Frequently Asked Questions

Get medical help, stop and exchange information, and notify the police if anyone is hurt. New York law requires drivers to stop and exchange license, insurance and contact information, and to report crashes involving injury, death or more than $1,000 in property damage to the DMV within 10 days. Our car accident FAQ covers each step.

For pain and suffering, yes. New York Insurance Law § 5104(a) allows recovery for non-economic loss between covered persons only in the case of a serious injury. Our serious injury threshold guide explains what qualifies.

For actions commenced on or after May 26, 2026, the former 90/180 serious injury category was removed and new fault rules apply. According to NY DFS Insurance Circular Letter No. 3 (2026), the amendments also require fault to be decided before serious injury, cap non-economic damages at $100,000 for certain at-fault drivers, and, in Insurance Law Article 51 personal-injury actions, bar recovery by an injured person whose fault is greater than the defendant's or the defendants' combined fault. Actions commenced before that date follow the prior rules.

It depends on the type of case and when it was commenced. In most New York personal-injury cases, CPLR 1411(a) reduces damages in proportion to your share of fault instead of barring recovery. For motor vehicle personal-injury actions subject to Insurance Law Article 51 and commenced on or after May 26, 2026, CPLR 1411(b) bars recovery if your share of fault is greater than the defendant's share or the defendants' combined share.

Generally three years, with exceptions. CPLR 214 sets three years for most personal-injury actions, but other statutes create exceptions for some kinds of claims. A lawyer can tell you which deadline applies to yours.

Often, yes. Claims against many public entities first require a notice of claim served within 90 days after the claim arises (General Municipal Law § 50-e).

Possibly, depending on the product and how the injury happened. The FDA has warned about vape battery fires and explosions, and the CDC investigated a 2019 to 2020 outbreak of vaping-associated lung injury (EVALI). Put safety first: do not handle, charge or use a damaged, hot, smoking or leaking device or battery, and call 911 if there is a fire or immediate danger. Keep the product only if it is safe to do so, and keep your medical records. Our vaping injury FAQ explains what the agencies have said.

No. Consultations are free, and there is no fee unless we win.

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