Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Jeffrey Johnson, J.D.
Jeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or as interesting as possible).
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
New York City is one of the biggest, busiest and most iconic cities in the world. Millions of people call the Big Apple home and millions more visit every year. With all those people come crowds and cars and countless possible accidents.
Whether you’re a visitor or a resident of the biggest city in the U.S., you might need to find a local attorney if you are injured in an accident. Luckily, we’ve done the hard work for you and found the best personal injury lawyers in NYC. Whether you’ve been involved in a car accident, have been injured by a slip and fall or have been harmed in any other way, the lawyers in this article are the top injury lawyers you can find.
Each attorney in our list has been selected through a careful analysis of their backgrounds, credentials and accomplishments. Learn more about our methodology below.
Read more
Show Summary
- Best Personal Injury Attorneys in New York City
- Compare Top New York City Attorneys
- New York Personal Injury Laws
- How to Find the Best Personal Injury Lawyer in New York City
- How Do I Know if I Have a Personal Injury Claim?
- How Can a Personal Injury Lawyer Help?
- How New York Statutes Affect Personal Injury Claims
- What Is Covered by Personal Injury Law in New York City?
- Do You Pay Taxes on Personal Injury Settlements in New York?
- How Long Do You Have to File a Personal Injury Claim in NYC?
- How Long Does It Take to Settle a Personal Injury Case in NYC?
- Methodology for Finding the Best New York City Personal Injury Lawyer
- Frequently Asked Questions
Best Personal Injury Attorneys in New York City
Compare Top New York City Attorneys
| Lawyer Name | New York Bar Association Status | Year Admitted to New York Bar | Law School Attended | LEARN MORE | |
|---|---|---|---|---|---|
| Frank V. Floriani | Active | 1978 | Maurice A. Deane School of Law at Hofstra University | View More | |
| Michael A. Fruhling | Active | 1992 | Cardozo School of Law | View More | |
| Anthony H. Gair | Active | 1980 | Western Michigan University Thomas M. Cooley Law School | View More | |
| Richard Godosky | Active | 1958 | Brooklyn University School of Law | View More | |
| Howard S. Hershenhorn | Active | 1989 | Brooklyn Law School | View More | |
| Joseph Lanni | Active | 1986 | Rutgers Law School | View More | |
| Judith A. Livingston | Active | 1980 | Maurice A. Dean School of Law at Hofstra University | View More | |
| Kevin B. Lynch | Active | 1982 | University of Richmond School of Law | View More | |
| Thomas A. Moore | Active | 1973 | Fordham University School of Law | View More | |
| Stephen Murphy | Active | 1998 | St. John’s University School of Law | View More | |
| David H. Perecman | Active | 1979 | Brooklyn Law School | View More | |
| Ben B. Rubinowitz | Active | 1982 | Hofstra University School of Law | View More | |
| Philip Russotti | Active | 1974 | St. John’s University School of Law | View More | |
| Roy F. Scaffidi | Active | 1979 | Fordham University School of Law | View More | |
| Herbert S. Subin | Active | 1989 | Boston University School of Law | View More |
New York Personal Injury Laws
Every state has different laws concerning personal injury suits, and New York is no different. Knowing the specific rules in the state where you’re injured can be the difference between getting the compensation you deserve and getting nothing at all.
New York Statute of Limitations
As in all states, you must file a personal injury suit within a specific time in New York. The law in New York allows three years for almost all personal injury suits. If you don’t file within three years of the date of the initial injury, you may not be allowed to file at all.
This rule is different for medical malpractice cases. In these cases, it’s the date of discovery of the injury that’s important, not necessarily the date of the injury itself. The length of time allowed is also slightly different. Currently you have 30 months to file a medical malpractice claim in New York—but remember, it’s 30 months from the discovery of the injury rather than from the actual date of the injury itself.
New York Auto Insurance Laws
New York doesn’t assign fault in auto accidents, which can limit your ability to recover for your injuries. In a no-fault state, each driver seeks compensation for injuries or property damage from their own insurance no matter who caused the accident. In order to be allowed to seek compensation from the at-fault driver (via a personal injury lawsuit), you must meet the “serious injury” threshold.
A “serious injury” in New York is one that results in significant disfigurement, bone fracture, permanent limitation of an organ or limb, significant limitation to a bodily system or function or an injury that leaves you effectively disabled for at least 90 days.
