Best Accidents & Injuries Lawyers in Flushing

About Accidents & Injuries Law in Flushing, United States

Accidents and injuries in Flushing, a neighborhood in Queens, New York, are governed by state and local rules that affect how claims are filed, how damages are calculated, and what deadlines apply. Common cases include motor vehicle collisions, slip-and-fall incidents on private or city property, workplace injuries, medical malpractice, and incidents involving public transit. New York has specific procedures for automobile claims because it is a no-fault state, and there are special notice and timing rules for claims against government entities and for workplace injuries. Understanding these rules early is important to protect your right to compensation.

Why You May Need a Lawyer

You may want to hire a lawyer if you have significant medical bills, lost wages, permanent injuries, or if liability is disputed. Insurance companies often try to limit payouts, and an attorney can handle negotiations, preserve evidence, and evaluate full damages including future medical needs and loss of earning capacity.

Specific situations where a lawyer is commonly needed include:

- Serious or catastrophic injuries such as traumatic brain injury, spinal cord injury, amputation, or severe fractures.

- Fatalities or wrongful death claims where family members must navigate probate and wrongful death procedures.

- Complex liability issues, for example multi-vehicle crashes, defective products, construction accidents, or incidents involving a city agency or public transit.

- Workplace injuries where benefits under the Workers Compensation system do not fully cover losses, or where a third party may be sued.

- Medical malpractice claims that require medical experts and strict filing rules.

Local Laws Overview

Key legal points relevant to accidents and injuries in Flushing include:

- No-fault automobile system: New York requires Personal Injury Protection - PIP - coverage. PIP pays initial medical expenses and limited lost wages up to the policy limit, typically a minimum of $50,000. Because of no-fault rules, you usually seek PIP first. To recover non-economic damages such as pain and suffering from another driver, you generally must meet New Yorks "serious injury" threshold or qualify for an exception.

- Comparative negligence: New York follows a pure comparative negligence rule. If you are found partly at fault, your recovery is reduced by your percentage of fault, but you can still recover even if you share most of the blame.

- Statutes of limitation and special deadlines: Most personal injury claims must be filed within three years from the date of injury under CPLR 214. Medical malpractice actions generally have a two and one-half year deadline under CPLR 214-a. Wrongful death claims often have different, shorter deadlines. Claims against the City of New York or other municipal agencies require a Notice of Claim within 90 days and typically a shorter window to sue after that notice requirement is met. Always check the applicable deadline for your type of claim promptly.

- Workers compensation: Work-related injuries are generally covered by the New York State Workers Compensation system. These administrative claims provide benefits for medical care and a portion of lost wages, but they typically bar most lawsuits against the employer. You may still have a separate claim against a negligent third party.

- Premises liability and municipal claims: If the injury occurred on private property, premises liability rules apply and you will need to show the owner or occupier was negligent. If the injury occurred on city property, like a city sidewalk or public park, special municipal notice rules and shorter filing periods usually apply.

- Transit and public authority claims: Incidents on subways, buses, or Long Island Rail Road and Metro-North have agency-specific claim procedures and notice requirements. Missing those requirements can prevent you from pursuing compensation.

Frequently Asked Questions

What should I do immediately after an accident in Flushing?

First, get to a safe place and seek medical care for injuries. Call 911 if anyone is seriously hurt. If possible, report the incident to law enforcement so a police report is created. Take photos of the scene, injuries, property damage, and get contact information from witnesses. Notify your insurance company, but avoid giving recorded statements about fault without consulting a lawyer.

Do I need to call the police for a car accident?

Yes. Calling the police is important for documentation and for insurance claims. The police report contains facts that insurers and lawyers use to establish what happened. If injuries are serious, emergency responders should be called immediately.

How does New Yorks no-fault system affect my ability to sue?

Under New Yorks no-fault rules you will typically use your PIP benefits for initial medical bills and some lost wages. To sue the at-fault driver for pain and suffering and other non-economic damages, you usually must have sustained a "serious injury" as defined by statute or fit within specific exceptions. A lawyer can assess whether your case meets that threshold.

What is the statute of limitations for personal injury in New York?

Most personal injury claims must be filed within three years from the date of the injury. Medical malpractice claims generally have a two and one-half year deadline, and wrongful death claims have different time limits. Claims against municipalities require early notice and different filing windows. Consult a lawyer quickly to preserve your claim.

Can I be partially at fault and still recover damages?

Yes. New York follows pure comparative negligence. Your recovery is reduced by your percentage of fault, but you can still recover even if you are mostly at fault. A lawyer can help limit your assessed percentage of fault through investigation and evidence.

What if the injury happened at work in Flushing?

If the injury occurred at work you should report it to your employer immediately and file a claim with the New York State Workers Compensation Board. Workers compensation covers medical care and partial wage replacement. If a third party caused the injury you may be able to bring a separate personal injury lawsuit against that party, while still receiving workers compensation benefits.

How do claims against the City of New York or a public agency work?

Claims against municipal entities have special notice requirements. For example, you must usually serve a Notice of Claim within 90 days after the incident. There are also shorter deadlines for filing suit after the notice. Missing these steps can bar your claim, so contact an attorney promptly if a city or public agency was involved.

Should I accept the first settlement offered by the insurance company?

Not necessarily. Early settlement offers are often low. Before accepting any offer, get a clear picture of your current and future medical needs, lost earnings, and other damages. An attorney can evaluate offers and negotiate for more appropriate compensation or recommend litigation if necessary.

How much does a personal injury lawyer cost?

Many personal injury lawyers work on a contingency-fee basis, meaning they are paid only if you recover money. Fees are typically a percentage of the recovery. Be sure to ask about fee percentages, who pays court costs and expert fees, and whether the attorney offers a free initial consultation.

What evidence should I preserve for a future claim?

Preserve photographs of the scene and injuries, medical records, bills, receipts, the police report, witness contact information, and any repair estimates or property damage records. Keep a diary of symptoms, treatment, and how injuries affect daily life. Preserve clothing and objects involved in the incident if possible. This evidence helps establish liability and damages.

Additional Resources

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

New York State Department of Motor Vehicles - for information on insurance requirements and accident reports.

New York State Department of Health - for medical and hospital related questions and reports.

New York State Unified Court System - for information about filing lawsuits and local court procedures.

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

NYPD precinct serving Flushing - to obtain police reports and follow up on accident investigations.

Queens County Bar Association Lawyer Referral Service and Legal Aid organizations - for help finding a qualified attorney, including low-fee or pro bono options.

New York State Office of the Attorney General - for consumer and public safety issues that may be relevant in larger-scale or product-related incidents.

Next Steps

If you need legal help after an accident in Flushing, consider the following steps:

- Seek and follow through on medical treatment. Your health is the first priority and medical records are critical evidence.

- Report the incident to police or the proper authority and obtain the police report number.

- Preserve evidence: photos, witnesses contact information, vehicle damage records, and medical bills.

- Notify your insurance company as required, but avoid detailed admissions about fault. Ask your insurer about PIP benefits if the accident involved a vehicle.

- If the incident involves a municipal agency or city property, note strict notice deadlines and consult an attorney immediately to meet required steps.

- Contact a qualified personal injury attorney for a free or low-cost consultation. Bring records such as medical bills, police reports, insurance information, witness names, and any correspondence from insurers.

- Ask the attorney about fees, anticipated costs, likely timelines, and the strategy for pursuing settlement or litigation. Make sure you understand any deadlines that affect your case.

Remember that this guide provides general information and not legal advice. For advice tailored to your situation, speak with an attorney licensed in New York who handles accidents and injury cases in the Flushing area.