An injury changes your week, your income and sometimes your health permanently. Meanwhile the other side moves fast. An insurance adjuster may call within days, ask for a recorded statement, and offer a number before anyone knows how serious the injury really is. Spahija Law represents injured people across Brooklyn and New York City, and the first conversation is free.
Personal Injury Cases We Handle
- Car, truck, motorcycle and rideshare collisions
- Pedestrian and bicycle accidents
- Slip, trip and fall injuries, and other premises liability claims
- Construction and workplace accidents
- Medical malpractice
- Wrongful death
New York Deadlines That Can End a Claim Before It Starts
Every injury claim in New York runs against a clock, and missing it usually ends the case no matter how strong the facts are. The main deadlines:
- Most personal injury claims: three years from the date of the injury, under CPLR 214.
- Medical malpractice: two years and six months, under CPLR 214-a, with limited exceptions.
- Wrongful death: two years from the date of death, under EPTL 5-4.1.
- Claims against the City of New York or another public entity: a notice of claim must usually be served within 90 days under General Municipal Law 50-e, long before the lawsuit itself is due.
That 90-day rule catches people out constantly. If you were hurt on a city sidewalk, in a city building, on public transit, or by a municipal vehicle, the clock is far shorter than most people assume.
How New York No-Fault Insurance Works
New York is a no-fault state for motor vehicle injuries. Your own insurer generally pays medical bills and a portion of lost earnings up to the basic economic loss limit of $50,000, regardless of who caused the crash. To keep that coverage you normally have to file a no-fault application with the insurer within 30 days of the accident, and attend the medical examinations the insurer schedules.
No-fault does not pay for pain and suffering. That is a separate claim against the at-fault driver, and it is only available if the injury clears the serious injury threshold.
The Serious Injury Threshold
Under Insurance Law 5102(d), you can sue for pain and suffering after a motor vehicle accident only if the injury qualifies as a serious injury. The categories include death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss or limitation of a body organ, member, function or system, and a medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days after the accident.
Whether an injury meets that standard is one of the most contested issues in New York injury litigation, and it usually turns on the medical documentation built in the months after the crash. That is a reason to get treatment recorded properly and early.
Being Partly at Fault Does Not End Your Claim
New York follows pure comparative fault under CPLR 1411. If you are found partly responsible, your recovery is reduced by your share rather than eliminated. Someone found 30 percent at fault can still recover 70 percent of their damages. Insurers often imply otherwise, so it is worth knowing before you accept that a claim is hopeless.
Construction Accidents and the New York Labor Law
New York gives construction workers protections that exist almost nowhere else. Labor Law 240(1), often called the scaffold law, can impose absolute liability on owners and general contractors for gravity-related injuries such as falls from height or objects falling from above. Labor Law 241(6) and 200 cover other site safety violations. These claims can proceed alongside a workers compensation claim, which on its own does not pay for pain and suffering.
What to Do After an Injury
- Get medical attention and keep every record. Gaps in treatment become the insurer’s argument later.
- Photograph the scene, the hazard and your injuries while conditions still look the way they did.
- Report the incident. A police report, an incident report or a building report creates a contemporaneous record.
- Do not give a recorded statement to the other side’s insurer before you have spoken to a lawyer.
- Do not post about the incident or your recovery on social media. Those posts get used.
- Note the 90-day rule if a public entity may be involved.
How We Work
Personal injury cases at Spahija Law are handled on a contingency basis, so there is no fee unless we recover for you. We investigate liability early, document damages properly, and negotiate from a prepared position. When the offer does not reflect the injury, we litigate. Amel Spahija’s background as a former prosecutor in Brooklyn and Staten Island means trial preparation is treated as the default posture rather than a last resort.
Spahija Law also handles criminal defense and real estate matters across New York.
Frequently Asked Questions
How much does a personal injury lawyer cost in Brooklyn?
Personal injury cases are handled on a contingency fee, which means there is no fee unless we recover for you. The consultation is free, and the fee arrangement is set out in writing before we begin.
How long do I have to file a personal injury claim in New York?
Most personal injury claims must be filed within three years of the injury under CPLR 214. Medical malpractice is generally two years and six months, and wrongful death is two years. If a public entity such as the City of New York is involved, a notice of claim is usually required within 90 days.
Can I still recover if the accident was partly my fault?
Yes. New York uses pure comparative fault under CPLR 1411, so being partly responsible reduces your recovery by your percentage of fault rather than barring it entirely.
Do I have a case if my injuries seem minor?
Possibly. For motor vehicle claims, suing for pain and suffering requires meeting the serious injury threshold in Insurance Law 5102(d), but injuries that seem minor at first sometimes meet it once they are properly documented. It costs nothing to have someone look at it.
Should I accept the insurance company’s first offer?
Not before you understand the full extent of the injury. Early offers are usually made before the medical picture is complete, and accepting one normally closes the claim for good.