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Frequently Asked Questions

Below are answers to questions clients ask most often. If your situation isn’t covered here, contact MJP Injury Law for a free, confidential consultation — by phone, video, or in person at our Bronx or Long Island offices.

Working With the Firm

Are there any upfront costs to working with MJP Injury Law on a personal injury case?

No. MJP Injury Law accepts personal injury cases on a contingency-fee basis only. Clients pay nothing up front — no retainer, no hourly fees, no consultation charges. The firm fronts the costs of investigators, expert witnesses, court filing fees, deposition transcripts, and trial preparation, and recovers those costs only out of any settlement or verdict obtained. If the case does not result in a recovery, the client owes the firm nothing for fees or expenses.

Does MJP Injury Law have an office near me?

The firm operates two New York offices. The Bronx location is at 3425 East Tremont Avenue in the Throgs Neck section, convenient to clients throughout the Bronx, Manhattan, upper Westchester, and northern Queens. The Long Island location is at 187 Veterans Boulevard in Massapequa, convenient to clients throughout Nassau County, western Suffolk County, and southeastern Queens. The firm represents clients throughout all five boroughs of New York City, Long Island, and adjacent communities, with cases handled in New York State Supreme Court and the U.S. District Courts for the Eastern and Southern Districts of New York.

Who will be the attorney handling my case at MJP Injury Law?

Michael J. Prisco personally handles every case the firm accepts. That means Mr. Prisco — not a junior associate, not a paralegal, not a call center — is the person taking depositions, appearing in court, negotiating with insurance carriers, and trying the case if it doesn’t settle. Clients have direct phone and email access to him throughout the matter. This is a deliberate choice rooted in the firm’s intentionally focused size; it’s also the practice clients most consistently mention in their reviews.

Why should I hire MJP Injury Law instead of another personal injury firm?

Two reasons most clients identify after retaining the firm. First, Michael J. Prisco spent the early part of his career on the defense side — representing major insurance companies and corporations against personal injury claims. That insider perspective on how insurers value, investigate, and defend cases is now applied entirely on behalf of plaintiffs, which means the firm anticipates defense strategies before they’re deployed. Second, the firm prepares every case as if it will be tried rather than as if it will settle, which typically produces full-value settlement offers when settlement is the right outcome — and a credible willingness to try the case when it isn’t.

Can I schedule a consultation with MJP Injury Law for my injury case?

Yes — the firm offers free, confidential initial consultations and is currently accepting new personal injury clients from both the Bronx and Long Island offices. Consultations can be conducted in person at either office, by phone, or by video. For clients who are hospitalized or homebound after a serious injury, the firm can arrange to meet at the client’s location. There is no obligation to retain the firm after the consultation, and anything discussed remains confidential under the attorney-client privilege rules whether or not representation begins.

What types of personal injury cases does MJP Injury Law take on?

The firm represents plaintiffs across the full range of New York personal injury matters: motor vehicle accidents (including cars, trucks, motorcycles, bicycles, pedestrians, and rideshare vehicles); construction site injuries under Labor Law §240(1), §241(6), and §200; trip-and-fall, slip-and-fall, and other premises liability matters; sidewalk defect claims governed by NYC Administrative Code §7-210; bus accident claims against the MTA, NYCTA, and private bus operators; wrongful death actions; medical malpractice; product liability; and catastrophic injury cases involving traumatic brain injury, spinal cord injury, and other permanent injuries.

Deadlines and Legal Process

What is the deadline to file a personal injury lawsuit in New York?

The deadline depends on the type of claim and the identity of the defendant. Standard personal injury claims must be filed within three years under CPLR §214. Medical malpractice claims have a shorter 2 ½-year window under CPLR §214-a. Wrongful death claims must be brought within two years of the death under EPTL §5-4.1. If the defendant is a public entity — the City of New York, the MTA, NYCTA, NYCHA, or another municipality or public authority — a Notice of Claim must be served within 90 days of the incident under General Municipal Law §50-e, with the lawsuit itself typically due within one year and 90 days. Missing any of these deadlines can permanently extinguish an otherwise valid claim, which is why early legal consultation matters.

Read more on related topics: Navigating a New York Injury Lawsuit From Start to Finish

How long does a personal injury case typically take in New York?

