How a Brooklyn Personal Injury Lawyer Can Maximize Your Compensation
Accidents happen without warning, leaving victims overwhelmed with medical expenses, lost wages, and uncertainty about the future. At Cherny & Podolsky, we recognize how critical it is for injury victims to receive the financial resources they need to recover. This blog explores how a Brooklyn personal injury lawyer can guide you through the legal process and help maximize your compensation after an accident.
Why Compensation Matters After an Injury
Accident injuries often bring challenges that extend well beyond emergency treatment. Victims may require months of rehabilitation, long-term prescriptions, or assistance with daily tasks. According to the Cleveland Clinic, recovering from concussions or spinal injuries often requires intensive therapy and lifestyle adjustments [1].
Without proper compensation, these burdens can cause lasting financial strain. A Brooklyn personal injury lawyer ensures every cost – both immediate and future is considered when seeking damages.
The Critical Role of a Brooklyn Personal Injury Lawyer
Legal representation provides more than courtroom advocacy. A Brooklyn personal injury lawyer acts as an investigator, strategist, and negotiator, offering protection at every step.
Core Responsibilities of an Attorney
Gathering evidence from the accident scene and witness statements.
Working with experts to establish the long-term effects of injuries.
Negotiating settlements with insurance providers.
Litigating in court when settlements are inadequate.
This comprehensive approach empowers victims to focus on recovery while knowing their rights are defended.
Proving Negligence in Personal Injury Claims
Negligence must be established to succeed in a personal injury case. A Brooklyn personal injury lawyer demonstrates that the defendant owed a duty of care, breached that duty, and caused measurable harm.
For instance, if a property owner fails to repair a broken stairway and a visitor falls, negligence is evident. Similarly, a driver texting at the wheel who causes a collision can be held liable for damages [2].
Types of Damages You Can Recover
The financial and emotional toll of an accident goes beyond hospital bills. A Brooklyn personal injury lawyer calculates economic and non-economic damages to ensure a fair settlement.
Economic Damages
Emergency medical care and surgeries
Ongoing rehabilitation and physical therapy
Lost wages and diminished future earning capacity
Prescription medications
Non-Economic Damages
Emotional distress
Loss of companionship
Pain and suffering
Reduced quality of life
By building a full picture of damages, attorneys make sure no losses are undervalued.
The Value of Medical Documentation
Medical records form the backbone of most personal injury cases. A Brooklyn personal injury lawyer collaborates with healthcare providers to establish how the accident caused injuries and what treatments are necessary.
The Mayo Clinic notes that untreated injuries, such as whiplash or concussions, can worsen over time and require extended therapy [3]. Presenting such medical evidence ensures victims secure both present and future compensation.
Negotiating With Insurance Companies
Insurance providers are known for minimizing payouts. A Brooklyn personal injury lawyer ensures victims do not accept settlements that fail to reflect the true value of their injuries.
Common Insurance Tactics
Offering lowball settlements immediately after the accident.
Disputing the extent of medical conditions.
Prolonging the process to pressure victims into settling.
An attorney uses evidence-based negotiation to challenge these tactics and secure fair outcomes [4].
Preparing for Trial
Although most cases settle, some require litigation. A Brooklyn personal injury lawyer prepares every claim as though it may go before a judge. This preparation not only strengthens negotiations but also demonstrates commitment to achieving justice.
Advantages of Trial Readiness
The chance to fully present your story.
The potential for higher compensation than settlement offers.
Leverage to push insurers toward better settlements.
This dual approach ensures clients are positioned for the best possible results.
Why Local Experience Matters
Local knowledge can give accident victims a decisive advantage. A Brooklyn personal injury lawyer understands the area’s courts, judges, and insurers, which helps build strategies tailored to the region.
From navigating dense traffic conditions to recognizing risks at local construction sites, a lawyer familiar with Brooklyn ensures cases reflect the realities of living and working in this community.
