Choosing the Right Personal Injury Attorney in Brooklyn NY: 5 Key Factors

If you’ve been injured in an accident in Brooklyn, selecting the right personal injury attorney is one of the most important decisions you’ll make. Your attorney will play a critical role in how quickly your case moves forward, how much compensation you receive, and how stress-free the legal process is.

With so many options across Brooklyn — from Court Street firms to solo practices in Sheepshead Bay — how do you know which one is right for you?

In this guide, we’ll break down five essential factors to help you choose the best personal injury lawyer for your case in Brooklyn NY.

Why the Right Lawyer Makes a Big Difference

Not all personal injury attorneys offer the same level of service, expertise, or commitment. Some firms push quick settlements, others overload their staff with too many cases, and a few don’t even handle trials.

If your injuries are serious or your case is complex, you need a lawyer who knows how to:

  • Deal with aggressive insurance adjusters
  • Investigate and document liability
  • Calculate full damages
  • Handle court filings and legal deadlines
  • Represent you confidently in negotiations or at trial

Without experienced legal support, you may settle for less than your case is worth — or miss out on compensation entirely.

1. Local Experience in Brooklyn Personal Injury Law

Personal injury laws vary across states, and local knowledge matters just as much. You want a lawyer who understands Brooklyn’s traffic patterns, courts, and jury expectations — and who’s practiced in Kings County Supreme Court.

Attorneys based in Brooklyn are also more likely to be familiar with:

  • Local precincts and NYPD accident report processes
  • Area hospitals and treatment providers (for medical records)
  • Known accident-prone intersections and hazards
  • NYC’s no-fault insurance and serious injury thresholds [1]

Look for a lawyer who has successfully handled Brooklyn cases involving car accidents, bicycle crashes, pedestrian injuries, construction accidents, and more.

Tip: Ask how many Brooklyn-based cases they’ve handled in the past 12 months.

2. A Track Record of Results and Client Testimonials

Results speak louder than ads. Before hiring a lawyer, review their:

  • Settlement amounts and verdicts in similar cases
  • Client testimonials and Google reviews
  • Recognition from legal organizations or publications
  • Case studies, if available

While past success doesn’t guarantee future results, consistent outcomes show that the firm can deliver when it counts.

You can also check if they’ve handled cases like yours — such as rear-end collisions, slip and falls, dog bites, or workplace injuries. Some firms, including Cherny & Podolsky PLLC, highlight these practice areas clearly on their websites.

You can view the firm’s Google profile here.

3. Clear Communication and Personalized Attention

When you’re recovering from an injury, the last thing you need is to feel ignored or confused. Choose a personal injury attorney in Brooklyn who:

  • Explains the legal process clearly and patiently
  • Responds quickly to calls, emails, or texts
  • Provides updates without being asked
  • Treats your case like a priority — not just another file

Avoid firms that shuffle you between paralegals or only communicate through staff. You deserve direct contact with the lawyer actually handling your case.

Questions to ask:

  • “Who will I be speaking with most often?”
  • “How will you keep me updated?”
  • “How many cases do you take on at a time?”

4. Transparent Fee Structure and No Upfront Costs

Most personal injury lawyers in Brooklyn work on a contingency fee basis, meaning:

  • You pay no legal fees upfront
  • The lawyer only gets paid if they win your case
  • Their fee is usually a percentage of the final settlement (often 33%–40%)

Be cautious of any firm that charges hourly fees or requires large retainers for injury claims. Transparency is key — your attorney should walk you through all potential costs and explain how expenses (like medical record fees or expert witness costs) will be handled.

At Cherny & Podolsky PLLC, we offer free consultations and work on a no-win, no-fee model to make legal help accessible to everyone in Brooklyn.

5. Courtroom Experience and Willingness to Go to Trial

While most personal injury cases settle out of court, some require litigation — especially if:

  • Liability is disputed
  • The insurance company refuses to negotiate fairly
  • You’re seeking compensation for serious or permanent injuries

Some attorneys avoid trial at all costs. Others, like seasoned Brooklyn litigators, prepare every case as if it’s going to trial, which can actually lead to stronger settlements.

Ask potential lawyers:

  • “How often do you go to trial?”
  • “What’s your courtroom experience in Brooklyn?”
  • “Will you personally handle my case if it goes to court?”

A lawyer who’s not afraid to litigate sends a clear message: you’re serious about getting what you deserve.