Most New York personal injury cases resolve within 18 to 36 months from filing, though serious-injury cases involving extensive medical treatment, multiple defendants, or contested liability can take significantly longer. The biggest variables are: the time required for medical treatment to plateau so that damages can be accurately assessed (settling too early generally means leaving money on the table); the defendant’s willingness to negotiate in good faith versus forcing the case to trial; and the trial calendar backlog of the particular court. Some New York courts can hold cases on the trial calendar for two or more years even after discovery is complete. The firm moves cases forward as efficiently as the system permits and keeps clients informed at each stage — pre-suit investigation, lawsuit filing, discovery, motion practice, settlement negotiation, and trial if necessary.

Read more on related topics: Navigating a New York Injury Lawsuit From Start to Finish

What happens during the discovery phase of my personal injury case?

Discovery is the pre-trial phase where both sides exchange documents, information, and testimony to build their respective cases. It begins after the defendant files an Answer to the Complaint and continues until the case is certified ready for trial through the filing of a Note of Issue. Key discovery activities include: serving and responding to written demands for documents and information; preparing a Bill of Particulars (a structured outline of the plaintiff’s claims and damages); attending the Preliminary Conference, where the court sets a discovery schedule; conducting depositions of the parties and key witnesses; submitting the plaintiff to an Independent Medical Examination by a physician hired by the defense; and exchanging expert disclosures. Discovery in New York typically takes 12 to 24 months depending on case complexity and court backlog. The point of discovery is twofold: it forces the development of the evidentiary record needed for trial, and it allows both sides to evaluate strengths and weaknesses so that informed settlement discussions can occur.

What is a deposition and what should I expect at mine?

A deposition is sworn testimony given outside the courtroom, before trial, with a court reporter present. As the plaintiff in a personal injury case, you’ll typically be deposed by the defendant’s attorney first, with your own attorney present and able to object to improper questions. You’ll be asked about how the accident happened, your medical treatment, your prior medical history, your work and earnings, and the ways the injury has affected your life. The transcript becomes part of the case record and can be used at trial — which is why preparation matters and why your attorney will meet with you before the deposition to walk through likely topics, the rules for answering, and common defense tactics. Defendants are also deposed, and your attorney conducts that questioning. A typical plaintiff deposition lasts somewhere between two and six hours depending on case complexity.

Case Value and Compensation

What factors determine the value of my personal injury case?

Personal injury case value in New York depends on a combination of factors that work together rather than any single element. The most significant are: (1) the type and severity of injury — fractures, herniated discs, scarring, traumatic brain injuries, and permanent disabilities each carry different valuation ranges based on past jury verdicts; (2) the amount and type of medical treatment, including whether surgery was required and the projected need for future care; (3) the strength of the liability case — clear violations of statute or strong evidence of negligence increase value, while disputed liability tends to depress it; (4) the available insurance coverage, which functions as a practical ceiling on recovery in most cases; (5) the venue where the case will be tried, since juries in different New York counties have meaningfully different verdict patterns; (6) lost earnings, both past and projected; and (7) appellate court precedent on similar injuries, which sets the rough ceiling on what a jury verdict can survive on appeal.

What happens if the person who hurt me doesn’t have insurance?

An uninsured at-fault party significantly complicates a personal injury case but doesn’t automatically end it. Several alternative recovery sources may apply. In motor vehicle cases, your own auto policy’s Supplementary Uninsured/Underinsured Motorist (SUM) coverage typically responds when the at-fault driver has no insurance or insufficient coverage. The Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide coverage for victims of unidentified or uninsured drivers, subject to strict notice requirements under Insurance Law §5202. In premises liability and construction cases, multiple potentially liable defendants — owners, contractors, subcontractors, equipment manufacturers, maintenance companies — often have separate insurance policies that may cover the loss. The firm’s pre-suit investigation includes identifying every available coverage source so that a lack of insurance from one defendant doesn’t end the case. That said, when no insurance and no significant assets exist anywhere in the case, even a strong liability claim may not produce a meaningful recovery.

Can I still get compensation if I was partly responsible for the accident?