Common Personal Injury Cases in Brooklyn
Cherny & Podolsky represents clients in a wide range of cases, including:
Motor vehicle collisions involving cars, trucks, or motorcycles
Pedestrian and bicycle accidents on busy city streets
Slip and fall cases in stores, restaurants, or residential buildings
Construction site injuries in Brooklyn’s growing development areas
Medical malpractice claims against negligent providers
- And many other situations where negligence results in harm
Each type requires specialized legal strategies, but the goal remains the same: maximize recovery for clients.
How Pain and Suffering Are Calculated
A significant portion of compensation often comes from non-economic damages, such as pain and suffering. Unlike medical bills, these are harder to quantify. A Brooklyn personal injury lawyer uses expert testimony, psychological evaluations, and personal accounts to prove the lasting emotional impact of injuries [5].
This ensures that the settlement reflects not only the physical consequences but also the mental and emotional hardships caused by the accident.
How Comparative Negligence Affects Your Case
New York follows a comparative negligence rule, meaning compensation may be reduced if you are found partially at fault for the accident. For example, if you are 20% responsible for a car crash, your award is reduced by 20%.
A Brooklyn personal injury lawyer works to minimize fault assigned to victims, protecting their right to maximum recovery under state law [6].
Cherny & Podolsky: Supporting Brooklyn Residents
At Cherny & Podolsky, we combine personalized attention with aggressive advocacy. From initial consultation to final resolution, we ensure that clients are guided with clarity and compassion.
Frequently Asked Questions (FAQs)
How long do I have to file a claim in New York?
Most personal injury claims must be filed within three years of the accident. A Brooklyn personal injury lawyer helps ensure all deadlines are met [7].
What damages can I recover?
Victims may recover costs for medical treatment, lost income, and emotional distress. The exact amount depends on the details of each case.
Will my case go to trial?
Not all cases go to trial. Many settle during negotiation, but if insurers refuse fair offers, your Brooklyn personal injury lawyer may recommend court action.
How do attorney fees work?
Most personal injury attorneys operate on a contingency basis, meaning clients only pay if the case is successful [8].
Why hire Cherny & Podolsky?
Our firm blends local experience with proven legal strategies, ensuring clients receive both strong advocacy and personal guidance throughout the process.
Start Your Recovery Journey with Cherny & Podolsky
If you or someone you love has been injured in an accident, don’t settle for less than what you deserve. A Brooklyn personal injury lawyer at Cherny & Podolsky can fight for the maximum compensation to secure your future.
Reach out today to schedule a consultation. Let us protect your rights, hold negligent parties accountable, and help you rebuild your life.
References
- Cleveland Clinic. (2023). Concussion recovery and rehabilitation. Retrieved from https://my.clevelandclinic.org
- New York State Department of Transportation. (2022). Traffic laws and safety guidelines. Retrieved from https://www.dot.ny.gov
- Mayo Clinic. (2022). Injury treatment and prevention. Retrieved from https://www.mayoclinic.org
- American Bar Association. (2023). Dealing with insurance companies in personal injury claims. Retrieved from https://www.americanbar.org
- American Psychological Association. (2022). Understanding pain, suffering, and emotional distress. Retrieved from https://www.apa.org
- New York State Unified Court System. (2023). Comparative negligence and civil liability. Retrieved from https://www.nycourts.gov
- New York State Unified Court System. (2023). Statute of limitations for personal injury. Retrieved from https://www.nycourts.gov
- American Association for Justice. (2022). How contingency fees work in personal injury law. Retrieved from https://www.justice.org
Personal Injury in Brooklyn, NY: What Every Accident Victim Needs to Know
Accidents can disrupt lives in ways that few people anticipate. Medical bills, time away from work, and emotional distress all take a toll. At Cherny & Podolsky PLLC, we understand how overwhelming this can be, and we are committed to guiding Brooklyn residents through every step of recovery. If you are considering speaking with a personal injury lawyer in Brooklyn, this guide explains the essentials every accident victim needs to know.
