New York Personal Injury Lawyer

Last updated on May 28, 2026

If you have been seriously hurt because of someone else’s carelessness, you are facing two fights at once. The first is your recovery — the surgeries, the rehabilitation, the time away from work and family. The second is a legal and insurance system that is built to pay you as little as possible, run by adjusters and defense lawyers who do this every single day.

At MJP Injury Law, we know that second fight from the inside. Before we represented injured people, our firm defended the insurance companies and corporations now sitting across the table. We know how they value claims, how they build defenses, and where those defenses break down. Today, that experience works for you — not against you. We represent injured people throughout New York City and Long Island, and we handle our own trials and appeals rather than handing your case off when it gets difficult.

This page explains what a personal injury claim in New York actually involves: the law that governs it, what your case may be worth, the deadlines that can end your case before it starts, and the step-by-step process from investigation through trial and appeal. If you would rather just talk to a lawyer, call 718-709-9678 for a free consultation.

What Is A Personal Injury Claim In New York

A personal injury claim is a civil action to recover money for harm caused by another party’s negligence or wrongful conduct. To recover, you generally must prove four things: that the defendant owed you a duty of care, that the defendant breached that duty, that the breach was a proximate cause of your injury, and that you suffered damages as a result.

New York personal injury law spans a wide range of cases, including:

• Motor vehicle accidents — car, truck, motorcycle, bicycle, pedestrian, and rideshare collisions
• Premises liability — slip and falls, trip and falls, sidewalk defects, negligent security, and dangerous property conditions
• Construction accidents — falls from heights, falling-object injuries, and claims under New York’s Labor Law
• Medical malpractice — injuries caused by a departure from accepted standards of medical care
• Nursing home negligence and abuse — harm to vulnerable residents of long-term care facilities
• Product liability — injuries caused by defective or unreasonably dangerous products
• Wrongful death — claims brought on behalf of the family of a person killed by another’s negligence

Each of these case types has its own legal framework, and several of them — particularly construction and premises cases — turn on New York–specific statutes that do not exist in other states. The sections below explain the principles that apply across all personal injury claims; our individual practice area pages go deeper into each specific type of case.

What Makes MJP Injury Law Different

Most personal injury firms have only ever sat on one side of the table. Our perspective is different, and it changes how we prepare and value your case.

We learned how the defense thinks by being the defense. Earlier in his career, Michael J. Prisco defended insurance carriers and corporations against personal injury claims. That meant evaluating claims for settlement value, building defenses, taking the depositions of injured plaintiffs, and arguing the motions the defense uses to limit, delay, or dismiss claims. We know those strategies because we used to run them — and now we anticipate and dismantle them on behalf of injured people. From the venue a case is filed in, to the discovery demands served, to the arguments raised at trial, we prepare each case knowing exactly how the other side will try to attack it.

We handle our own trials and appeals. Many firms are quick to settle because they are not built to try a case, and even fewer can handle the appeal if something goes wrong. Michael J. Prisco tries cases and serves as trial and appellate counsel to other New York law firms, regularly briefing and arguing matters before the Appellate Division. That means two things for you: we prepare every case as if it will be tried, and we preserve the trial record carefully so that a hard-fought verdict can survive appeal. When the other side knows you are prepared to try the case — and to defend the result on appeal — settlement offers tend to reflect the real value of the claim.

We treat your case as a team effort. The best outcomes happen when the lawyer and client work together. We keep you informed, and we ask you to keep us informed — particularly about your medical treatment, because the nature and extent of that treatment is one of the most important factors in what your case is worth.

Representative Results

• $1.4 Million — Slip and fall accident causing a spinal injury that required surgery; Kings County
• $800,000 — Slip and fall on a negligently maintained property; Nassau County
• $750,000 — Motor vehicle collision causing a knee injury that required surgery; Bronx County

How Long Do You Have To File? New York Statutes Of Limitations

A statute of limitations is a legal deadline. If you do not start your lawsuit within the time the law allows, your claim is generally barred forever — no matter how strong it is. New York’s deadlines vary significantly depending on the type of claim and, critically, on who the defendant is.

