New York Personal Injury Lawyer FAQ: Your Questions Answered

This New York personal injury lawyer FAQ answers the questions our clients ask most often: Do I have a case? How much will it cost? How long will it take? What types of accidents do you handle? And is there a time limit to file? The answers are based on New York law and The Orlow Firm's 40-plus years of experience in Queens and across New York City.

After an accident, most people are overwhelmed. You are dealing with injuries, missed work, and medical bills. Insurance adjusters start calling before you have had a chance to think, all while you are still trying to figure out what your rights even are. The questions below are the ones our attorneys hear every single day from injured New Yorkers.

The answers here give you a clear starting point. They are not a substitute for advice about your specific situation. The Orlow Firm has been a father-and-sons practice in Queens since 1982, and we work on a contingency fee. That means there is no fee unless we win your case.

"Do I Even Have a Case?"

Not every accident is a legal case. To bring a personal injury claim in New York, three things generally must be true. Someone owed you a duty of care. They breached that duty. And that breach caused your injury and resulting damages. This framework of duty, breach, causation, and damages is the foundation of every negligence claim.

In practice, breach often looks ordinary. A grocery store leaves a wet floor with no warning sign. A driver runs a red light. A landlord ignores a broken front-door lock and someone is assaulted in the lobby. Each of these can point to a failure to act reasonably, which is the heart of a negligence case.

It is worth knowing that New York follows a forgiving fault rule. Even partial fault on your part does not automatically end your claim (more on that below). The honest answer to "do I have a case?" is that you may. The only reliable way to find out is to have an attorney review the facts. We never recommend trying to self-diagnose your claim, because the details that determine value and liability are easy to miss without legal experience.

"How Much Will My Case Cost? Do I Pay Anything Upfront?"

You pay nothing upfront. The Orlow Firm handles personal injury cases on a contingency fee basis. That means our fee comes out of the recovery we obtain for you. If we do not win, you owe no attorney fee at all.

Under New York's court-regulated rules, the standard contingency fee in most personal injury cases is one-third of the net recovery. Contingency fees exist so that injured people can afford skilled representation regardless of their financial situation, as the New York City Bar Association explains. The fee structure is governed by court rule (22 NYCRR § 691.20 and related Appellate Division rules), not set arbitrarily by individual firms.

The initial consultation is always free. There is no cost simply to call and ask whether you have a claim. For many people, that single phone call removes the biggest barrier to getting answers.

"What Types of Accident Cases Do You Handle?"

The Orlow Firm handles a broad range of personal injury matters across all five boroughs, with our main office in Queens. The most common case types include:

• Motor vehicle accidents: car, truck, bus, motorcycle, bicycle, and pedestrian collisions
• Rideshare accidents involving Uber, Lyft, and other services
• Construction accidents, including scaffold and ladder falls protected under New York Labor Law
• Slip, trip, and fall and premises liability: icy sidewalks, defective stairs, wet floors
• Lead paint poisoning, especially in older housing and NYCHA buildings
• Dog bites, nursing home abuse, police misconduct, and wrongful death

We also handle injuries that occur in short-term rentals, such as Airbnb properties. Under New York law, those are generally treated the same as any other premises liability claim. The property owner and host can be responsible for unsafe conditions. Claims involving the New York City Housing Authority (NYCHA) follow special procedures, including strict notice requirements covered in the deadlines section below.

"Is There a Time Limit to File a Case?"

Yes, and missing the deadline almost always ends a case permanently, even a strong one with clear evidence. New York calls this deadline the statute of limitations, and it varies by claim type:

• Standard personal injury: generally three years from the date of the accident (CPLR § 214)
• Wrongful death: generally two years from the date of death (EPTL § 5-4.1)
• Claims against New York City or government agencies (such as NYCHA, the MTA, or the City of New York): a notice of claim must usually be filed within 90 days of the accident, and the lawsuit must typically be filed within one year and 90 days, under General Municipal Law § 50-e

Lead paint poisoning deadlines can be more complicated. When an injury is not immediately apparent, the clock may run from the date the condition is discovered or diagnosed rather than the date of exposure. But if the claim is against NYCHA, the 90-day notice requirement still applies.

These rules carry exceptions, and a single missed step can be fatal to an otherwise valid claim. You can review the official deadlines on the New York Courts statute of limitations page. Even so, you should not rely on a chart alone to determine your specific deadline. The practical takeaway is simple: do not wait. The sooner you speak with an attorney, the more options you preserve.