Yes. New York is a “pure comparative negligence” state under CPLR §1411, which means your recovery is reduced by your percentage of fault but is not eliminated even if you’re substantially at fault. A plaintiff found 40% at fault still recovers 60% of the awarded damages; a plaintiff found 80% at fault still recovers 20%. Insurance adjusters routinely overstate the injured person’s share of fault as a tactic to lower settlement offers. Pushing back on inflated comparative fault claims — with witness statements, accident reconstruction, surveillance video, and physical evidence — is a meaningful part of what a personal injury attorney does.

What if I can’t afford to pay for medical treatment after my injury?

Lack of health insurance does not have to delay your medical care. In motor vehicle cases, New York’s no-fault law under Insurance Law §5102 requires the at-fault vehicle’s insurer (or your own, depending on the circumstances) to pay for medically necessary treatment regardless of who caused the accident, up to $50,000 per person. In other types of cases — trip-and-fall, premises liability, construction, and similar — many treating providers will accept a “letter of protection,” which is a written agreement that the medical bill will be paid out of the eventual settlement or verdict. The firm helps clients arrange treatment under these protocols so the absence of health insurance never blocks needed care.

Read more on related topics: Navigating No-Fault Insurance After a Motor Vehicle Accident in New York

Trip and Fall and Premises Liability

How does a slip and fall differ from a trip and fall under New York law?

The legal framework is similar but the factual investigations differ. A slip and fall typically involves a slippery surface — water, ice, freshly mopped floors, leaking refrigeration, or other transitory conditions that cause a foot to slide out. The investigation focuses on cleaning protocols, inspection logs, and weather records (when snow or ice is involved). A trip and fall typically involves a raised, broken, or uneven walking surface — defective sidewalk flags, broken stairs, torn carpeting, exposed obstructions, or non-code-compliant transitions. The investigation focuses on engineering measurements of the defect, building code analysis, and prior notice records like 311 complaints and inspection reports. Both turn on whether the property owner created the condition or had actual or constructive notice of it and failed to address it within a reasonable time.

What is the “trivial defect” defense in a New York trip and fall case?

The “trivial defect” defense is a common defense argument in trip and fall cases asserting that the condition responsible for the fall was too minor — physically insignificant or de minimis — to be legally actionable. The New York Court of Appeals decision in Hutchinson v. Sheridan Hill House Corp., 26 N.Y.3d 66 (2015), made clear that there is no rigid minimum-dimension test. A small height differential or other physically minor defect can still be actionable when its intrinsic characteristics or surrounding circumstances magnify the danger — such as a jagged edge, a rough or irregular surface, the presence of nearby defects, or a location like a busy New York City sidewalk where pedestrians are naturally distracted. Courts evaluate the width, depth, elevation, irregularity, and appearance of the defect along with the time, place, and circumstances of the injury, and the question typically goes to the jury rather than being decided by the court as a matter of law.

How small does a sidewalk crack or height difference have to be before a trip and fall case is viable?

There is no fixed minimum size or height differential under New York law. As the Court of Appeals confirmed in Hutchinson v. Sheridan Hill House Corp., the determination is contextual rather than dimensional. That said, NYC Administrative Code §19-152 specifically requires property owners to repair vertical sidewalk grade differentials of one-half inch or greater, and case law treats those defects as actionable as a matter of law when the property owner had actual or constructive notice. Smaller defects can still be actionable based on the surrounding circumstances. The investigation in any sidewalk case includes precise measurement of the defect with calibrated tools, contextual photography showing surrounding conditions, and documentation of any features (jagged edges, prior repairs, traffic patterns) that magnify the danger.

What is the “open and obvious” doctrine and how does it affect a trip and fall case?

The “open and obvious” doctrine is a defense argument that certain hazards are so visually apparent that a property owner has no duty to warn about them. New York courts apply the doctrine in two distinct ways. In the more common scenario, the open and obvious nature of a condition only relieves the property owner of the duty to warn — not the underlying duty to maintain the property in a reasonably safe condition. In that scenario, the openness of the hazard is relevant only to the plaintiff’s comparative fault, not to whether the case can proceed. In the narrower scenario, when a condition is both open and obvious AND not inherently dangerous as a matter of law, the case may be dismissed at summary judgment. Examples courts have found to fit the second category include narrow pathways readily seen, cardboard boxes in supermarket aisles, and metal wire baskets visible on store floors. Photographs are central to this analysis, and the absence of measurement evidence does not prevent the defense from being raised.

