Top Secrets to a Successful Personal Injury Claim in Brooklyn NY
At Cherny & Podolsky, we know that navigating a personal injury claim in Brooklyn NY can be overwhelming. From the moment an accident occurs, victims face not only physical pain but also emotional stress and financial challenges. That’s why understanding the process and knowing how to strengthen your claim is essential. In this guide, we’ll share proven strategies that can make your case stronger and help you move toward the compensation you deserve.
What Is a Personal Injury Claim in Brooklyn NY?
A personal injury claim in Brooklyn NY is a legal process where an injured person seeks compensation from the party responsible for causing harm. It often applies in cases of car accidents, workplace incidents, slip-and-fall accidents, medical malpractice, and other situations where negligence plays a role.
To be successful, your case must establish four key elements:
- The other party owed you a duty of care.
- They breached that duty through negligence.
- Their actions directly caused your injuries.
- You suffered damages such as medical bills, lost wages, or pain and suffering.
Without meeting these requirements, a claim may not move forward. Understanding them early helps you and your attorney build a stronger case.
Why Timing Matters in a Personal Injury Claim in Brooklyn NY
Time is one of the most important factors when pursuing a personal injury claim in Brooklyn NY. New York law sets strict deadlines, known as statutes of limitations. Typically, accident victims have three years from the date of the incident to file a claim.
If you miss this deadline, you usually lose your right to seek compensation. Starting early ensures your attorney has enough time to collect evidence, gather witness statements, and file all necessary paperwork before deadlines pass.
Collecting Strong Evidence for Your Case
Evidence is the foundation of every personal injury claim in Brooklyn NY. The more detailed and reliable your evidence, the greater your chances of success.
Key forms of evidence include:
- Medical records that document your injuries and treatments.
- Police or accident reports that provide objective details.
- Photos or videos of the scene, hazardous conditions, or visible injuries.
- Statements from witnesses who observed the incident.
- Expert testimony that explains long-term impacts on your health.
As highlighted by the Mayo Clinic (2023), consistent medical documentation is critical in linking your injuries directly to the accident.
The Importance of Seeking Medical Care Immediately
Some injuries appear minor at first but can worsen if left untreated. The Cleveland Clinic (2024) notes that conditions such as concussions or internal bleeding may not show symptoms right away.
By seeking care immediately after an accident, you:
- Protect your health from complications.
- Establish medical proof that connects your injuries to the accident.
- Prevent insurers from questioning the seriousness of your claim.
This step not only safeguards your well-being but also strengthens your legal case.
Choosing the Right Attorney in Brooklyn NY
Working with an experienced attorney is one of the most effective ways to succeed in a personal injury claim in Brooklyn NY. Attorneys bring knowledge, negotiation skills, and trial experience that most individuals don’t have on their own.
How an Attorney Helps Your Case
- They manage communication with insurance companies.
- They ensure all paperwork is filed correctly and on time.
- They calculate the full extent of your damages, including future medical costs.
- They prepare your case for trial, even if the goal is a settlement.
At Cherny & Podolsky, we specialize in helping Brooklyn residents navigate complex injury claims. Our legal team has a track record of fighting for fair compensation and standing by clients every step of the way.
Maximizing Compensation in Your Personal Injury Claim in Brooklyn NY
Victims often underestimate the true cost of an accident. Beyond immediate medical bills, there are ongoing expenses that should be factored into your claim.
Compensation can include:
- Current and future medical treatment costs.
- Lost wages and reduced earning potential.
- Physical therapy and rehabilitation expenses.
- Pain, suffering, and emotional trauma.
Your attorney may also consult with medical experts and financial planners to ensure no losses are overlooked.
Mistakes That Can Ruin Your Case
Even strong claims can be damaged by avoidable mistakes.
Common Missteps Include:
- Posting about your accident or recovery on social media.
- Accepting a quick settlement without legal advice.
- Ignoring follow-up medical treatment.
- Giving recorded statements to insurance adjusters.
These actions can weaken credibility and reduce potential compensation. Working closely with your attorney helps you avoid costly errors.
Negotiation Strategies That Work
Most personal injury claim in Brooklyn NY cases never reach trial. Instead, they are settled through negotiations with insurance companies. Attorneys use evidence, case law, and expert testimony to push for fair settlements.
Being prepared for trial, however, ensures you’re not pressured into an unfair deal. Strong preparation shows insurers that you’re serious and willing to fight for your rights.