What Counts as a Personal Injury Case?
In the simplest terms, a personal injury case arises when someone is harmed due to another party’s negligence. A personal injury lawyer in Brooklyn represents individuals in cases that may include:
- Car and truck accidents
- Pedestrian and bicycle injuries
- Slip and fall incidents on unsafe property
- Workplace accidents
- Medical malpractice or errors
Each situation requires careful investigation, and working with an attorney ensures deadlines are met and evidence is preserved.
The Role of a Lawyer After an Accident
Hiring legal representation isn’t just about filing paperwork. It’s about having someone who can protect your rights and prevent insurance companies from taking advantage of you. A personal injury lawyer in Brooklyn provides critical support in several ways:
Protecting Evidence Early
Evidence can disappear quickly—witness memories fade, security footage is erased, and accident sites are cleaned. Attorneys act fast to preserve these details.
Handling Insurance Companies
Insurance adjusters may seem friendly, but their goal is to minimize payouts. Having legal representation means negotiations are done from a position of strength.
Ensuring Full Compensation
From medical bills to lost income, a lawyer calculates not only immediate costs but also long-term expenses, such as ongoing therapy or reduced earning capacity (Cleveland Clinic, 2023).
Common Injuries Seen in Brooklyn Personal Injury Cases
Brooklyn hospitals and clinics frequently treat accident victims suffering from:
Head and brain injuries: concussions, traumatic brain injuries
Spinal injuries: herniated discs, paralysis, mobility challenges
Fractures and sprains: broken bones that require extended recovery
Soft tissue injuries: whiplash, torn ligaments, severe bruising
Emotional trauma: anxiety, depression, or post-traumatic stress (APA, 2022)
A personal injury lawyer in Brooklyn works closely with medical providers to document injuries thoroughly, ensuring claims reflect the full scope of damage.
Steps to Take Immediately After an Accident
Your actions after an accident strongly influence the outcome of a future claim. Experts recommend the following:
Seek immediate medical attention — even if symptoms seem mild, a doctor’s evaluation creates a record of your injuries (Mayo Clinic, 2023).
Document the scene — photographs, video, and witness contact details strengthen your case.
File an official report — whether it’s police for a car accident or a manager for workplace incidents.
Consult with an attorney quickly — a personal injury lawyer in Brooklyn ensures critical deadlines aren’t missed.
Compensation Available to Victims
Victims may be entitled to different forms of damages depending on their case:
Economic damages: hospital bills, rehabilitation costs, lost wages, future medical care.
Non-economic damages: emotional pain, reduced quality of life, loss of companionship.
Punitive damages: in cases involving gross negligence or reckless conduct.
Attorneys at CP Law Firm carefully calculate both present and future needs to prevent under-settlement.
Deadlines for Filing Claims in New York
Under New York law, most personal injury lawsuits must be filed within three years of the incident. However, special rules apply when government entities are involved, sometimes reducing deadlines to 90 days for filing a notice of claim. A personal injury lawyer in Brooklyn ensures these strict timelines are met.
The Legal Process: What to Expect
Victims often wonder what happens once they hire representation. Here’s a simplified process:
Initial Consultation
You’ll meet with an attorney to review your case, ask questions, and discuss potential strategies.
Investigation and Evidence Gathering
Attorneys collect records, witness statements, expert testimony, and accident reports.
Negotiation with Insurance Companies
Most cases settle before trial, but settlement discussions require strong negotiation skills.
Trial (if necessary)
If negotiations fail, your case may proceed to court. A personal injury lawyer in Brooklyn advocates aggressively on your behalf.
The Importance of Medical Documentation
Courts and insurers rely heavily on medical evidence to determine injury severity. Treatment records from hospitals, rehabilitation centers, and therapists support your claim. According to PubMed (2022), consistent medical documentation improves case credibility and helps demonstrate long-term effects of injuries.