Red Flags to Watch Out For

Even if an attorney has flashy marketing or high ratings, be cautious if you notice:

  • High-pressure tactics to sign a contract on the spot
  • Promises of guaranteed results (no attorney can make this claim ethically)
  • Lack of focus on personal injury law
  • Poor communication from the start
  • Unclear fee agreements

If your instincts tell you something feels off, get a second opinion. You should feel confident and comfortable with your legal representation.

FAQs About Hiring a Brooklyn NY Injury Attorney

Q: How soon should I contact a personal injury lawyer after an accident?

A: Immediately. In New York, no-fault insurance claims must be filed within 30 days, and personal injury lawsuits must be filed within three years of the accident [2]. The sooner you start, the stronger your case.

Q: Do I need a lawyer if my injuries seem minor?

A: Yes. Some injuries worsen over time, and insurance companies often downplay their severity. A lawyer ensures you get medical care and fair compensation before signing anything.

Q: Will hiring a lawyer increase my settlement?

A: In many cases, yes. Studies show that injury victims represented by lawyers recover 3.5 times more on average than those without representation [3].

Q: Can I switch attorneys if I’m unhappy with my current one?

A: Absolutely. You have the right to change lawyers at any time. Your new attorney will handle any necessary paperwork and fee coordination.

Local Legal Help You Can Trust

Brooklyn residents face unique challenges when it comes to injury claims — from the volume of traffic to the complexity of New York laws. Choosing a local, experienced personal injury attorney gives you an immediate advantage.

At Cherny & Podolsky PLLC, we serve clients across Brooklyn neighborhoods including Sheepshead Bay, Brighton Beach, Park Slope, and Crown Heights. We’ve earned a reputation for compassionate service, aggressive legal strategies, and real results.

What to Do Next

If you’ve been injured in an accident:

  • Contact a Brooklyn personal injury attorney as soon as possible
  • Schedule a free consultation
  • Bring all documentation (police reports, medical records, etc.)
  • Ask the questions in this guide to ensure the right fit

We’re here to help you make the smart choice.

Visit our website to learn more or schedule your free case review today.

References

  1. New York State Department of Financial Services. (n.d.). No-Fault Insurance Overview. https://www.dfs.ny.gov/consumers/auto_insurance/no_fault
  2. Justia. (n.d.). New York Civil Practice Law & Rules § 214. https://law.justia.com/codes/new-york/2021/cvp/article-2/section-214/
  3. Insurance Research Council. (2014). Auto Injury Insurance Claims Study. https://www.ircweb.org/News/2014/IRC-Auto-Claim-Study

Brooklyn NY Bicycle Accident? Here’s How a Personal Injury Lawyer Can Help

Brooklyn is one of the most bike-friendly boroughs in New York City, but it’s also one of the most dangerous for cyclists. From congested intersections to distracted drivers, bicycle accidents are a serious concern across neighborhoods like Williamsburg, Downtown Brooklyn, and Prospect Heights. If you or a loved one has been injured in a bicycle accident in Brooklyn NY, a personal injury attorney can help you recover medical costs, lost wages, and more.

This guide explains your legal rights, what to do after a bike crash, and how an experienced Brooklyn personal injury lawyer protects your interests.

Why Are Bicycle Accidents So Common in Brooklyn NY?

According to NYC DOT data, Brooklyn consistently ranks among the boroughs with the highest number of cyclist injuries and fatalities each year [1]. Contributing factors include:

  • Narrow, congested roadways shared by cars, buses, trucks, and cyclists
  • Poorly maintained or obstructed bike lanes
  • Distracted and aggressive drivers
  • Intersections with inadequate signage or visibility
  • Inconsistent enforcement of traffic laws

Even though New York has expanded protected bike lanes and launched Vision Zero initiatives, collisions still happen every day — many with serious consequences.

Common Injuries in Brooklyn Bicycle Accidents

Unlike vehicle occupants, cyclists have little to no protection during a crash. Even a low-speed impact can result in long-term or life-altering injuries, including:

  • Head trauma and traumatic brain injury (TBI)
  • Fractures or broken bones
  • Spinal cord damage or herniated discs
  • Dental and facial injuries
  • Internal bleeding
  • Road rash, lacerations, or soft tissue damage
  • Psychological trauma (PTSD, anxiety)

In some tragic cases, bicycle accidents lead to wrongful death — often from fatal brain or chest injuries.