The Role of Medical Experts and Specialists
Medical experts often play a central role in injury claims. They can:
- Testify about the severity of your injuries.
- Explain the long-term effects on your health.
- Provide credibility to your claims of pain and suffering.
According to PubMed (2022), expert testimony often increases the likelihood of favorable settlements or verdicts.
Understanding Comparative Negligence in New York
New York follows a rule known as comparative negligence. This means that even if you were partly at fault for the accident, you may still recover compensation. However, your damages are reduced by the percentage of fault assigned to you.
For example, if you were found 20% responsible, your total settlement would be reduced by 20%. Understanding this rule helps set realistic expectations.
The Psychological Side of Injury Recovery
Physical injuries are only part of the story. Victims often face emotional struggles, including anxiety, depression, and post-traumatic stress disorder. The American Psychological Association (2023) emphasizes that untreated psychological trauma can prolong recovery and affect quality of life.
Adding mental health treatment as part of your personal injury claim in Brooklyn NY ensures that both physical and emotional damages are recognized in your compensation.
Local Support and Resources in Brooklyn NY
Brooklyn offers a wide range of community resources to support injury victims. From rehabilitation clinics to local advocacy organizations, these services ensure you don’t have to face recovery alone.
You can also visit Cherny & Podolsky’s Google Business Profile for directions, reviews, and more about our services at: 2681 E 14th St, Brooklyn, NY 11235
Frequently Asked Questions (FAQs)
What Is the Statute of Limitations for a Personal Injury Claim in Brooklyn NY?
The statute of limitations is typically three years from the date of the accident. Filing after this period may result in your case being dismissed.
How Much Is a Personal Injury Claim in Brooklyn NY Worth?
The value depends on your medical costs, lost wages, severity of injuries, and emotional suffering. Each case is unique, and only a thorough evaluation can provide an accurate estimate.
Can I File a Personal Injury Claim in Brooklyn NY Without an Attorney?
You can file on your own, but your chances of success are much lower. Attorneys know how to gather evidence, negotiate settlements, and prepare for trial.
Will My Case Go to Trial?
Most claims settle before reaching trial. However, being prepared to go to court ensures you aren’t pressured into an unfair settlement.
What Should I Do Immediately After an Accident in Brooklyn NY?
Seek medical attention, document the scene, collect witness information, and contact an attorney as soon as possible to protect your rights.
Take the Next Step Toward Justice in Brooklyn NY
A personal injury claim in Brooklyn NY requires preparation, evidence, and skilled legal representation. With the right strategy, you can secure the compensation needed to cover medical expenses, lost wages, and long-term recovery.
At Cherny & Podolsky, we are committed to guiding Brooklyn residents through every step of the legal process. Our team combines local knowledge with years of legal expertise to help you achieve the best outcome.
Visit us at 2681 E 14th St, Brooklyn, NY 11235, or contact us to schedule a consultation today. Protect your rights and let Cherny & Podolsky fight for the justice you deserve.
References
- Cleveland Clinic. (2024). Trauma and injury care. Retrieved from https://my.clevelandclinic.org
- Mayo Clinic. (2023). Personal injury and trauma-related conditions. Retrieved from https://www.mayoclinic.org
- PubMed. (2022). Role of expert testimony in personal injury litigation. Retrieved from https://pubmed.ncbi.nlm.nih.gov
- American Psychological Association. (2023). Psychological effects of trauma. Retrieved from https://www.apa.org
Choosing the Right Personal Injury Lawyer in Brooklyn, NY: 5 Key Tips
Finding the right attorney after an accident can be life-changing. Medical bills, insurance companies, and legal deadlines can feel overwhelming. At Cherny & Podolsky, we know how critical it is to have skilled representation. By choosing a personal injury attorney in Brooklyn, you protect your rights and strengthen your chances of obtaining the compensation you deserve.
Why the Right Lawyer Matters
When you are injured, the legal system may feel confusing. Victims often face medical expenses, lost income, and rehabilitation needs. The Cleveland Clinic reports that injuries such as fractures and concussions frequently require long-term recovery [1].
An attorney helps organize evidence, file paperwork, and negotiate with insurers. By choosing a personal injury attorney in Brooklyn, you work with someone who understands local courts, insurance companies, and how to pursue maximum recovery.
Tip 1: Look for Experience in Personal Injury Cases
Not every attorney practices personal injury law. Choosing one who does is essential.