Local Perspective: Personal Injury in Brooklyn
Brooklyn’s dense traffic, active construction zones, and diverse neighborhoods create unique risks. From busy intersections like Flatbush Avenue to residential slips and falls, a personal injury lawyer in Brooklyn understands how local conditions influence cases. Knowledge of nearby courts and judges also benefits clients pursuing claims.
Understanding Comparative Negligence in New York
One of the most common questions accident victims ask is, “What if I was partly at fault?” In New York, the law follows a comparative negligence system. This means that even if you were partially responsible for the accident, you can still recover damages.
For example, if a jury finds you 20% at fault for a car accident and your damages total $100,000, you would still be eligible to receive $80,000. A personal injury lawyer in Brooklyn helps ensure your share of responsibility is minimized and that you don’t lose out on the compensation you deserve.
The Emotional and Psychological Impact of Accidents
Accidents don’t just cause physical injuries—they also create emotional scars. Victims may struggle with anxiety, depression, sleep disturbances, or post-traumatic stress disorder (PTSD) long after the event. According to the American Psychological Association (APA, 2022), early intervention and counseling improve recovery outcomes significantly.
A personal injury lawyer in Brooklyn considers these non-economic damages when negotiating with insurance companies. Documenting the psychological effects of an accident can increase the value of your claim and ensure your recovery addresses both body and mind.
Why Choosing a Local Brooklyn Lawyer Matters
The legal system is not the same everywhere. Hiring a local professional provides unique advantages, such as:
Familiarity with Brooklyn courts and judges.
Knowledge of local accident hotspots and community safety issues.
Strong relationships with area medical providers and expert witnesses.
Accessibility—you can meet face-to-face without traveling far.
A personal injury lawyer in Brooklyn understands the community, the traffic patterns, and even the local jury pool. This local insight can make a meaningful difference in the outcome of your case.
Choosing the Right Law Firm
When searching for representation, consider:
Experience with Brooklyn courts and insurance negotiations.
Reputation in handling personal injury cases successfully.
Transparency about fees, typically offered on contingency.
Accessibility and responsiveness throughout your case.
At Cherny & Podolsky PLLC, we combine decades of legal knowledge with a personal commitment to supporting clients across Brooklyn.
Frequently Asked Questions (FAQs)
What if I can’t afford an attorney?
Most firms, including CP Law Firm, work on a contingency fee basis—you pay nothing unless your case is won.
Can I still recover damages if I was partly at fault?
Yes. New York applies comparative negligence laws. You may still receive compensation, but it is reduced by your percentage of fault.
How long will my case take?
Some settle in months; others may take years depending on evidence and negotiation outcomes. A personal injury lawyer in Brooklyn will give a clearer timeline after review.
What kinds of accidents qualify as personal injury cases?
Car accidents, workplace injuries, slip and falls, and even medical negligence may qualify if caused by another party’s negligence.
Will my case go to trial?
Not always. Many cases are resolved through settlements. However, attorneys prepare each case as if trial were possible to maximize results.
Take the Next Step Toward Justice
If you or a loved one has been injured, don’t wait to get the support you deserve. An experienced personal injury lawyer in Brooklyn can help you recover compensation and protect your rights.
At Cherny & Podolsky PLLC, we stand by Brooklyn residents, offering trusted legal guidance and a clear path forward after an accident.
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
- New York State Department of Financial Services. (n.d.). No-Fault Insurance Overview. https://www.dfs.ny.gov/consumers/auto_insurance/no_fault
- Justia. (n.d.). New York Civil Practice Law & Rules § 214. https://law.justia.com/codes/new-york/2021/cvp/article-2/section-214/
- Insurance Research Council. (2014). Auto Injury Insurance Claims Study. https://www.ircweb.org/News/2014/IRC-Auto-Claim-Study
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