How to Find the Best Personal Injury Lawyer in New York City
There are many types of personal injury lawyers. Some specialize in car accidents, while others specialize in workers’ compensation or class action lawsuit injuries. As you look for a personal injury lawyer in NYC, you should make sure that you choose a lawyer who has experience with your accident type. You also want a lawyer who’s professional, affordable and well-respected.
Most personal injury lawyers offer a free consultation. Here’s a list of questions you should be asking to find the best personal injury attorney for your needs:
What Type of Experience Do They Have?
Before you go any further in a consultation, ask the attorney about their experience with your type of injury. If you were in a car accident, you want a lawyer specializing in car accident injuries. If you were injured at work, get a lawyer with experience in workers’ compensation claims and labor laws. If you were hurt when a product malfunctioned, you want a lawyer with experience in product liability cases.
Finding someone who has experience in personal injury means they will understand what needs to happen with your case. They’ll be able to navigate legal hurdles, medical access and insurance coverage on your behalf.
How Do They Communicate With Clients?
When you are injured in an accident, you can feel isolated, frustrated and confused. Good communication helps you feel as though the process is working and that you have a team on your side. Talk to the lawyer about their communication process. Because personal injury cases can take a long time, look for an attorney who maintains a regular schedule of communication so you get regular updates. And of course, you want a lawyer who communicates quickly when there are timely notices you need to review and address.
How Expensive Are They?
Personal injury attorneys usually work on contingency rather than charging an hourly fee. This means they get a percentage of your settlement or judgment and don’t get anything if you don’t get a dime. When it comes to their fee, look for someone who falls within the normal range of contingency fees. New York personal injury lawyers usually charge between 33% and 40%. For a lawyer with a lot of experience, the higher contingency fee may be worth it since they typically negotiate a higher settlement.
What Percentage of Their Business Comes From Attorney Referrals?
This is not an obvious question, but it’s an important one. You want a lawyer who is respected by their peers. Being referred by other lawyers who are willing to stake their own reputation on how good a personal injury attorney performs is a good indication of skill.
How Professional Is Their Office?
This isn’t a question you’ll ask the lawyer but is, instead, a sense that you get at your first consultation. You want someone who comes across as organized and on top of all the details of their clients’ cases. A tidy, well-run office is a good sign that the lawyer is not only competent and capable, but has the bandwidth to take on another client.
How Do I Know if I Have a Personal Injury Claim?
Almost every personal injury lawyer in NYC offers a free consultation and case evaluation to potential clients. While most law firms likely do this because it engenders goodwill, they also do it to ensure that the potential client has a viable claim.
Just because you have been injured in an accident of some type, that doesn’t necessarily mean you have a personal injury claim. Personal injury lawyers in NYC examine your case to determine whether it has all the elements that are essential to proving a personal injury claim in court.
- Duty of care. Your attorney needs to establish that the defendant had a duty to prevent you from suffering harm. This can be an explicit duty, like the one a surgeon has toward their patient, or an implicit one, like the duty every driver has to others using the road.
- Breach of duty.Continuing with the example of a car driver, if one were to send text messages while driving, they would be carelessly violating their duty to care about the safety of others.
- Breach resulted in injury. Just because that driver was looking at their phone, that doesn’t mean someone got hurt. Next, your lawyer needs to connect that breach of duty to the injury you suffered.
- Meaningful damages. Finally, your attorney needs to show that your injuries resulted in significant financial losses. There isn’t any purpose in suing someone for the cost of a few bandages or an ice pack.
A personal injury attorney wants to take your case. But they won’t lie to you about your eligibility. That has no value to them.
How Can a Personal Injury Lawyer Help?
The best personal injury lawyers in NYC do a lot more than just argue cases before a jury at trial. They are legal authorities who understand every nuance of the civil legal process.
When a new client presents them with a personal injury case, experienced attorneys work with the client to develop a plan for handling it. This plan includes strategies for:
- Delaying medical bills. Even the best personal injury lawyer in NYC won’t get immediate compensation for their client. Medical creditors like hospitals need to be informed about the legal process and when they can expect payment.
- Communicating with insurance companies. Liable insurance companies will require information on a strict timetable. Experienced attorneys know the timetable and what information is needed.
