New York City Personal Injury FAQs
What qualifies as a personal injury case in New York City?
A personal injury case arises when someone is harmed due to another party’s negligence, recklessness, or intentional act. Common examples include car accidents, slip and falls, medical malpractice, construction accidents, and nursing home abuse. At Cohan Law PLLC, we assess the facts and fight to hold the responsible party accountable.
How long do I have to file a personal injury lawsuit in NYC?
In most cases, New York’s statute of limitations gives you three years from the date of the injury to file a lawsuit. Some cases, such as claims against government agencies, have shorter deadlines. We recommend contacting our team as soon as possible to protect your rights.
What compensation can I recover in a personal injury claim?
You may be entitled to damages for medical expenses, lost wages, future earnings, pain and suffering, emotional distress, and loss of enjoyment of life. In severe cases, punitive damages may also apply. At Cohan Law, we pursue full and fair compensation on your behalf.
How is fault determined in New York injury cases?
New York uses a pure comparative negligence rule, meaning your compensation is reduced by your percentage of fault. Even if you were partially responsible, you may still recover damages. We work to minimize your liability and highlight the negligence of the other party.
Do I need a lawyer for a personal injury claim?
Yes. Insurance companies often undervalue claims or deny them outright. Having an experienced personal injury attorney like those at Cohan Law ensures your case is properly documented, negotiated, and—if needed—litigated for maximum results.
What should I do immediately after a car accident in NYC?
Ensure safety first, then call 911 and seek medical attention. Take photos, gather witness contact info, and do not admit fault. Contact us as soon as possible so we can begin preserving evidence and dealing with insurance companies on your behalf.
What if I was hit by a car as a pedestrian or cyclist?
New York law protects injured pedestrians and cyclists. If you were struck by a vehicle, you may be entitled to no-fault benefits and additional compensation from the driver’s liability coverage. We’ll help you navigate the process and determine all avenues of recovery.
How does New York’s no-fault insurance system work?
After a car accident, your own insurance covers up to $50,000 of your medical bills and lost wages, regardless of fault. This is known as no-fault coverage. If your injuries meet the “serious injury” threshold under New York law, you can also sue the at-fault driver for further compensation.
What is considered a “serious injury” in a car accident case?
Under New York Insurance Law § 5102(d), a serious injury includes death, dismemberment, significant disfigurement, fracture, permanent loss or limitation of a body function or organ, or injuries that prevent you from performing daily activities for 90 of the first 180 days after the accident. We evaluate your case to determine if it meets this standard.
Can I still file a claim if I was partially at fault in a car crash?
Yes. Even if you were partly to blame, New York’s comparative negligence law allows you to recover damages proportionate to the other party’s responsibility. Cohan Law PLLC can help reduce your share of fault and maximize your recovery.
How long does a personal injury lawsuit take in NYC?
Many cases resolve within 6 to 12 months, but more complex or contested lawsuits can take 1 to 3 years. Factors like insurance disputes, medical treatment timelines, and court scheduling affect duration. We work to resolve your case efficiently while maximizing your result.
What if I was injured on public transportation in NYC?
If you were injured on an MTA bus, subway, or other public transit, you may have a claim against a government entity. These cases have shorter deadlines—typically 90 days to file a notice of claim. Our firm has experience handling these time-sensitive and complex claims.
Who pays my medical bills if I’m injured in an accident?
Initially, your no-fault insurance (or the at-fault party’s in certain circumstances) covers medical expenses. Once your case is resolved, additional compensation may come from the defendant’s insurance. We coordinate with your healthcare providers and insurers to ensure coverage and prevent unnecessary out-of-pocket costs.
What if I was injured in a building or on a sidewalk in NYC?
Property owners, including landlords and businesses, must maintain safe premises. If you slipped, tripped, or were otherwise injured due to a hazard, you may have a premises liability claim. We investigate quickly and preserve evidence like video footage and maintenance records.
Why should I choose Cohan Law Firm for my personal injury case?
At Cohan Law, we bring personalized, aggressive representation to every client we serve. We know the New York court system inside and out—from Manhattan and Brooklyn to Queens, the Bronx, and Long Island. Whether you’re recovering from a car crash, a fall, or another injury, we fight for the compensation you deserve and don’t get paid unless we win.
What is the average personal injury settlement in New York?
Settlement amounts vary widely depending on the nature and severity of the injury, liability, and insurance coverage. In New York, settlements can range from several thousand dollars to millions. At Cohan Law PLLC, we assess the full value of your case and fight for the highest possible recovery.
What is the personal injury threshold in NY?
For auto accidents, the threshold refers to the “serious injury” requirement under Insurance Law § 5102(d). To file a lawsuit beyond no-fault benefits, your injury must meet this threshold—such as a fracture, disfigurement, or significant limitation. We help determine if your case qualifies for a lawsuit.
Is personal injury protection (PIP) required in New York?
Yes. New York mandates all auto insurance policies include at least $50,000 in Personal Injury Protection (PIP), which covers medical expenses and lost wages regardless of fault. Our team ensures you receive the full benefits owed and explores options for additional compensation.
How much can you sue for pain and suffering in NY?
There’s no cap on pain and suffering damages in New York. The amount depends on injury severity, medical evidence, and the impact on your life. At Cohan Law, we present strong documentation and testimony to support your non-economic damages claim.
How much are most personal injury settlements?
Settlements vary by injury type, liability, and insurance coverage. Minor injuries might settle for $10,000–$30,000, while severe cases can reach hundreds of thousands or more. We evaluate all aspects of your case to demand maximum compensation.
What is the bodily injury liability limit in NY?
The minimum required is $25,000 per person and $50,000 per accident. However, many drivers carry higher limits. If your damages exceed these limits, we may seek compensation from excess coverage or personal assets. We explore every option to cover your losses.
What counts as a serious injury in a New York auto accident?
Examples include fractures, disfigurement, permanent limitations, and any medically determined injury preventing daily activities for 90 of 180 days. We work with medical professionals to document and prove your injury meets the threshold for a lawsuit.
What happens if someone sues you for more than your insurance covers?
If a verdict exceeds your policy limits, the defendant may be personally liable for the balance. This highlights the importance of underinsured motorist coverage and legal counsel. We ensure clients pursue all available coverage, including SUM/UM policies.
What is the statute of limitations for personal injury in New York?
You generally have three years from the date of the injury to file a lawsuit. If the claim involves a municipality or government entity, notice of claim deadlines may apply within 90 days. We monitor all legal timelines so your rights are fully protected.
How hard is it to win a personal injury lawsuit?
Winning depends on proving liability and damages. While some cases settle quickly, others require expert testimony, thorough documentation, and aggressive advocacy. At Cohan Law PLLC, we build strong cases from day one and fight tirelessly to win for our clients.