Why Experience Is Important
Personal injury law requires knowledge of liability rules, medical terms, and insurance strategies.
Attorneys with experience in car accidents, slip and falls, and workplace injuries are better prepared.
Lawyers with a history of settlements and trials know how to adapt to challenges.
By choosing a personal injury attorney in Brooklyn with experience, you gain a professional who can anticipate obstacles.
Tip 2: Evaluate Communication and Accessibility
A successful legal relationship depends on clear communication. Victims should never feel ignored or uncertain about their case.
Signs of Good Communication
Quick responses to phone calls and emails
Clear explanations of legal procedures in simple language
Willingness to meet in person at a local office
By choosing a personal injury attorney in Brooklyn who is accessible, you ensure your case receives attention and your questions are answered.
Tip 3: Check Reputation and Client Reviews
Reputation offers insight into how a lawyer treats clients. Look for reviews highlighting professionalism, compassion, and results.
Verified reviews on trusted sites provide real experiences.
The New York State Bar Association lists licensed attorneys and their standing.
Peer recognition shows respect within the legal community.
By choosing a personal injury attorney in Brooklyn with a positive reputation, you increase your confidence in the decision.
Tip 4: Understand the Fee Structure
Most personal injury lawyers work on a contingency fee basis, meaning you pay nothing upfront and only owe a fee if your case succeeds [2].
What to Ask About Fees
What percentage of the award will be taken?
Are there additional expenses, such as filing or expert witness fees?
How are costs managed if the case is unsuccessful?
By choosing a personal injury attorney in Brooklyn who is transparent about fees, you avoid misunderstandings later.
Tip 5: Prioritize Local Knowledge
Brooklyn has unique challenges, from dense traffic intersections to construction-heavy neighborhoods. A local lawyer understands these issues.
Benefits of Local Knowledge
Familiarity with New York court systems
Awareness of local accident trends and hazards
Stronger connections with local experts and medical providers
By choosing a personal injury attorney in Brooklyn with local experience, you gain insight that out-of-town firms may not provide.
The Role of Medical Evidence
Medical records prove both the cause and severity of injuries. The Mayo Clinic notes that untreated injuries, like whiplash or spinal damage, may cause chronic complications if ignored [3].
By choosing a personal injury attorney in Brooklyn who prioritizes medical documentation, you ensure your compensation reflects both immediate and long-term needs.
How Attorneys Maximize Compensation
Insurance companies often use strategies to minimize payouts. Attorneys push back with evidence and negotiation.
Common Attorney Strategies
Collecting expert testimony from medical professionals
Presenting witness statements and official reports
Reviewing OSHA violations or safety records
Calculating future lost earnings and ongoing care costs
By choosing a personal injury attorney in Brooklyn who uses these methods, you protect yourself from unfair settlements.
Exploring Third-Party Liability
Sometimes accidents involve more than one responsible party. This is where third-party claims come in.
Examples include:
Manufacturers of defective equipment
Property owners who fail to maintain safe conditions
Contractors responsible for unsafe work environments
By choosing a personal injury attorney in Brooklyn who investigates third-party liability, you may increase the compensation available to you.
Understanding Comparative Negligence
New York uses a comparative negligence rule, which means damages may be reduced if you share responsibility for the accident [4]. For example, if you are 25% at fault, your recovery is reduced by 25%.
By choosing a personal injury attorney in Brooklyn who understands these laws, you reduce the risk of unfair blame lowering your compensation.
The Value of Pain and Suffering Damages
Injuries affect more than physical health. Victims often experience emotional distress, chronic pain, and reduced quality of life.
Attorneys use medical records, psychological evaluations, and testimony to establish these damages. By choosing a personal injury attorney in Brooklyn who considers pain and suffering, your recovery reflects the full impact of your injuries.
Why Cherny & Podolsky Is a Trusted Local Choice
At Cherny & Podolsky, we combine legal experience and local insight to represent Brooklyn residents effectively. We understand the community, the courts, and the realities of living with an injury.
You can read more on our personal injury services page. If you are ready to move forward, reach us through our contact page today.
Frequently Asked Questions (FAQs)
How soon should I hire a lawyer after an accident?
As soon as possible. By choosing a personal injury attorney in Brooklyn early, you protect evidence and meet strict filing deadlines.
What documents should I bring to a consultation?
Bring medical records, accident reports, photos, and any communication with insurers. These details allow the lawyer to evaluate your case effectively.
Do most cases settle out of court?
