Best Accidents & Injuries Lawyers in Brooklyn

About Accidents & Injuries Law in Brooklyn, United States

Accidents and injuries law in Brooklyn covers situations where people are physically harmed because of someone else’s negligence, intentional acts, unsafe conditions, or defective products. Common case types include motor vehicle collisions, pedestrian and bicycle accidents, slip-and-fall and other premises liability claims, workplace injuries, medical malpractice, and claims arising from public transit or municipal property. Brooklyn is part of Kings County and falls under New York State law and New York City local rules. Procedures and remedies are influenced by state statutes, city requirements when a government body is involved, insurance rules such as New York’s no-fault auto system, and court procedures in the New York State courts that serve Brooklyn.

Why You May Need a Lawyer

You may need a lawyer if your injuries are more than minor, if liability or fault is disputed, if insurance companies are denying or underpaying your claim, or if the claim involves a government agency or public transit authority. Specific situations that commonly require legal help include:

- Serious injuries that cause significant medical bills, ongoing care, lost wages, or long-term disability.

- Car accidents where the insurance no-fault benefits do not fully cover your losses or where the other driver is primarily at fault and you meet the threshold to sue for pain and suffering.

- Slip-and-fall or premises cases where the property owner denies responsibility or where evidence must be preserved and developed.

- Workplace injuries that involve third-party liability in addition to workers’ compensation.

- Medical malpractice or professional negligence, which involve strict filing rules, medical expert proof, and short limitations periods.

- Claims against the City of New York, MTA, or other public entities that require timely notice and special procedures.

An experienced attorney can assess your case, explain potential damages, protect your rights with insurers, gather evidence, file required notices and lawsuits on time, and negotiate or litigate to maximize recovery.

Local Laws Overview

Key legal rules and procedures that affect accident and injury cases in Brooklyn include:

- Statute of Limitations - For most personal injury claims under New York law, the deadline to start a lawsuit is generally three years from the date of the injury. Medical malpractice claims commonly have a shorter time limit - generally two and a half years from the negligent act - but there are important exceptions and discovery rules. Wrongful death claims and claims against government entities may have different, often shorter, deadlines. Because limits vary by claim type and facts, it is important to act promptly.

- No-Fault Auto Insurance - New York is a no-fault auto insurance state. If you are injured in a motor vehicle accident, your own automobile insurance policy will usually provide Personal Injury Protection - PIP - benefits for medical expenses and lost earnings regardless of who caused the crash. You may bring a separate lawsuit against the at-fault driver for non-economic damages such as pain and suffering only if you meet New York’s statutory threshold for a "serious injury". Serious injury is defined by statute and includes categories such as death, dismemberment, significant disfigurement, bone fracture, permanent or significant loss of use of a bodily function or organ, or injuries causing substantial incapacity for a period of time.

- Comparative Fault - New York applies a pure comparative fault rule. That means a plaintiff can recover damages even if they were partially at fault, but the recovery is reduced by the plaintiff’s percentage of fault.

- Claims Against Public Entities - If your injury is caused by a municipal employee or by unsafe city property, special notice requirements apply. For example, claims against the City of New York generally require a written notice of claim served on the city within 90 days of the incident, and if suit is necessary the lawsuit deadline is usually 1 year and 90 days from the date of the accident for typical negligence claims. Other public authorities have their own procedures and deadlines.

- Workers’ Compensation - If you are injured on the job, you are generally entitled to workers’ compensation benefits regardless of fault, but workers’ compensation usually bars suing your employer directly except in limited circumstances. You may still have a third-party claim against someone other than your employer whose negligence caused your injury.

- Evidence and Procedure - New York civil practice requires timely pleading, discovery, and adherence to court rules and local practice in Kings County courts. Preserving evidence such as medical records, photographs, and witness contact information is crucial early on.

- Insurance and Subrogation - If insurers or government programs pay medical bills, they may assert liens or subrogation rights to be repaid from your settlement or award. This is common with health insurance, Medicare, Medicaid, and workers’ compensation carriers.

Frequently Asked Questions

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

For most personal injury cases in New York State, you generally have three years from the date of the injury to file a lawsuit. Some claims follow different deadlines - for example, medical malpractice often has a 2.5-year limit and claims against municipalities require shorter notice and filing periods. Because timelines vary, consult a lawyer quickly to avoid missing deadlines.

What is no-fault insurance and how does it affect my car accident claim?

No-fault insurance in New York means your own auto insurer typically pays Personal Injury Protection benefits for medical bills and lost wages regardless of who caused the crash. You can sue the at-fault driver for pain and suffering only if you meet the serious injury threshold defined by statute. Consult an attorney to determine whether your injuries meet that threshold and how to pursue additional compensation.