"What Languages Does The Orlow Firm Speak?"

The Orlow Firm serves clients in English and Spanish. Se Habla Español. We are a Queens-based firm in one of the most linguistically diverse places on earth. Being able to communicate clearly with injured New Yorkers and their families matters — it is not optional.

If you or a loved one is more comfortable in a language other than English, let us know when you call. We will make sure you understand every step of the process and feel confident in the decisions you are making about your case.

"How Do I Know If Someone Else Was at Fault?"

New York follows a rule called pure comparative negligence. This means that even if you were partly responsible for what happened, you can still recover compensation. Your award is simply reduced by your percentage of fault. So being partially at fault does not bar your claim the way it would in some other states.

This matters because insurance companies routinely try to shift as much blame onto the injured person as possible. Every percentage point of fault they assign to you lowers what they have to pay. Having an attorney who can document the other side's responsibility is often the difference between a fair recovery and a lowball offer.

Fault frequently rests with a property owner or another driver in ways that are not obvious at first. Say you slipped on an icy sidewalk. The property owner may be liable, because New York City Administrative Code § 16-123 requires owners to clear snow and ice from adjacent sidewalks within set hours after a storm ends. In a rideshare or Uber collision, the process resembles a standard car accident claim. The key early step is gathering information from every party and vehicle involved.

"What Is the Number One Thing Clients Wish They Had Done Differently?"

By far the most common regret our attorneys hear is not carrying enough auto insurance before the accident ever happened. New York requires drivers to carry at least $25,000 per person in uninsured motorist (UM) coverage. But underinsured motorist (UIM) coverage is optional, and skipping it can be devastating.

Here is why it matters so much. Suppose the driver who hurt you has little or no insurance, and you do not have UM or UIM coverage on your own policy. Your recovery can be severely limited no matter how clear the other driver's fault is. New York's Supplementary Uninsured/Underinsured Motorist (SUM) coverage fills exactly this gap, and clients who passed on it often regret it deeply.

The second most common regret is waiting too long to get medical care. Gaps between the accident and treatment give insurers an opening to argue that your injuries were not serious or were caused by something else. Seeing a doctor promptly protects both your health and your claim.

"What Are the Most Important Factors in Winning a Personal Injury Case in New York?"

Three things drive the strength of a personal injury case: liability, documentation, and damages. Proving the other party was at fault is the starting point. Without liability, there is no claim. But liability alone is not enough.

Evidence quality often decides outcomes. Photographs of the scene, medical records, witness statements, and police or accident reports all build the picture of what happened and how badly you were hurt. In a slip and fall, photographing the hazard as soon as possible after the fall is the single most valuable step you can take. Dangerous conditions get cleaned up, repaired, or change with the weather within hours.

Prompt medical treatment matters here too, for the same reason it appears in the regrets above. Delays create gaps that insurers exploit. Finally, the insurance coverage available on the other side sets a practical ceiling on recovery. Even a strong case can yield a limited result if the responsible party is uninsured or underinsured. Some of what surfaces in a case is outside anyone's control. But liability plus thorough documentation plus well-proven damages is the combination that consistently produces results.

"What Are the Most Common Accident Scenarios in NYC?"

A few patterns come up again and again in New York City injury cases. Knowing them is less about fear and more about understanding where risk concentrates:

• Major Queens corridors like Queens Boulevard. Long nicknamed the "Boulevard of Death," Queens Boulevard underwent a multi-year Department of Transportation redesign completed in 2024 that added protected bike lanes and pedestrian safety improvements. Safety has improved meaningfully, but its width and complexity still warrant real caution.
• Bicycle collisions. As bike share expands and more new riders take to the streets, bicycle accidents have been rising across Queens.
• Winter slip and falls. Snow and ice claims spike every winter, and property owners are legally required to keep their sidewalks clear.
• Construction sites. New York's strict Scaffold Law (Labor Law §§ 240 and 241) gives injured workers strong protections after falls and falling-object accidents.
• NYCHA and older buildings. Broken locks, poor lighting, and lead paint in aging housing can all form the basis of a premises liability claim.

Encouragingly, the broader trend is positive. New York City ended 2025 with the fewest traffic deaths ever recorded, with Queens fatalities down roughly 23 percent. Progress is real, but so is the need to stay careful.

"Are Many People Incorrectly Told They Don't Have a Case?"