- Communicating with other parties. Depending on the circumstances, the police might have opened an investigation or the client’s employer might be involved. A good lawyer has a plan for communicating with these parties without harming the case.
- Collecting relevant evidence. A personal injury attorney will assign personnel to quickly take pictures of the accident scene (if applicable), interview witnesses and collect documentary evidence.
Typically, personal injury cases never see the inside of a courtroom. Instead, once a personal injury attorney has gathered as much supporting evidence as possible, they will negotiate with the liable insurance companies for fair settlements.
Trials usually only occur when negotiations fail or when the client insists upon one. In that situation, the attorney will use the evidence gathered to attempt to convince a jury of the strength of their client’s case.
How New York Statutes Affect Personal Injury Claims
New York State has some of the most generous personal injury statutes in the country. However, even in a state with minimal limits on personal injury claims, regulations still limit the options of some plaintiffs. Every potential plaintiff should be aware of the following regulations before pursuing a claim.
- There is an alternative way to meet the “serious injury” threshold for car accidents. Typically, a potential plaintiff in a car accident lawsuit must establish that they have incurred a “serious injury.” However, this threshold can be met in another way. Even if none of the plaintiff’s injuries meet the previously indicated thresholds, they can still sue if they can show an economic loss exceeding $50,000.
- There is no cap on medical malpractice. Most states place some type of cap on medical malpractice claims. New York is an exception. There is no limit to how much money a personal injury lawyer in New York City can pursue for their client.
- New York uses a pure comparative fault system. Another way that New York is generous to litigants is that it uses a pure comparative fault system to determine damages. This means that even if the litigant is partially or mostly responsible for their injury, they can receive partial damages for the percentage the defendant is responsible for.
- Plaintiffs must act quickly when taking action against the state. The most notable limitation on plaintiffs involves actions against the state. A claimant must file a Notice of Claim within 90 days of getting injured, or the lawsuit will likely be dismissed.
Personal injury lawyers in New York City understand these laws and will explain the relevant ones to potential clients in detail before taking a case.
What Is Covered by Personal Injury Law in New York City?
According to New York’s Civil Practice Law & Rules, a personal injury case is a civil action against another party that alleges the other party caused the plaintiff physical or emotional injury intentionally or due to negligence. That is the type of complicated definition that NYC personal injury lawyers understand easily but the average person is likely to trip over.
The easiest way for most people to understand what is covered by personal injury provisions in New York law is to look at common examples of personal injury cases.
- Car accidents. The victim of a car accident may have a legitimate claim if the other driver was drunk, distracted by an electronic device or driving recklessly in bad weather.
- Workplace accidents. A workplace accident may qualify as a personal injury if the claimant’s employer didn’t provide them with proper safety training or equipment, for example.
- Accidents at someone else’s property. Formally known as premises liability accidents, this category of accident usually involves negligent maintenance. For example, if a business didn’t clean up a spill or repair a broken railing, a plaintiff could sue if they fell because of that lack of response to a dangerous situation.
- Defective products. If someone is injured while using a product as intended, the product may be defective. This situation allows the victim to sue whatever party is responsible for the defect—usually the manufacturer.
- Medical malpractice. If a medical professional (doctor, nurse, EMT, etc.) doesn’t follow accepted medical practices, any harm they cause from that departure is considered to be a personal injury.
Other situations may allow someone to file a personal injury lawsuit. An experienced New York City personal injury lawyer will determine whether an accident qualifies.
Do You Pay Taxes on Personal Injury Settlements in New York?
For the most part, you won’t face much or any tax burden on personal injury settlements in New York. New York tax law is similar to federal tax law regarding personal injury settlements and jury verdicts.
If you receive a personal injury settlement or a jury verdict, your tax burden will be based primarily on what type of damages you receive.
- Economic damages aren’t taxed. Economic damages are compensation for actual losses that you suffered from an injury, like medical bills and lost wages. These aren’t taxed at any level of government.
- Non-economic damages typically aren’t taxed. Damages for pain and suffering or other types of emotional harm resulting from a physical injury or illness also aren’t taxed. However, when the only harm you suffered was emotional, you may face a tax burden for the compensation you receive for that harm.
- Punitive damages are taxed. You can only get punitive damages from a jury award. These damages represent the punishment of the defendant designed to prevent similar future activity. All punitive damages are taxed by both the IRS and the state of New York.