What to Do After a Bicycle Accident in Brooklyn NY

Knowing how to respond after a bike crash can help protect your health and legal rights. Here are the most important steps to take:

1. Call 911 and seek medical care immediately

Even if your injuries feel minor, get checked by EMS or visit an ER. Some injuries — especially concussions or internal damage — may not be visible right away.

2. Document the scene

If possible, take photos of your bike, the vehicle involved, road conditions, skid marks, traffic signals, and visible injuries.

3. Get driver and witness information

Collect contact details, license plate numbers, and insurance information from the driver. Ask for names and numbers from any witnesses.

4. File a police report

A formal report is critical for your injury claim. Officers from the NYPD or local precinct will usually arrive and file it, but always request a copy.

5. Avoid speaking to the driver’s insurance company

They may try to get you to settle quickly or say something that weakens your claim. Let your attorney handle all communication.

When Can You File a Personal Injury Claim?

In New York, you can file a personal injury claim when another party’s negligence caused your bicycle crash. Common examples of negligence include:

  • Failing to yield at intersections
  • Opening car doors into cyclists (“dooring”)
  • Driving under the influence
  • Running red lights or stop signs
  • Speeding or tailgating
  • Blocking or swerving into a bike lane

You generally have three years from the date of the accident to file a claim [2]. However, if a government entity (such as NYC DOT or NYPD) was involved, a Notice of Claim must be filed within 90 days, and the lawsuit within one year and 90 days [3].

What Compensation Can a Brooklyn Personal Injury Lawyer Help You Recover?

An experienced personal injury attorney will fight for full and fair compensation for all damages related to your bicycle crash.

You may be entitled to recover:

  • Medical expenses (emergency care, surgery, rehab, medications)
  • Lost income due to time away from work
  • Reduced future earning capacity if you’re left with long-term limitations
  • Property damage, including bike replacement and gear
  • Pain and suffering
  • Mental anguish and emotional distress
  • Out-of-pocket expenses, like transportation or home care

If the crash resulted in a fatality, your attorney may also pursue a wrongful death claim on behalf of surviving family members [4].

How a Brooklyn Personal Injury Attorney Can Help

A personal injury lawyer with experience handling bicycle accidents in Brooklyn brings critical value to your case.

1. Thorough accident investigation

Your attorney will collect police reports, medical records, surveillance footage, and eyewitness statements. They may also work with accident reconstruction experts to determine exactly how the crash occurred [5].

2. Handling insurance companies

Don’t face insurers alone. Your lawyer will manage all communication, protect your statements, and push back against lowball offers.

3. Determining liability

Many Brooklyn bike accidents involve more than just the driver — city agencies, construction crews, or even bike manufacturers may also be at fault. Your lawyer identifies all liable parties to maximize your compensation.

4. Meeting deadlines and building your case

Whether negotiating a settlement or going to trial, a personal injury attorney prepares your case with expert precision and keeps it on track with court deadlines.

Why Choose Cherny & Podolsky PLLC?

At Cherny & Podolsky PLLC, we’ve helped injury victims throughout Brooklyn recover from devastating bicycle crashes. We understand how fast an ordinary commute can become a life-changing event — and we’re here to help.

Our law firm, located in Sheepshead Bay, offers:

  • Free case evaluations
  • No legal fees unless we win
  • Clear answers about your legal options
  • Personalized representation from start to finish

We serve neighborhoods across Brooklyn, from Bedford-Stuyvesant to Brighton Beach, with deep knowledge of NYC traffic laws and liability rules.

Frequently Asked Questions (FAQs)

Q: Can I still file a claim if I wasn’t wearing a helmet?

A: Yes. While helmets are encouraged, failure to wear one does not prevent you from filing a claim. However, it may affect how damages are calculated if you suffered a head injury [6].

Q: What if I was partially at fault?

A: New York follows comparative negligence laws, meaning you can still recover compensation even if you were partly to blame. Your compensation will be reduced by your percentage of fault [7].

Q: What if a pothole or road defect caused the crash?

A: You may have a case against the City of New York or another public agency, but a Notice of Claim must be filed within 90 days. Contact a lawyer quickly [3].

Q: Should I talk to the driver’s insurance adjuster?

A: No. Let your attorney handle all communication with insurance companies to avoid damaging your case.

