company?Generally no, especially to the at-fault driver's insurer. New York law does not require you to give a recorded statement to the other party…
- When should I hire a personal injury attorney?As soon as possible after the accident. Evidence disappears, witnesses move, and New York imposes short deadlines, including a 90-day Notice…
- What evidence do I need for a slip and fall in NYC?You need proof of a dangerous condition, that the property owner knew or should have known about it, and that it caused your injury. Strong …
- How do I prove negligence in a New York personal injury case?You must prove four elements: the defendant owed you a duty of care, breached that duty, the breach was a proximate cause of your injury, an…
- What if my accident was partially my fault in New York?You can still recover. New York follows pure comparative negligence under CPLR § 1411. Your damages are reduced by your percentage of fault,…
- Are punitive damages available in New York personal injury cases?Yes, but rarely. Ordinary negligence is not enough. New York requires conduct that is willful, wanton, malicious, grossly negligent, or show…
- How long does a New York personal injury case take?Most New York personal injury cases settle in 12 to 24 months. Simple soft-tissue cases can resolve in months. Cases with surgery, contested…
- Can I sue if I had a pre-existing injury in New York?Yes. New York follows the eggshell plaintiff rule: defendants take their victims as they find them. If the accident aggravated a pre-existin…
- What if the at-fault driver had no insurance in New York?You can still recover through your own auto policy's uninsured motorist (UM) and Supplementary Uninsured/Underinsured Motorist (SUM) coverag…
- How does mediation work in a New York personal injury case?Mediation is a confidential settlement meeting with a neutral mediator, often a retired judge. Both sides present their case, then negotiate…
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