Yes. Many cases are resolved through negotiation. However, by choosing a personal injury attorney in Brooklyn with litigation experience, you are prepared if trial becomes necessary.
Can I change lawyers during my case?
Yes. Clients typically have the right to switch attorneys. Discuss any transition costs or procedures before making a change.
How much compensation can I expect?
Compensation varies by injury severity, lost wages, and medical costs. By choosing a personal injury attorney in Brooklyn, you ensure these factors are properly evaluated.
Get the Legal Support You Deserve in Brooklyn
Accidents can disrupt your life, but the right attorney can help you rebuild. By choosing a personal injury attorney in Brooklyn, you secure an advocate who understands local laws and fights for fair compensation.
Contact Cherny & Podolsky through our contact page to schedule a consultation. Let us help you achieve the justice and financial recovery you deserve.
References
- Cleveland Clinic. (2023). Fracture care and rehabilitation. Retrieved from https://my.clevelandclinic.org
- American Association for Justice. (2022). How contingency fees work in personal injury law. Retrieved from https://www.justice.org
- Mayo Clinic. (2022). Back pain – Symptoms and causes. Retrieved from https://www.mayoclinic.org
- New York State Unified Court System. (2023). Comparative negligence and civil liability. Retrieved from https://www.nycourts.gov
Injured at Work? Why a Brooklyn Personal Injury Lawyer Is Essential
Workplace accidents can have devastating consequences for employees and their families. They may result in serious injuries, long-term health problems, and financial uncertainty. At Cherny & Podolsky, we understand how overwhelming it can be to navigate claims and medical bills after a workplace incident. That’s why having a work injury lawyer in Brooklyn NY is essential. With the right legal support, injured workers can pursue the compensation they deserve while focusing on their recovery.
The Rising Challenge of Workplace Injuries
Across the country, millions of employees are injured on the job each year. The Bureau of Labor Statistics reported 2.8 million nonfatal workplace injuries in 2022 alone (BLS, 2023). Brooklyn, with its diverse workforce in construction, retail, healthcare, and service industries, sees a wide variety of work-related accidents.
A work injury lawyer in Brooklyn NY helps injured employees understand their rights under state law and identifies the best path forward. Whether through workers’ compensation or third-party claims, legal guidance ensures no opportunity for recovery is overlooked.
Why Hiring a Lawyer Is Critical After a Work Accident
Some workers mistakenly believe that workers’ compensation is enough. In reality, claims are often delayed, denied, or underpaid. Without professional representation, many employees walk away with far less than they need.
Key Benefits of Legal Representation
Protection of rights when employers or insurers challenge claims
Accurate calculation of damages, including medical care and future costs
Identification of third-party liability for maximum recovery
Negotiation experience to push back against unfair offers
With a work injury lawyer in Brooklyn NY, you gain an advocate who ensures your case is taken seriously.
Common Workplace Injuries in Brooklyn
Work-related injuries can range from minor strains to life-changing disabilities. The Mayo Clinic notes that back injuries, fractures, and repetitive motion conditions often require extended treatment (Mayo Clinic, 2022).
Typical Work Injuries Include
Slips, trips, and falls on hazardous surfaces
Repetitive motion injuries such as tendonitis or carpal tunnel
Falls from heights, especially in construction
Machinery-related accidents causing fractures or amputations
Exposure to chemicals resulting in burns or respiratory conditions
Head injuries and concussions from falling objects
In each case, a work injury lawyer in Brooklyn NY ensures victims receive compensation that reflects both immediate and long-term needs.
Workers’ Compensation and Its Limits
Workers’ compensation is designed to cover medical bills and part of lost wages. While it provides essential benefits, it does not include damages for pain and suffering or loss of enjoyment of life.
A work injury lawyer in Brooklyn NY evaluates whether a personal injury claim may also apply. For example, if defective equipment caused an accident, a third-party manufacturer could be held responsible. This dual strategy helps maximize compensation beyond what workers’ comp alone provides.
The Importance of Medical Evidence
Medical records are among the most powerful tools in any workplace injury claim. They establish the cause, severity, and ongoing treatment requirements of injuries. According to the Cleveland Clinic, untreated injuries like concussions or spinal damage can worsen significantly without proper care (Cleveland Clinic, 2023).
A work injury lawyer in Brooklyn NY works with doctors, therapists, and specialists to create a complete medical timeline, strengthening the claim and ensuring compensation reflects the full scope of recovery.