Local Legal Help for Brooklyn Cyclists

Whether you were hit near the Barclays Center, on Flatbush Avenue, or on the Williamsburg Bridge bike path, a bicycle accident can change your life instantly. You don’t have to handle the fallout alone.

At Cherny & Podolsky PLLC, we help Brooklyn cyclists protect their rights and pursue the compensation they deserve. We’ll guide you every step of the way — from filing claims to resolving complex liability issues — so you can focus on healing and getting back on the road.

What to Do Next

If you’ve been injured in a bicycle crash in Brooklyn:

  • Seek medical care right away
  • Do not speak to insurance adjusters without legal advice
  • Contact Cherny & Podolsky PLLC to schedule a free consultation
  • Let us evaluate your case, identify liable parties, and fight for full compensation

We’re here for Brooklyn riders — because cyclists deserve to ride safely and be treated fairly under the law.

References

  1. NYC Department of Transportation. (2023). Cyclist Safety Report. https://www.nyc.gov/html/dot/html/bicyclists/bikestats.shtml
  2. Justia. (n.d.). New York Civil Practice Law & Rules § 214. https://law.justia.com/codes/new-york/2021/cvp/article-2/section-214/
  3. NYC Comptroller’s Office. (n.d.). Notice of Claim Instructions. https://comptroller.nyc.gov/services/for-the-public/claims/
  4. Legal Information Institute. (n.d.). Wrongful Death Overview. Cornell Law School. https://www.law.cornell.edu/wex/wrongful_death
  5. The Platta Law Firm. (n.d.). How accident reconstruction works. https://plattalaw.com/brooklyn/
  6. Nolo. (n.d.). Bike accident liability and helmet laws. https://www.nolo.com/legal-encyclopedia/bicycle-accidents-helmet-laws.html
  7. FindLaw. (n.d.). Comparative negligence in New York. https://www.findlaw.com/state/new-york-law/new-york-negligence-laws.html

Brooklyn NY Wrongful Death Claims: How a Personal Injury Attorney Can Help Families

Losing a loved one because of someone else’s negligence or wrongful actions brings devastating emotional pain and financial strain. In Brooklyn, NY, families facing this loss may be entitled to seek compensation through a wrongful death claim. Such claims not only hold negligent parties responsible but also help families secure the financial resources they need during a difficult time.

This blog outlines how wrongful death claims work in New York, who is eligible to file, the types of compensation available, and how an experienced Brooklyn personal injury attorney can provide compassionate guidance while protecting your family’s rights throughout the legal process.

What Is a Wrongful Death Claim in New York?

A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s negligence, recklessness, or intentional harm. In New York, these claims are governed by the Estates, Powers & Trusts Law (EPTL) § 5-4.1 [1].

To file a wrongful death lawsuit in Brooklyn NY, a representative of the deceased’s estate must prove:

  • A wrongful act or negligence caused the death
  • The deceased could have filed a personal injury claim had they survived
  • Surviving family members suffered financial losses due to the death

Common Causes of Wrongful Death in Brooklyn NY

Brooklyn’s dense population and infrastructure present risks across multiple environments. Some of the most common causes of wrongful death include:

  • Car accidents, including pedestrian and cyclist fatalities
  • Construction accidents, especially in high-risk areas like Downtown Brooklyn or Williamsburg
  • Medical malpractice, such as misdiagnosis or surgical errors
  • Slip-and-fall injuries on unsafe public or private property
  • Defective products or machinery
  • Nursing home negligence

Each situation requires a thorough investigation to determine who is liable and what damages may be recoverable.

Who Can File a Wrongful Death Claim in New York?

Unlike many states, New York law requires the personal representative of the deceased’s estate — not just any family member — to file a wrongful death claim [2].

This representative typically acts on behalf of eligible survivors, such as:

  • The surviving spouse
  • Children of the deceased
  • Parents (if the deceased had no spouse or children)
  • Other dependents or heirs, in rare circumstances

To initiate a claim, the estate must be formally opened in the local Surrogate’s Court, and an executor or administrator must be appointed.

Statute of Limitations: How Long Do You Have to File?

Timing is crucial in wrongful death cases. In New York, the standard statute of limitations for filing a wrongful death claim is two years from the date of death [3].

However, there are important exceptions:

  • If a government agency (e.g., NYC Department of Transportation, NYPD, or MTA) is involved, you must file a Notice of Claim within 90 days and the lawsuit within one year and 90 days [4].
  • If the at-fault party is also facing criminal charges, the clock may be paused until the criminal case concludes.