Yes, more often than most people realize. Other firms decline cases for all kinds of reasons that have nothing to do with whether the case is actually viable. A full caseload, a different area of focus, or a quick first read that misses important facts can all lead to a no. A rejection from one firm is not a verdict on your claim.

Over four decades, The Orlow Firm has taken on cases that other firms turned away and gone on to obtain successful results. If you have been told you do not have a case, getting a second opinion from a different personal injury attorney is almost always worth doing. There is no cost and no obligation to find out where you really stand.

"How Long Will My Personal Injury Case Take in New York?"

There is no single answer. Timing depends on the complexity of the case, the severity of your injuries, and how willing the insurance company is to settle fairly. It also depends on whether the matter ends up in litigation. That said, some general ranges help set expectations.

Cases that settle before a lawsuit is filed often resolve within roughly 4 to 12 months. Once a lawsuit is filed, the timeline can stretch from about 18 months to several years, depending on court schedules and how hard the case is fought. More serious injuries usually take longer to resolve. Your damages cannot be calculated accurately until your medical condition stabilizes and the full extent of your losses is clear.

The vast majority of personal injury cases settle before trial. The most important thing to understand is this: do not let timeline pressure push you into accepting a low early offer. A quick settlement that fails to cover your future medical needs is not a good outcome, no matter how fast it arrives.

Related Questions

What should I do immediately after an accident in NYC?

If you can do so safely, photograph the scene, the hazard or vehicles, and your visible injuries. Collect names and contact information from everyone involved and any witnesses. Make sure an official report is created, either a police report for a collision or an incident report for a fall. Seek medical attention right away, even if you feel only mildly hurt.

What is a contingency fee in a personal injury case?

A contingency fee means your attorney is paid only if your case succeeds. Your attorney takes an agreed percentage of the recovery rather than charging hourly bills. In New York, the standard personal injury contingency fee is one-third of the net recovery, regulated by court rule. If there is no recovery, you owe no attorney fee.

Can I sue NYCHA for injuries in my building?

Yes, you may be able to bring a claim against the New York City Housing Authority for dangerous conditions such as broken locks, inadequate lighting, or lead paint. NYCHA claims follow strict government procedures, including a notice of claim that must be filed within 90 days of the incident. Contact an attorney quickly — these deadlines are short and unforgiving.

Can I recover compensation if I was partially at fault in New York?

Yes. New York uses pure comparative negligence, so you can recover even if you were partly responsible. Your compensation is reduced in proportion to your share of fault — if you are found 20 percent at fault, your award is reduced by 20 percent. This is why having a personal injury attorney document the other side's responsibility matters so much.

This article provides general information about New York personal injury law and is not legal advice. Every case is different, and laws and deadlines have exceptions that may apply to your situation. Contact an attorney to discuss the specific facts of your case.

Sources & Official Resources

New York Laws Cited

1. CPLR § 214 — Statute of Limitations (Personal Injury, 3 Years)
2. CPLR § 1411 — Pure Comparative Negligence
3. EPTL § 5-4.1 — Wrongful Death Statute of Limitations (2 Years)
4. General Municipal Law § 50-e — Notice of Claim (90-Day Requirement)
5. General Municipal Law § 50-i — Lawsuit Against Municipality (1 Year and 90 Days)
6. New York Labor Law § 240 — Scaffold Law (Height and Gravity-Related Accidents)
7. New York Labor Law § 241 — Construction Site Safety

NYC Laws Cited 8. NYC Administrative Code § 16-123 — Snow and Ice Removal by Property Owners

Statistics Sources 9. NYC DOT — Traffic Deaths Reach All-Time Low (2025 Year-End Report) 10. NYC DOT — Queens Boulevard Redesign Completion (2024)

Helpful Resources 11. New York Courts — Statute of Limitations Reference Table 12. NY DFS — Minimum Auto Insurance Requirements (Including UM Coverage)

Contact The Orlow Firm

If you were injured in an accident and still have questions this page did not answer, the best next step is to speak directly with one of our attorneys. There is no cost and no obligation — just clear answers about your specific situation.

The Orlow Firm has helped injured people throughout Queens and across New York City for more than 40 years. As a father-and-sons practice, your case is handled with the personal attention of an experienced attorney, not passed off to a junior associate.

Call (646) 647-3398 for your free consultation. We work on contingency, so you pay nothing unless we win your case. With four NYC offices, we can meet you wherever is convenient, and if you cannot come to us, we can come to you.

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