Furthermore, you are responsible for paying federal and state taxes on any interest earned from a settlement or court judgment. This is particularly applicable in New York, where interest starts accruing at 9% per year from the moment you are injured.
If you want to be on the safe side after receiving a personal injury settlement or verdict, consult with your attorney and with a tax accountant about your tax burden. This could save you thousands of dollars in tax penalties if you received a large amount of compensation from your claim.
How Long Do You Have to File a Personal Injury Claim in NYC?
The amount of time you have to file a personal injury claim in NYC is regulated by the New York personal injury statute of limitations. As previously noted, for most personal injury claims, you have three years from the date of the injury for all cases other than medical malpractice cases.
This deadline changes slightly if you are filing a wrongful death claim. While wrongful death claims are a type of personal injury claim, the statute of limitations in these cases begins when your loved one dies, rather than when they are harmed. This can matter if they die from an injury months or even years after it occurred.
However, cases against the state or any municipality have a shorter deadline. In addition to the 90-day limit to file a Notice of Claim, you only have one year and 90 days from the date of the injury to file a lawsuit.
These regulations only affect the time you have to file a personal injury claim. Once the claim has been filed, your case could potentially take years or even decades to resolve. That won’t affect your ability to proceed with the case.
How Long Does It Take to Settle a Personal Injury Case in NYC?
No two personal injury claims are the same. The differences between cases significantly affect how long they take to settle. The average time it takes a claimant to receive compensation after suffering an injury is 11.2 months. However, some cases can take less than two months while others will linger for years. The following factors affect how long it takes to receive compensation:
- The severity of the plaintiff’s injuries. Often the largest delay in a personal injury settlement is the time it takes for the claimant to receive all treatment. Until they have fully recovered, it isn’t possible to accurately determine the cost of that treatment. When an injury is permanent or will require years of treatment, a lawyer may attempt to estimate that value with the help of medical experts.
- Questions of fault. Because New York uses pure comparative negligence to determine the value of a claim, the degree of fault is an issue in every case. In complicated cases, it could take months or years to evaluate fault.
- The insurance company. Some insurance companies are more prone to deal fairly than others. The worst of them will use every possible strategy to delay the case and will engage in bad faith practices.
While a settlement can potentially take years in the worst-case scenarios, a trial will rarely start within the first year and is likely to take multiple years before a verdict is rendered.
Methodology for Finding the Best New York City Personal Injury Lawyer
To come up with the best personal injury lawyers in New York City, Forbes Advisor considered many different criteria. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses & certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education & employment background
- Scholarly lectures & writings
- Awards & honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions
Are personal injury claims usually settled out of court in New York?
In every state, New York included, most court cases are resolved through settlement rather than going all the way through a trial. Keep in mind that a settlement can happen at any time. It’s possible to reach a settlement before a lawsuit is even filed, during the pre-trial phase or even after the trial has begun.
Some personal injury lawyers get a different percentage of your compensation depending on when a settlement or verdict is reached. For example, an attorney might get 25% of a pre-trial settlement but get 30% of any compensation if they have to prepare for and appear at trial. You should be aware of how your attorney is paid before you agree to representation.
Is there a cap on damages in New York personal injury lawsuits?
Unlike in many states, New York does not cap damages. This means that a jury award will not be altered by the court except in very rare and extreme circumstances, though the losing party can appeal a decision by a judge or jury.
Is there a different time limit for a personal injury suit against New York City or the State of New York?
Although the statute of limitations for most personal injury claims in New York is three years, a different rule applies when you’re filing against a government entity. If you are suing a city or county in New York, you have only 90 days to file a formal claim and you have only one year to officially file the lawsuit.
If you are suing the state of New York, you must file your claim against the state or a notice of intent to file within 90 days. The notice is only permitted if it would be impossible to accurately file the claim within 90 days. For example, if the injury required medical treatment that was still ongoing, the intent to file would be appropriate until the amount you would sue for can be fully determined.
What Is the Non-Emergency Contact Number for the Local Police Station in New York City?
Almost everyone knows that 911 is the phone number used nationally to contact emergency assistance. If you don’t know any other local numbers for contacting the police, you can use this number to report a non-emergency situation.