Missing the deadline can permanently bar your family from recovering compensation. Speak with a wrongful death attorney in Brooklyn as early as possible to preserve your rights.

What Compensation Can You Recover in a Brooklyn Wrongful Death Claim?

New York law only allows families to recover economic damages, not emotional pain or grief. That means compensation focuses on measurable financial loss [5].

Recoverable damages include:

  • Medical expenses related to the fatal injury
  • Funeral and burial costs
  • Lost income, wages, and benefits
  • Value of parental or household services the deceased provided
  • Loss of inheritance
  • Conscious pain and suffering the deceased endured before death (via survival action)
  • Punitive damages in cases of egregious misconduct [6]

Calculating the full value of these losses requires careful documentation and expert analysis — especially when projecting future income or lost benefits.

How a Brooklyn Personal Injury Attorney Can Help Families

Wrongful death claims involve a complex mix of legal, financial, and procedural issues. A skilled Brooklyn personal injury attorney helps your family by handling every part of the process, from filing court papers to negotiating with insurers.

A local attorney can:

  • Investigate the death thoroughly, using accident reports, surveillance footage, witness testimony, and expert evaluations
  • Identify all liable parties, which may include drivers, employers, property owners, or manufacturers
  • Handle all paperwork and deadlines, including filings in Surrogate’s Court and civil courts
  • Negotiate fair settlements, backed by solid evidence and valuation models
  • Represent your family in trial, if the case does not settle

Most importantly, a trusted attorney becomes an advocate for your family while you focus on grieving and healing.

Why Choose Cherny & Podolsky PLLC in Brooklyn NY?

At Cherny & Podolsky PLLC, we’ve spent years helping Brooklyn families recover compensation in wrongful death and injury cases. Our office on E 14th Street is deeply rooted in the community, and we understand the unique legal challenges New Yorkers face.

Here’s what you can expect when you work with us:

  • Free case consultation
  • Clear communication about your options and deadlines
  • Experienced litigation team with local court knowledge
  • No legal fees unless we win your case

Whether your case involves a car crash near Brighton Beach or medical negligence in Coney Island, we’ll handle your claim with skill and compassion.

Frequently Asked Questions (FAQs)

Q: Who can file a wrongful death claim in Brooklyn NY?

A: Only the personal representative of the deceased’s estate can file the claim, but it benefits close relatives such as the spouse, children, or parents [2].

Q: What if the person responsible wasn’t charged with a crime?

A: You can still file a civil wrongful death lawsuit even if no criminal charges were filed or the defendant was found not guilty [1].

Q: Can families recover damages for grief or emotional distress?

A: Unfortunately, no. New York law currently does not allow recovery for emotional suffering, though legislative changes have been proposed.

Q: What is the difference between wrongful death and survival actions?

A: A wrongful death claim compensates family members for their financial loss, while a survival action covers the decedent’s pain, suffering, and medical expenses before death [5].

Q: What is a Notice of Claim?

A: If your wrongful death case involves a government agency, you must file a Notice of Claim within 90 days of the incident or risk losing your right to sue [4].

What to Do if You Believe You Have a Wrongful Death Claim

If your loved one’s death was caused by negligence or wrongdoing, don’t wait. Here are your next steps:

  • Contact a Brooklyn wrongful death lawyer immediately to review the facts
  • Collect key documentation, including the death certificate, medical records, and police reports
  • Open the estate in Surrogate’s Court so a personal representative can be appointed
  • Avoid speaking to insurance adjusters without legal advice

Our team at Cherny & Podolsky PLLC is ready to help you take action and protect your family’s rights.

Local Support You Can Trust

Whether you’re in Gravesend, Manhattan Beach, or Midwood, your family deserves justice and peace of mind. At Cherny & Podolsky PLLC, our Brooklyn, NY personal injury attorneys provide dependable legal support when you need it most. We handle each case with professionalism and care, and we don’t charge a fee unless we recover compensation for you.

