10 Ways a Personal Injury Lawyer in Brooklyn, NY Protects Your Rights
Accidents can happen anywhere, from busy Brooklyn streets to workplaces and apartment buildings. For victims, the consequences often include medical bills, lost wages, and emotional stress. At Cherny & Podolsky, we know how important it is to have an experienced injury lawyer in Brooklyn NY by your side. A skilled attorney protects your rights, ensures fairness, and helps you secure the compensation you deserve.
Why Legal Help Matters After an Injury
When an accident occurs, victims are often left vulnerable. Insurance companies may offer low settlements, and medical expenses can grow quickly. The Cleveland Clinic notes that serious injuries, such as fractures or head trauma, often require long-term rehabilitation [1].
Without proper representation, you risk losing out on full recovery. By hiring an injury lawyer in Brooklyn NY, you gain an advocate who knows how to fight back against unfair tactics.
1. Investigating the Accident Thoroughly
An attorney begins by collecting evidence to understand how the accident happened.
Key Steps in Investigation
Reviewing accident reports and police documentation
Interviewing witnesses who saw what occurred
Examining photographs, video footage, or surveillance
Consulting with experts in accident reconstruction
A detailed investigation allows an injury lawyer in Brooklyn NY to build a strong foundation for your case.
2. Gathering Medical Evidence
Medical documentation proves the extent of your injuries. The Mayo Clinic highlights how untreated injuries, such as whiplash or back problems, can lead to chronic complications [2].
Your attorney works with healthcare providers to secure:
Hospital and treatment records
Diagnostic tests like MRIs or X-rays
Doctor and therapist notes about prognosis
With this evidence, an injury lawyer in Brooklyn NY demonstrates the true cost of your medical care.
3. Communicating With Insurance Companies
Insurance adjusters often attempt to reduce payouts. They may argue that injuries were preexisting or unrelated. An injury lawyer in Brooklyn NY manages all communication, preventing you from being pressured into unfair settlements.
By negotiating directly with insurers, your attorney ensures that your claim is taken seriously and valued appropriately.
4. Calculating Full Compensation
Compensation extends beyond immediate bills. An injury lawyer in Brooklyn NY calculates both economic and non-economic damages.
Common Damages Include
Medical expenses for emergency care and rehabilitation
Lost wages and reduced earning potential
Pain and suffering damages for emotional distress
Future costs related to ongoing medical care
By addressing all categories, your lawyer maximizes recovery.
5. Proving Negligence
To win a case, negligence must be proven. According to the American Bar Association, negligence requires showing that a party owed a duty of care, breached that duty, and caused harm [3].
An injury lawyer in Brooklyn NY presents evidence such as accident reports, expert testimony, and safety violations to establish liability.
6. Handling Comparative Negligence Issues
New York follows the comparative negligence rule, meaning compensation is reduced if the victim shares fault [4]. For instance, if you are 20% at fault, your award decreases by 20%.
An injury lawyer in Brooklyn NY works to minimize blame placed on you, protecting your recovery from unnecessary reductions.
7. Representing You in Settlement Negotiations
Most personal injury cases settle out of court. A skilled attorney negotiates with insurance companies and opposing counsel.
An injury lawyer in Brooklyn NY uses evidence, medical records, and expert testimony to push for fair offers. If settlement is not possible, they are ready to move forward with litigation.
8. Preparing for Trial
If your case proceeds to trial, preparation is critical. Your lawyer will:
File necessary motions and legal documents
Prepare witnesses and experts for testimony
Present evidence in court
Advocate strongly before a judge and jury
An injury lawyer in Brooklyn NY ensures your voice is heard and your rights are defended throughout the trial.
9. Protecting You From Legal Mistakes
Personal injury law is complex. Missing deadlines or filing errors can jeopardize a case. In New York, victims generally have three years to file a personal injury claim [5].
By working with an injury lawyer in Brooklyn NY, you ensure that paperwork, deadlines, and court rules are all handled correctly.
10. Providing Local Knowledge and Support
Brooklyn has unique challenges, including crowded intersections, aging buildings, and construction zones. A local attorney understands these issues and knows the community.
An injury lawyer in Brooklyn NY brings local insight, court familiarity, and connections with area experts, which strengthens your case.
Additional Ways a Lawyer Protects You
Beyond the 10 primary roles, attorneys also:
Advocate for ongoing medical treatment
Work with vocational experts to document career impact
Coordinate with mental health professionals for emotional distress claims
These extra steps ensure your recovery is addressed in every aspect.
Why Cherny & Podolsky Is a Trusted Brooklyn Firm
At Cherny & Podolsky, we combine legal experience, compassion, and aggressive representation for accident victims. From the first consultation to the final resolution, we are committed to standing by your side.
Explore our personal injury services page for details on how we help clients. If you’re ready to discuss your case, connect through our contact page today.
Frequently Asked Questions (FAQs)
When should I call a lawyer after an accident?
You should contact an injury lawyer in Brooklyn NY as soon as possible to preserve evidence and meet filing deadlines.
How much does a personal injury lawyer cost?
Most work on a contingency fee basis, meaning you pay nothing unless the case is successful [3].
What types of accidents qualify for personal injury claims?
Common cases include car accidents, slip and fall incidents, workplace injuries, and medical malpractice.
Will my case go to trial?
Many cases are settled, but an injury lawyer in Brooklyn NY prepares every case as if trial were possible.
What compensation can I expect?
Compensation depends on injury severity, medical bills, lost wages, and pain and suffering. Your attorney will evaluate all factors.
Get the Legal Support You Deserve in Brooklyn
Accidents can disrupt every aspect of your life, but the right attorney can help you rebuild. With an injury lawyer in Brooklyn NY from Cherny & Podolsky, you gain a dedicated advocate who will fight for your rights and pursue fair compensation.
Schedule your consultation today through our contact page. Let us help you achieve the justice and recovery you deserve.
References
- Cleveland Clinic. (2023). Fracture care and rehabilitation. Retrieved from https://my.clevelandclinic.org
- Mayo Clinic. (2022). Whiplash – Symptoms and causes. Retrieved from https://www.mayoclinic.org
- American Bar Association. (2023). Negligence in personal injury law. Retrieved from https://www.americanbar.org
- New York State Unified Court System. (2023). Comparative negligence in civil cases. Retrieved from https://www.nycourts.gov
- New York State Unified Court System. (2023). Statute of limitations for personal injury claims. Retrieved from https://www.nycourts.gov
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
- New York State Department of Financial Services. (n.d.). No-Fault Insurance. https://www.dfs.ny.gov/consumers/auto_insurance/no_fault
- N.Y. Insurance Law § 5102(d). Definition of serious injury. https://law.justia.com/codes/new-york/2010/isc/article-51/5102
- Legal Information Institute. (n.d.). Wrongful Death. Cornell Law School. https://www.law.cornell.edu/wex/wrongful_death
- Justia. (n.d.). New York Civil Practice Law & Rules § 214. https://law.justia.com/codes/new-york/2021/cvp/article-2/section-214/
- NYC Comptroller’s Office. (n.d.). Notice of Claim Filing. https://comptroller.nyc.gov/services/for-the-public/claims/
- FindLaw. (n.d.). New York Comparative Negligence Laws. https://www.findlaw.com/state/new-york-law/new-york-negligence-laws.html