However, New York City has a non-emergency number that will connect you with the local police precinct, regardless of where you are in the city. The non-emergency contact number for local police in New York City is 311. This number is used to inform the police about situations like:
• An abandoned vehicle on the road
• Debris blocking a road
• Non-functioning traffic lights
• Dangerous potholes or open utility holes
• Other public safety concerns
• Reporting a stolen vehicle
You can also directly contact precincts by calling their local number (available on the precinct website), but the police would prefer you call 311 to report non-emergency situations.
How Much Does an Average NYC Personal Injury Lawyer Cost?
Personal injury lawyers typically charge a contingency fee for their services. This means that they take a percentage of the final compensation at the end of the case. It also means that if they can’t get compensation for their client, they don’t charge any fee.
The average contingency fee in New York is 33%. However, that number often doesn’t include other costs associated with the case, like:
• Fees for expert witnesses
• Costs for getting copies of police reports and other records
• Court filing fees
• Costs for hiring investigators
The total for these costs can potentially reach thousands of dollars. Most attorneys will deduct those costs from a payout before applying the contingency fee. But some will do it the other way. Because of these costs, even with a 33% contingency fee, the true cost can be higher than 50% in some cases.
Additionally, some attorneys will charge a sliding fee. With this fee structure, the attorney takes a lesser percentage (usually 25%) if the case is resolved entirely through negotiation. That percentage increases if they have to file a personal injury lawsuit on your behalf and again if the case goes to trial (or possibly even is scheduled for trial).
What Happens if I Miss the Deadline for Filing my New York Personal Injury Lawsuit?
If you miss the deadline for filing a personal injury lawsuit in New York, typically defense counsel will file a motion for the case to be dismissed. Except in the most unusual circumstances, the judge will dismiss the case with prejudice.
This means that you lose your right to sue, regardless of the merits of your case. Additionally, if your case has been dismissed, typically the insurance company will refuse to negotiate for a settlement. The insurance company knows that you aren’t eligible to file a lawsuit in New York, so it has no reason to give you any money.
Are There Extensions for the New York Personal Injury Statute of Limitations?
Two situations automatically extend the statute of limitations for personal injuries. First, if the defendant leaves the state before the lawsuit is filed for more than four months, any time they are away won’t count toward the time limit. This same rule applies if the defendant is living within the state under a false name.
Alternatively, if you are legally disabled at the time of the accident, the clock doesn’t start until you recover from that disability. One example of this would be if you fell into a coma due to the accident and awoke a year later. That year wouldn’t count against the time limit. Also, New York law considers anyone under the age of 18 to be legally disabled.
A judge also has limited authority to extend the deadline in some other circumstances. For example, there are some situations where a judge might extend the 90-day deadline to file a Notice of Claim. Additionally, if there are extraordinary circumstances or the defendant has engaged in inappropriate behavior to delay the filing of a lawsuit, a judge might, in rare cases, extend the deadline.
What Is the Average Personal Injury Settlement in New York?
The average personal injury settlement in New York is higher than the national average, partially due to the lack of caps on medical malpractice cases and the “serious injury” threshold for car accidents.
The average award nationwide is roughly $30,000 for all types of cases. This increases to $90,000 for premises liability claims and roughly $700,000 for medical malpractice and defective product claims.
New York personal injury settlements average between $50,000 and $500,000. Similarly, the average trial award in New York is roughly $287,000, dwarfing the nationwide median of $34,550.
Where Can I Get a Copy of Police Reports for Incidents Related to My Personal Injury Case in New York City?
With one exception, there typically won’t be a police report related to your claim. The main exception to this rule is car accidents.
If you want a copy of the police report for a car accident, for up to 30 days after an accident you may request a copy of that report at the precinct where the accident occurred. During that time you can also request it online from the Collision Report Retrieval Portal.
After 30 days have passed, the report is forwarded to the New York State Department of Motor Vehicles (DMV), where you can request it online.
For some other types of personal injury cases, a police report might exist because you are the victim of a crime. For example, if you were the victim of a dog bite, the police probably created an incident report for that attack.
Crime victims in New York have the right to request a document that verifies the incident. You can request this form by mailing a request to the Criminal Records Section of the NYPD. This section is not open to the general public and will not accept inquiries in person.
If your attorney needs a complete copy of a police report to litigate your claim, they should know how to get that information. It is best to let your lawyer handle that than to try to navigate the system without assistance.