General deadlines for the most common personal injury claims:

• General negligence (most car accidents, premises cases, etc.): 3 years from the date of the event
• Medical, dental, or podiatric malpractice: 2 years and 6 months from the event complained of
• Wrongful death: 2 years from the date of death
• Intentional torts (such as assault): 1 year from the act

These deadlines change for injured children. For most personal injury claims involving a minor, the statute of limitations is tolled (paused) until the child turns 18 — but this does not apply to every claim type, and notice-of-claim deadlines against government entities are generally not tolled in the same way.

The Notice Of Claim Trap

If your injury involves a city, county, town, village, school district, public authority, or other government entity, an ordinary lawsuit deadline is not your only concern. You usually must first serve a Notice of Claim, and the deadline is dramatically shorter — often 90 days from the date of the accident.

This requirement reaches more situations than people expect, including injuries involving:

• A city, county, town, village, or school district (governed by General Municipal Law § 50-e)
• The Metropolitan Transportation Authority (MTA) and New York City Transit
• The New York City Housing Authority (NYCHA)
• The Port Authority of New York
• The Long Island Rail Road
• The State of New York (claims generally proceed in the Court of Claims)

The specific deadlines, the entity you must sue, and the court you must sue in all vary depending on the public entity involved. Some entities require suit in Supreme Court; claims against the State and certain authorities (such as the Thruway Authority and the City University of New York) must be brought in the Court of Claims. Miss the short Notice of Claim window, and an otherwise valid case can be lost before it begins. This is one of the most important reasons to speak with a lawyer as soon as possible after an injury — especially any injury involving public property, a government vehicle, or public transit.

Because these deadlines are short and the rules are technical, you should not wait to seek legal advice. Call MJP Injury Law at (718) 709-9678 as soon as possible after an injury.

What Is My Personal Injury Case Worth?

There is no magic formula for valuing a personal injury case. Insurance companies value each claim based on what they believe a New York jury would award if the case went to trial. If the parties cannot agree, a jury decides — using, in the words often given in jury instructions, their common sense and life experience. Several concrete factors drive that value.

The nature and severity of the injury. More serious injuries — fractures, herniated spinal discs, injuries requiring surgery, scarring, and permanent impairments or disabilities — generally support larger awards. The type of injury is one of the single most important factors in a case’s value.

The amount and type of medical treatment, including surgery. The more extensive the treatment, and particularly whether surgery was required, the more a jury is likely to award. This is also why we ask clients to keep us continuously informed of their treatment and every provider they see: a complete and accurate medical record is essential to presenting the full extent of your injuries.

The cost of future medical care. Many serious injuries require ongoing or future treatment. The projected cost of that care — accounting for future inflation — is a recoverable element of damages and an important part of the case’s value.

Lost wages and lost earning capacity. Time missed from work and any long-term effect on your ability to earn are compensable.

The strength of the liability case. The more clearly the evidence establishes the defendant’s fault — clear violations of traffic laws, strong eyewitness testimony, documented dangerous conditions — the more leverage you have and the more a jury is likely to award.

The available insurance coverage. This is the factor clients least expect and one of the most decisive. A defendant with no liability insurance and no meaningful assets may be effectively “judgment-proof,” meaning even a strong claim with severe injuries may yield little actual recovery. By contrast, businesses, landlords, and property owners typically carry substantial general liability coverage — often $1 million or more for premises cases. New York’s minimum auto liability coverage, by comparison, is just $25,000, though many drivers carry more. Part of our pre-suit investigation is identifying every available policy and every responsible party, because finding the coverage is often the difference between a verdict on paper and money in your pocket.

The venue where the case is litigated. The county where your case is heard can meaningfully affect its value, because different courts and jury pools approach cases differently. This is discussed in more detail below.

The ceiling set by the appellate courts. New York’s Appellate Division has the power to review a jury’s award and decide whether it “deviates materially from what would be reasonable compensation” — reducing awards it finds excessive and increasing those it finds inadequate, by comparison to past verdicts in similar cases. We track these appellate decisions closely, so that when we evaluate a settlement or argue a damages case, we are working from what New York courts have actually allowed for comparable injuries.

Why Venue Matters — and Why Choosing It Is One of the First Strategic Decisions in Your Case

Where a case is litigated is not a mere formality. Because different counties have different jury pools and tendencies, the same injury can be worth substantially more in one county than in another. Bronx County juries, for example, have historically tended to return higher verdicts than juries in some suburban counties. That difference makes the choice of venue one of the most important early decisions in a personal injury case — and under New York’s rules, the plaintiff generally gets to make it first.

