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
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.