Read more on related topics: A Comprehensive Guide to Trip and Fall Accidents In New York

Can Google Maps street view photos be used as evidence in my trip and fall case?

Yes — and they’ve become increasingly important. Historic Google Maps street view imagery can establish that a sidewalk defect or hazardous condition existed for months or years before the accident, which directly supports the legal element of constructive notice against the property owner or municipality. Until recently, getting these images into evidence required subpoenas, certified business records, and authentication testimony — a slow and expensive process. A 2022 amendment to New York’s CPLR §4511(c) substantially streamlined this. The amended rule allows internet-sourced photographs to be admitted with proper notice to the opposing party and inclusion of clickable hyperlinks to the source, eliminating the previous authentication burden. The firm uses this tool routinely in sidewalk and premises cases to establish that long-standing defects were known or knowable to the responsible parties well before the accident occurred.

NYC Sidewalk Accidents

Who is responsible if I trip on a New York City sidewalk?

In most cases, the owner of the property abutting the sidewalk is responsible. Under NYC Administrative Code §7-210, owners of property next to a public sidewalk have a non-delegable duty to maintain the abutting sidewalk in a reasonably safe condition and are liable for injuries caused by their failure to do so. Critical exceptions exist: §7-210 does not apply to one-, two-, or three-family residential properties that are owner-occupied and used exclusively for residential purposes. It also does not apply to certain areas that aren’t legally part of the sidewalk — tree wells, pedestrian ramps leading from street to sidewalk, and curbs all fall outside the statute’s reach. Where §7-210 doesn’t apply, the City of New York may be liable under common law, subject to the prior written notice requirements of NYC Administrative Code §7-201.

Who is responsible if I trip on a tree well, pedestrian ramp, or curb in New York City?

These three areas — tree wells, pedestrian ramps, and curbs — are not legally considered part of the “sidewalk” under NYC Administrative Code §7-210, even when located directly adjacent to the sidewalk. The Court of Appeals confirmed in Vucetovic v. Epsom Downs that tree wells fall outside the statute, and appellate courts have applied the same reasoning to pedestrian ramps (Gary v. 101 Owners Corp.) and curbs (Metzker v. City of New York). For these locations, the City of New York retains common-law responsibility — but only if the City had prior written notice of the specific defect under NYC Administrative Code §7-201, typically through a Big Apple Pothole map filing or a 311 complaint. This makes early evidence preservation critical: pulling Big Apple maps and 311 records often determines whether a viable case exists against the City.

Motor Vehicle Accidents and No-Fault Insurance

What steps should I take after being injured in a New York car accident?

Get medical attention immediately, even for injuries that seem minor — contemporaneous medical records are some of the most important evidence in any personal injury case. Call the police and obtain the report number; New York requires a police report for any accident with injury or property damage over $1,000. Photograph the vehicles, the scene, traffic controls, and any visible injuries. Get the names, phone numbers, and driver’s license information of all drivers and the contact information of any witnesses. Notify your own auto insurance carrier within 30 days to preserve your no-fault benefits — this is a hard deadline under New York Insurance Law §5102. Do not give a recorded statement to the other driver’s insurer before consulting an attorney. Consult a personal injury attorney as early as possible so investigation can begin while evidence is still available.

What is New York’s No-Fault insurance and how does it work?

New York No-Fault insurance, also called Personal Injury Protection or PIP, is a system that pays accident victims for medical bills, lost wages, and other essential out-of-pocket expenses without requiring proof of who caused the accident. Coverage limits are typically $50,000 per person. No-Fault covers economic losses only — it does not pay for pain and suffering, which can only be recovered through a separate negligence lawsuit against the at-fault driver. The application for No-Fault benefits must be submitted to the correct insurance company within 30 days of the accident. For occupants of a vehicle, the policy of the vehicle they were in pays. For pedestrians and bicyclists, the policy of the vehicle that struck them pays. Motorcycle riders generally don’t receive No-Fault benefits unless they purchased optional medical coverage. Bus passengers’ benefits come first from their own auto insurer or that of a household member, with the bus operator’s insurance paying only if no household auto coverage exists.