References

  1. Legal Information Institute. (n.d.). Wrongful death. Cornell Law School. https://www.law.cornell.edu/wex/wrongful_death
  2. Rosenbaum & Rosenbaum, P.C. (n.d.). Wrongful death lawyer in Brooklyn. https://www.rosenbaumnylaw.com/brooklyn/wrongful-death-lawyer/
  3. Justia. (n.d.). New York Estates, Powers & Trusts Law § 5-4.1. https://law.justia.com/codes/new-york/2019/ept/article-5/part-4/section-5-4.1/
  4. Mirman, Markovits & Landau, P.C. (n.d.). Filing claims against NYC and public agencies. https://mirmanlawyers.com/brooklyn-personal-injury-lawyer/wrongful-death-lawyer/
  5. Raphaelson & Levine Law Firm. (n.d.). Damages in NY wrongful death and survival actions. https://www.raphaelsonlaw.com/services/wrongful-death-attorney
  6. Friedman, Levy, Goldfarb & Green, P.C. (n.d.). Punitive damages in wrongful death. https://friedmanlevy.com/brooklyn/wrongful-death-lawyer/
  7. Injury Claim NYC Law. (n.d.). Gathering evidence in wrongful death cases. https://www.injuryclaimnyclaw.com/brooklyn/wrongful-death-lawyer/
  8. Platta Law Firm. (n.d.). Multiple-party liability in construction accidents. https://plattalaw.com/brooklyn/
  9. Law Offices of Jay S. Knispel. (n.d.). Insurance tactics in wrongful death claims. https://jknylaw.com/brooklyn-wrongful-death-lawyer
 

Injured in a Car Accident? Why You Need a Brooklyn NY Personal Injury Lawyer Immediately

Brooklyn’s streets are busy, unpredictable, and often dangerous. Whether you were rear-ended on the Belt Parkway, hit by a speeding driver in Flatbush, or injured in a multi-vehicle crash near Prospect Park, the aftermath of a car accident can be overwhelming.

If you’ve been injured in a car accident in Brooklyn NY, contacting a personal injury lawyer immediately is one of the most important steps you can take. A skilled attorney can protect your rights, handle the insurance process, and help you pursue full compensation for your injuries and losses.

This blog explains why timing matters, what your lawyer can do for you, and how New York’s no-fault system affects your case.

Why Immediate Legal Help Matters After a Brooklyn Car Accident

Many people wait too long before contacting an attorney. Unfortunately, delays can hurt your case and cost you money. Here’s why it’s critical to act quickly.

1. Preserving evidence is time-sensitive

Crash scenes change fast. Skid marks fade, vehicles are repaired, and surveillance footage may be deleted within days. A Brooklyn car accident lawyer can immediately begin collecting:

  • Photos or videos from nearby traffic cameras
  • Witness statements
  • Police crash reports
  • Vehicle damage assessments
  • Black box (event data recorder) information

The sooner your attorney gets involved, the better your chances of proving fault and recovering damages.

2. Insurance companies act fast — and not in your favor

You may receive calls or emails from the other driver’s insurance company within hours. Their goal is often to minimize what they pay — sometimes by getting you to admit partial fault or accept a lowball settlement.

Having a lawyer on your side means:

  • You don’t have to deal with adjusters directly
  • Your statements are carefully managed
  • All paperwork is reviewed and submitted accurately
  • No deadlines are missed

3. New York’s no-fault insurance laws can be confusing

New York follows a no-fault insurance system, which means your own insurance pays for medical costs and lost wages up to a certain limit, no matter who caused the crash [1]. But if your injuries are “serious” under the law, you can step outside the no-fault system and file a personal injury lawsuit.

An attorney will determine if your case meets the threshold and help you pursue additional compensation not covered by no-fault.

What a Brooklyn Personal Injury Lawyer Can Do for You

Car accident claims involve more than filling out forms. A personal injury lawyer ensures your case is properly valued, aggressively represented, and never rushed to an unfair conclusion.

Here’s how a local attorney can help:

Investigate the crash

Your lawyer works with investigators to collect:

  • Crash scene evidence
  • Traffic camera footage
  • Phone records (to prove distracted driving)
  • Accident reconstruction reports

This builds the foundation of a strong claim.

File all claims and paperwork

New York’s auto insurance claims involve strict deadlines. Your attorney handles:

  • No-fault benefits applications (must be filed within 30 days)
  • Bodily injury claims with the at-fault driver’s insurer
  • Uninsured/underinsured motorist claims
  • Lawsuit filings, if necessary

Prove liability and damages

To succeed in a personal injury lawsuit, you must prove the other driver was negligent and that your injuries meet the “serious injury” threshold under New York law [2].

Your lawyer gathers medical records, wage statements, and expert opinions to build a comprehensive case.