Can I still recover if I was partially at fault for the accident?

Yes. New York follows pure comparative negligence. You can recover damages even if you were partially negligent, but your award will be reduced by your percentage of fault. For example, if you are 30 percent at fault and the total damages are 100,000, your recovery would be reduced by 30 percent.

What types of damages can I seek in an accident case?

Common damages include economic damages - such as past and future medical expenses, lost wages, and loss of earning capacity - and non-economic damages - such as pain and suffering, emotional distress, and loss of enjoyment of life. In limited cases involving particularly egregious conduct, punitive damages may be available. Amounts and recoverability depend on the facts of your case and applicable law.

Do I need to see a doctor right away after an accident?

Yes. Getting prompt medical attention is important for your health and for establishing an objective record of your injuries. Delays in treatment can be used by insurers to argue that injuries are not serious or not related to the accident. Follow your doctor’s advice and keep all records and receipts.

What should I do at the scene and afterwards to protect my claim?

At the scene, call emergency services if needed, seek medical care, call the police so a report is created, and collect names and contact information for witnesses. Take photographs of the scene, vehicles, injuries, and hazardous conditions. Preserve clothing and other physical evidence. Report the accident to your insurer but do not give recorded statements or sign releases without speaking to a lawyer.

What if I was injured on public property or by a city vehicle?

Claims against the City of New York and many public entities require a written notice of claim within a short period - commonly 90 days - and court actions often must be filed within a different timeframe. Missing these notice requirements can bar recovery, so contact a lawyer immediately if a government entity may be responsible.

If I was hurt at work, can I sue my employer?

Most workplace injuries are covered by workers’ compensation benefits, which provide no-fault medical and wage replacement but generally bar suing your employer for negligence. You may, however, have a separate third-party claim against a negligent contractor, property owner, manufacturer, or vehicle driver who caused your injury. Talk to an attorney to evaluate both workers’ compensation benefits and potential third-party claims.

How much will hiring a personal injury lawyer cost?

Many personal injury lawyers in Brooklyn work on a contingency-fee basis - they are paid only if you recover money. Typical contingency fees vary, commonly falling in a range such as 25 percent to 40 percent depending on whether the case settles before or after a lawsuit is filed and other factors. Always get fee agreements in writing and review any additional costs for expert witnesses, filing fees, and other expenses.

How long does an accident case usually take?

Case length varies widely. Simple cases may settle in a few months, while complex cases or those requiring litigation can take a year or several years to resolve. Factors include the severity of injuries, need for medical retirement or vocational assessment, insurance disputes, discovery and expert involvement, and court schedules. Your attorney can provide a timeline estimate based on the specifics of your case.

Additional Resources

Use these local and state resources for information and help related to accidents and injuries in Brooklyn:

- New York State Unified Court System - for court filing procedures and locating Kings County courts.

- New York State Department of Financial Services - for insurance consumer information and complaints.

- New York State Workers' Compensation Board - for information on workplace injury benefits and claims.

- New York City Law Department and City Clerk - for information on filing notices of claim against the City of New York.

- Metropolitan Transportation Authority and local transit authorities - for questions about claims involving public transit accidents.

- Kings County Bar Association and New York State Bar Association - for lawyer referral services and local legal resources.

- Legal aid organizations and community clinics in Brooklyn that may provide low-cost or pro bono assistance for eligible individuals.

- 311 New York City - for non-emergency city services and reporting hazardous public conditions.

Next Steps

If you need legal assistance after an accident in Brooklyn, consider the following steps:

- Seek immediate medical care and follow all treatment plans.

- Preserve evidence - photographs, medical records, police reports, witness contact information, damaged property, and any correspondence with insurers.

- Report the incident to your insurer in a timely manner but avoid giving recorded statements or signing releases before consulting an attorney.

- If a government entity may be responsible, contact an attorney right away to ensure any required notices are served within strict deadlines.

- Contact an experienced Brooklyn personal injury attorney for a case evaluation. During a consultation, provide all documentation and ask about likely timelines, costs, expected damages, insurance issues, and any liens or subrogation concerns.

- Carefully review and sign any retainer agreement that describes fees and expenses. Work closely with your attorney to build your case and to make informed decisions about settlement versus litigation.

Acting promptly preserves your legal rights and improves the chance of obtaining fair compensation for medical bills, lost wages, and other losses. A qualified lawyer can guide you through local rules and help you pursue the best possible outcome for your situation.