Should I use my health insurance to pay medical bills after a car accident?

Generally no. Health insurance carriers routinely deny coverage once they discover that the medical treatment relates to a motor vehicle accident, because New York No-Fault insurance is supposed to be the primary payer in that situation. Submitting bills to your health insurer first can complicate billing, create delays in treatment, and give the No-Fault carrier grounds to argue they’re not responsible. The correct sequence is: file a No-Fault application within 30 days of the accident, have your medical providers bill No-Fault directly, and let No-Fault pay first. Health insurance may come into play later as a secondary payer once No-Fault benefits are exhausted, but it should not be the first source. The exception is motorcycle accidents, where No-Fault benefits typically don’t apply and health insurance often becomes the primary payer for medical expenses.

Why don’t motorcyclists get the same No-Fault coverage as drivers in New York?

New York’s No-Fault Law specifically excludes motorcycle operators and passengers from standard PIP benefits as a matter of legislative design. Motorcyclists can purchase optional medical payments coverage at additional premium when they buy their motorcycle policy, but it’s not required and many riders don’t have it. If you’re injured on a motorcycle that collides with a car, truck, or other motor vehicle, you are still entitled to No-Fault benefits from the striking vehicle’s insurance the same as a pedestrian or bicyclist would be — that’s an important coverage avenue many injured motorcyclists don’t realize exists. If the crash was a single-bike incident with no other vehicle involved, your own health insurance typically becomes the medical payer, with emergency Medicaid available for uninsured riders. Because of these complexities, motorcycle accident cases often require careful identification of every available coverage source.

Can I sue if I was injured getting on or off a bus in New York City?

Yes. New York City bus operators owe their passengers a duty to provide a reasonably safe entrance and exit free of dangerous obstructions or defects. That duty extends to ensuring that passengers aren’t discharged or required to board into the path of known hazards like uneven sidewalks, potholes, or icy conditions. Bus accident claims in New York City typically run against the New York City Transit Authority (which operates most MTA buses) or the MTA Bus Company (which operates former private bus routes), and these are public entities subject to General Municipal Law §50-e and Public Authorities Law §1212 — meaning a Notice of Claim must be filed within 90 days of the accident or the claim is permanently barred. The City of New York may also be a proper defendant when the accident-causing condition is located within a designated bus stop area, including the sidewalk where passengers board and disembark. Multiple defendants are common in these cases.

Read more on related topics: Can You Sue For An Accident When Getting Off Or On A Bus

Construction Accidents

If I was hurt at work in construction, do I have to use Workers’ Comp only?

Often not. Workers’ Compensation is generally the exclusive remedy against your direct employer, but it almost never reaches the people who are actually most responsible at a New York construction site — the property owner and the general contractor. Under New York Labor Law §240(1) and §241(6), property owners and general contractors are independently liable for elevation-related accidents (falls from scaffolds, ladders, or roofs; being struck by falling materials) and for violations of the Industrial Code, regardless of the employer’s Workers’ Comp coverage. These third-party Labor Law claims run alongside the Workers’ Comp claim and typically produce far larger recoveries because they include pain and suffering, future lost earnings, and other damages Workers’ Comp does not cover.

What is New York Labor Law §240(1), the so-called “scaffold law”?

Labor Law §240(1) is one of the most important statutes for injured construction workers in New York. It imposes absolute liability on property owners, general contractors, and their statutory agents for elevation-related construction injuries — falls from scaffolds, ladders, roofs, and other heights, or being struck by falling materials or objects. Absolute liability means that, when the statute applies and a violation proximately causes the accident, owners and general contractors are responsible regardless of whether they supervised the work, regardless of whether the worker contributed to the accident, and regardless of contractual indemnity arrangements. The statute is liberally construed in favor of injured workers, and the New York Court of Appeals has repeatedly held that owners and contractors — not workers themselves — must bear ultimate responsibility for elevation-related safety because workers are generally not in a position to protect themselves from those hazards.

Schedule A Consultation Today With A New York Injury Attorney

Have a question that wasn’t answered above? Contact MJP Injury Law for a free consultation. Initial consultations are confidential and there is no obligation to retain the firm afterward. Call 718-709-9678 today.