Negotiate or litigate for full compensation

Many cases settle through negotiation, but if insurers won’t offer what you deserve, your lawyer can take the case to court and present it to a jury.

What Damages Can You Recover After a Car Accident in Brooklyn NY?

A serious injury can disrupt every part of your life — physically, financially, and emotionally. A personal injury lawyer fights to recover damages that reflect your real losses.

Compensation may include:

  • Medical bills (surgery, physical therapy, prescription medication)
  • Future medical costs
  • Lost wages and loss of future earnings
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Vehicle and property damage

If the accident caused a wrongful death, surviving family members may also recover funeral expenses, lost financial support, and other damages [3].

Common Car Accident Injuries That May Qualify for a Lawsuit

Under New York’s no-fault law, you can only sue if your injuries are deemed “serious.” Your attorney will evaluate your medical records to determine if your injuries qualify.

Common qualifying injuries include:

  • Fractured bones
  • Permanent loss of use of a body part
  • Significant disfigurement
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Loss of a fetus
  • Injuries resulting in significant time away from work

Your lawyer may work with doctors and specialists to document the long-term impact of your injuries.

Why Choose Cherny & Podolsky PLLC?

At Cherny & Podolsky PLLC, we know how car accidents upend lives. From our office in Brooklyn, we help crash victims throughout Kings County pursue the justice and compensation they deserve.

When you hire us, you get:

  • Free consultations
  • Direct access to experienced attorneys
  • No legal fees unless we win
  • Skilled negotiations with insurers
  • Local knowledge of Brooklyn traffic laws and courts

We’ve successfully recovered compensation for clients injured in rear-end collisions, side-impact crashes, pedestrian strikes, hit-and-runs, and more.

Frequently Asked Questions (FAQs)

Q: How long do I have to file a car accident claim in Brooklyn NY?

A: In most cases, you have three years from the date of the accident to file a personal injury lawsuit [4]. However, if a government vehicle was involved, you may have only 90 days to file a Notice of Claim [5].

Q: Should I still hire a lawyer if the accident seems minor?

A: Yes. Many injuries worsen over time or involve hidden complications. A lawyer ensures you don’t accept a low settlement before fully understanding the long-term effects.

Q: What if the other driver doesn’t have insurance?

A: You may be able to file an uninsured motorist (UM) claim through your own policy. Your attorney can review your coverage and file the proper paperwork.

Q: What if I was partly at fault?

A: New York follows comparative negligence rules. You can still recover damages, but your compensation will be reduced by your percentage of fault [6].

What to Do Immediately After a Car Accident in Brooklyn NY

Here’s a practical checklist:

  • Call 911 and request medical attention
  • Take photos of the scene, vehicle damage, and injuries
  • Exchange contact and insurance info with all parties
  • Get contact details for witnesses
  • File a police report
  • Seek medical care, even if symptoms are minor
  • Contact a Brooklyn personal injury lawyer right away

Early legal guidance can be the difference between a fair recovery and walking away with nothing.

Get Help From a Brooklyn Car Accident Attorney Today

If you were injured in a car accident, don’t wait to get legal help. Insurance companies move fast — so should you.

At Cherny & Podolsky PLLC, we help Brooklyn drivers, passengers, and pedestrians fight back after serious crashes. From filing your no-fault claim to negotiating the best possible settlement, we’ll handle every step of the process — and we don’t charge a fee unless we win.

Contact us today to schedule your free consultation.

References

  1. New York State Department of Financial Services. (n.d.). No-Fault Insurance. https://www.dfs.ny.gov/consumers/auto_insurance/no_fault
  2. N.Y. Insurance Law § 5102(d). Definition of serious injury. https://law.justia.com/codes/new-york/2010/isc/article-51/5102
  3. Legal Information Institute. (n.d.). Wrongful Death. Cornell Law School. https://www.law.cornell.edu/wex/wrongful_death
  4. Justia. (n.d.). New York Civil Practice Law & Rules § 214. https://law.justia.com/codes/new-york/2021/cvp/article-2/section-214/
  5. NYC Comptroller’s Office. (n.d.). Notice of Claim Filing. https://comptroller.nyc.gov/services/for-the-public/claims/
  6. FindLaw. (n.d.). New York Comparative Negligence Laws. https://www.findlaw.com/state/new-york-law/new-york-negligence-laws.html

© 2022 CP Law Firm | designed by IL Webdesign

logo-footer