Under the CPLR, venue in most personal injury actions is proper in any county where one of the parties resides — and “residence” includes a corporate defendant’s principal place of business. In many cases, that gives the plaintiff more than one proper option. Consider an accident that happens in Nassau County, where the plaintiff and one defendant both reside, but another defendant — say, a corporation — maintains a principal place of business in the Bronx. Venue may be proper in either county. A plaintiff would generally choose the Bronx, because the case is likely to be valued higher there.

This is why, before a lawsuit is ever filed, an experienced plaintiff’s attorney conducts an in-depth venue analysis — examining where every party resides, where each corporate defendant maintains its principal place of business, and which proper venue is most advantageous for the client. Get this right at the outset, and you secure the benefit of the most favorable available forum from day one.

The defense knows exactly how much venue matters, and will scrutinize the plaintiff’s choice and move to change it under CPLR 510 wherever they can — for instance, by arguing that the basis for the chosen county does not actually hold up. But when venue is laid properly and supported by the facts, the plaintiff’s choice controls, and the defendant’s motion fails. Having handled venue disputes, we understand precisely how those challenges are mounted — which is why we build the venue foundation carefully before filing, so the most advantageous forum for your case is locked in and can withstand attack.

The New York Personal Injury Claim Process, Step by Step

Understanding the road ahead makes the process far less intimidating. Here is how a New York personal injury case generally proceeds.

1. Pre-Suit Investigation

Before a lawsuit is filed, we develop the theory of the case and gather the proof. Depending on the type of case, this includes:

• Identifying available insurance — locating and obtaining the liability policies that may compensate you
• Obtaining and reviewing your medical records — building a medical chronology that we update throughout the case
• Researching property ownership — in premises cases, identifying the legal owners and entities in control of the property so the correct defendants are named (we work with a premier New York land and title agency to obtain and analyze property records)
• Retaining liability experts — in product liability, medical malpractice, and certain dangerous-condition cases
• Gathering accident-specific evidence — in motor vehicle cases, obtaining police reports, identifying witnesses, running DMV searches, and confirming available coverage

2. Starting the Lawsuit

The injured party (the plaintiff) sues the responsible parties (the defendants) by filing a summons and complaint after purchasing an index number from the court. The defendant must then be properly served, and an affidavit of service is filed with the court. The defendant typically has 20 to 30 days to respond, depending on how service was made, by serving an answer or, less commonly in injury cases, a motion to dismiss. If a defendant fails to respond, the plaintiff can seek a default, though a default is often a warning sign that the defendant lacks the assets or insurance to actually pay a judgment.

3. Discovery

Discovery is the pre-trial phase in which both sides exchange information and test the strengths and weaknesses of the case. It includes:

• Combined demands — the standard discovery requests exchanged at the outset (medical authorizations and records, photographs, accident and police reports, witness information, and more)
• The Bill of Particulars — the plaintiff’s detailed outline of the claim: the defendant’s alleged negligence, the date and time of the accident, and the injuries claimed
• The Preliminary Conference — the first court conference, where the court issues a discovery schedule setting deposition dates, the date for the independent medical examination, the compliance conference date, and the note of issue deadline
• Depositions — sworn, out-of-court testimony recorded by a court reporter; the plaintiff is typically deposed first, then the defendant
• The Independent Medical Examination (IME) — an examination of the plaintiff by a doctor retained by the defense, usually within about 60 days of the plaintiff’s deposition; the plaintiff retains their own medical expert in rebuttal

If a party refuses to respond to discovery, the remedy is a motion to compel, and ultimately court-imposed sanctions. New York courts typically require a defendant to violate several orders before imposing serious sanctions, so obtaining compliance can take persistence and multiple motions.

Discovery is also where many of the most important legal fights happen — over what medical records are discoverable, whether a plaintiff has placed a prior condition “in controversy,” and what social media or other material the defense can obtain. These are areas where experienced handling materially affects the outcome.

4. The Note of Issue and Trial Calendar

When discovery is complete, the plaintiff files a note of issue certifying the case is ready and placing it on the court’s trial calendar. New York courts are heavily backlogged, and a case can sit on the trial calendar for a year, two years, or longer before it is sent out for trial. During this period, the court holds periodic pre-trial conferences to monitor the case and encourage settlement, often with a judge or court mediator helping the parties negotiate.