How Attorneys Strengthen Work Injury Cases
Insurance companies often attempt to minimize claims. An experienced work injury lawyer in Brooklyn NY uses proven strategies to prevent victims from being shortchanged.
Methods Attorneys Use
Gathering expert testimony from medical and safety professionals
Collecting witness statements and workplace safety records
Investigating potential OSHA violations by employers
Documenting future losses such as reduced earning capacity
These steps ensure that settlements or court awards accurately reflect both current and future damages.
Understanding Third-Party Liability
Not all workplace accidents are limited to employer responsibility. A work injury lawyer in Brooklyn NY often explores third-party liability, which can significantly increase compensation.
For example:
A contractor using unsafe equipment may be liable for injuries.
A property owner who failed to address safety hazards could share responsibility.
A manufacturer may be accountable for defective tools or machinery.
By identifying all responsible parties, attorneys maximize recovery options for injured workers.
The Role of Comparative Negligence
New York follows a comparative negligence rule, meaning compensation can be reduced if the injured worker shares fault. For example, if you are 20% responsible for a construction accident, your recovery may be reduced by 20% [New York State Unified Court System, 2023].
A work injury lawyer in Brooklyn NY works to minimize any percentage of blame placed on the victim, protecting as much of the award as possible.
How Pain and Suffering Are Valued
While workers’ compensation does not cover non-economic damages, personal injury claims may include pain and suffering. These damages reflect the emotional, psychological, and lifestyle impacts of an injury.
Attorneys use medical reports, psychological evaluations, and personal accounts to demonstrate how the injury has affected daily life. A work injury lawyer in Brooklyn NY ensures these losses are represented in the overall claim.
Local Legal Guidance in Brooklyn
Choosing a local attorney offers unique benefits. A work injury lawyer in Brooklyn NY understands New York labor laws, local courts, and common hazards specific to Brooklyn’s industries.
Firms like Cherny & Podolsky provide personalized support to local workers, guiding them step by step through claims and litigation. You can explore their personal injury practice page to learn more about available services.
Frequently Asked Questions (FAQs)
What should I do immediately after a workplace injury?
Seek medical attention, report the accident to your employer, and document the incident. Contacting a work injury lawyer in Brooklyn NY early ensures your rights are preserved.
Can I sue my employer directly?
Most cases go through workers’ compensation, but you may file additional claims if third-party negligence contributed to your accident.
How long do I have to file a claim?
New York workers’ compensation claims typically must be filed within two years of the incident. A work injury lawyer in Brooklyn NY ensures all deadlines are met.
What compensation can I recover?
Benefits may include medical expenses, lost wages, rehabilitation, and potential third-party damages for pain and suffering.
How much does a lawyer cost?
Most attorneys work on a contingency fee basis, meaning you pay nothing upfront and only if the case is successful (American Association for Justice, 2022).
Get the Legal Help You Deserve in Brooklyn
If you’ve been injured on the job, you should not face the process alone. A work injury lawyer in Brooklyn NY from Cherny & Podolsky can protect your rights, guide you through complex claims, and fight for the maximum compensation you deserve.
Contact us today to schedule your consultation. Let us help you secure the justice and financial recovery needed to move forward with confidence.
References
- Bureau of Labor Statistics. (2023). Employer-reported workplace injuries and illnesses – 2022. Retrieved from https://www.bls.gov
- Mayo Clinic. (2022). Back pain – Symptoms and causes. Retrieved from https://www.mayoclinic.org
- Cleveland Clinic. (2023). Fracture care and recovery. Retrieved from https://my.clevelandclinic.org
- New York State Unified Court System. (2023). Comparative negligence and civil liability. 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
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
- NYC Department of Transportation. (2023). Cyclist Safety Report. https://www.nyc.gov/html/dot/html/bicyclists/bikestats.shtml
- 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 Instructions. https://comptroller.nyc.gov/services/for-the-public/claims/
- Legal Information Institute. (n.d.). Wrongful Death Overview. Cornell Law School. https://www.law.cornell.edu/wex/wrongful_death
- The Platta Law Firm. (n.d.). How accident reconstruction works. https://plattalaw.com/brooklyn/
- Nolo. (n.d.). Bike accident liability and helmet laws. https://www.nolo.com/legal-encyclopedia/bicycle-accidents-helmet-laws.html
- FindLaw. (n.d.). Comparative negligence in New York. https://www.findlaw.com/state/new-york-law/new-york-negligence-laws.html