5. Settlement or Trial

Most cases resolve by settlement — an agreement by the defendant to pay a specific sum. Cases that do not settle go to trial, which generally proceeds through:

• Jury selection (voir dire) — questioning potential jurors to seat a fair panel
• Opening statements — each side’s overview of what the evidence will show
• The plaintiff’s case in chief — presenting evidence and witnesses, including the plaintiff’s own testimony on direct examination, followed by cross-examination by the defense
• The defense case, closing arguments, jury instructions, and deliberations
• The verdict — the jury’s decision on liability and, if the defendant is liable, the amount of damages

6. Post-Trial Motions and Appeals

After a verdict, the losing party can file post-trial motions — to set aside the verdict (judgment notwithstanding the verdict), for a new trial, or to reduce a damages award the defendant claims is excessive. If those motions fail, the dissatisfied party can appeal, generally by filing a notice of appeal within 30 days of the judgment, followed by appellate briefs and, in many cases, oral argument before a panel of appellate judges.

This last stage is where our practice stands apart. Because we handle our own appeals — and brief and argue appeals for other firms — we build the trial record with the appeal in mind, and we are equipped to protect your verdict or challenge an adverse result all the way through the Appellate Division.

Frequently Asked Questions

How much does it cost to hire MJP Injury Law, Michael James Prisco, Esq.?

Nothing upfront. We handle personal injury cases on a contingency fee basis, meaning our fee is a percentage of the recovery and we are only paid if we recover for you. The initial consultation is free.

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

For most negligence claims, the deadline is three years from the date of the accident. But it is shorter for some claims — two years and six months for medical malpractice, two years for wrongful death — and dramatically shorter when a government entity is involved, where a Notice of Claim is often due within 90 days. Because the rules are technical and the deadlines are unforgiving, you should speak with a lawyer as soon as possible.

Do I have to file a Notice of Claim?

If your injury involves a city, county, school district, public authority, public transit system (such as the MTA or LIRR), public housing, or the State of New York, then yes — and usually within 90 days of the accident. The specific deadline and the court in which you must sue depend on the entity involved.

What is my case worth?

It depends on the severity of your injury, the medical treatment required (especially surgery), your future medical needs, lost wages, the strength of the liability evidence, the available insurance coverage, and the venue. No lawyer can promise a specific figure, but we evaluate your case against what New York appellate courts have actually allowed for comparable injuries.

Will my case settle or go to trial?

Most personal injury cases settle, but the cases that achieve full value are usually the ones prepared as if they will be tried. We prepare every case for trial — and, when necessary, for appeal — which is often what drives a fair settlement.

Should I talk to the insurance adjuster before hiring a lawyer?

No. The adjuster’s job is to minimize what the company pays. Anything you say, especially in a recorded statement, can be used to reduce or deny your claim. Speak to a lawyer first — at no cost.

Can I still recover if the accident was partly my fault?

Often, yes. New York follows a pure comparative negligence rule, which generally allows an injured person to recover even if partially at fault, with the recovery reduced by their percentage of fault. How fault is apportioned is frequently contested, which is another reason experienced representation matters.

Serving Injured Clients Across New York

From our main office in the Bronx and our Long Island office in Massapequa, MJP Injury Law represents injured people throughout the New York City metropolitan area and Long Island, including:

• Bronx
• Queens
• Brooklyn
• Manhattan
• Staten Island
• Nassau County
• Suffolk County

Contact a New York Personal Injury Lawyer Today

If you or someone you love has been seriously injured, the sooner you have an experienced advocate, the better protected your rights will be. Evidence disappears, witnesses move, and the deadlines described above can run before you realize it. There is no cost to find out where you stand.

Call 718-709-9678 for a free, confidential consultation, or contact us online. We don’t get paid unless we recover for you.

MJP Injury Law — Michael James Prisco, Esq.

Bronx (Main Office)

3425 E Tremont Ave, Suite 3

Bronx, NY 10465

718-709-9678

Long Island Office

187 Veterans Blvd

Massapequa, NY 11758

(516) 212-7559

Open every day, 8:00 a.m. – 10:00 p.m.

 

Attorney advertising. Prior results do not guarantee a similar outcome. The information on this page is for general informational purposes only and does not constitute legal advice.