NEW YORK PERSONAL INJURY LAWYER

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Legally Reviewed by:

Alex Nocerino
Alex Nocerino, managing partner and personal injury lawyer at Chopra & Nocerino, LLP in Garden City, NY

Alex Nocerino is a founding partner at our firm and a successful trial lawyer with roots in New York. He is a member of the New York State Bar Association, the New York State Trial Lawyers Association, and the American Association for Justice. He has helped injured individuals win hundreds of millions in compensation from large corporations, government entities, and wealthy landlords. 

With 18 years of experience, he has been recognized as a Super Lawyer since 2019 and has a five-star Avvo rating. He is a true New Yorker and a successful trial lawyer who is unafraid to go up against even the powerful and combative defendants.

Content Last Updated:   May 30, 2024

Personal injury is a diverse area of law designed to hold people accountable for causing accidents and injuring others. Chopra & Nocerino is a full-service personal injury law firm with extensive experience defending the rights of accident victims throughout the five boroughs and beyond. From auto accidents to workers’ compensation claims, we have what it takes to handle your case from start to finish.

We are real New Yorkers and the exclusive personal injury law firm of the New York Mets. If you have been hurt at little to no fault of your own, the New York personal injury attorneys at Chopra & Nocerino will go to bat for you. Reach out today by filling out our online contact form.

What Do Personal Injury Attorneys Do?

A New York personal injury attorney does the heavy lifting to help you get full and fair compensation when injured due to someone else’s carelessness. Among other things, our personal injury lawyers can:

  • Make sure you know your full legal rights and options.
  • Conduct a thorough, independent investigation of your case.
  • Interview witnesses, gather all available evidence, and develop a clear picture of what gave rise to your injuries.
  • Prepare your lawsuit, ensuring that all deadlines and procedural rules are complied with.
  • Handle all correspondence with the at-fault party and their insurers.
  • Represent you in out-of-court settlement negotiations.
  • Represent you in court if a fair out-of-court settlement cannot be reached.

Why Hire a Personal Injury Lawyer to Handle Your Insurance Claim and Negotiations?

Personal injury cases can be physically, emotionally, and financially challenging. You might need to undergo medical treatment and face long recovery times. While working to get back on track financially, you may also face steep medical bills and time missed at work. During this stressful time, you should focus on your recovery and your loved ones, not on handling a lawsuit.

Let us handle the legal aftermath of your accident for you. When you hire us as your legal counsel and representatives, you can rest assured that your case is in capable hands. We will stand by your side every step of the way down the road toward compensation.

Most personal injury cases involve extensive negotiation with insurance companies. These companies tend to be large organizations interested in spending as little as possible compensating you for your injuries. They don’t have your best interest in mind and will likely push you to settle your claim as quickly as possible for much less than it is worth. A personal injury lawyer can negotiate on your behalf and protect your rights while you focus on healing.

How Do I Know If I Have a Viable Personal Injury Case?

Again, personal injury lawsuits are meant to provide accident victims with a measure of justice and accountability when injured at little to no fault of their own. The best way to know if you have a viable personal injury case is to consult with a New York personal injury lawyer. The seasoned legal team at Chopra & Nocerino offers free, no-obligation consultations, so there is no downside to having one of our skilled injury lawyers evaluate your case. We are here to help.

New York Personal Injury Laws You Should Know

Personal injury is a complex area of the law, and the best way to ensure optimal results in your case is by working closely with an experienced attorney. This section reviews some of the most important laws that are likely to come into play in your case.

Statute of Limitations

In New York, the general statute of limitations for personal injury cases, including those arising from car crashes, slip and falls, and many other commonplace accidents, is three years. The clock typically starts ticking on the date of the injury.

However, there are many scenarios where the deadline may be different. For example, if your injury involves a claim against a government entity, there may be shorter notice requirements, and the statute of limitations could differ. In other situations, the statute of limitations may be paused (“tolled”), such as in cases involving minors or individuals with disabilities. The clock may also be paused if the defendant leaves the state.

No matter which deadline applies in your case, it is essential that you comply. Failure to file before the correct deadline will eliminate your right to seek compensation in court, as well as your bargaining power in out-of-court settlement negotiations. Avoid this by having your case reviewed by an attorney as soon as possible after your accident.

Auto Insurance Laws

New York operates under a no-fault auto insurance system, which means that each driver’s insurance covers their own medical expenses and certain other economic losses, regardless of who is at fault in an accident. However, New York also has liability insurance requirements, which mandate that drivers carry liability insurance to cover damages they may cause to others.

New York law requires drivers to carry minimum liability coverage for bodily injury and property damage. Minimum liability coverage limits are as follows:

  • $25,000 for bodily injury (not resulting in death), or $50,000 for any injury resulting in death, sustained by any one person in any one accident;
  • $50,000 for bodily injury (not resulting in death) sustained by two or more persons in any one accident, or $100,000 for any injuries resulting in death sustained by two or more persons in any one accident (subject to the above per person limits).

While the no-fault system covers minor injuries, individuals who sustain serious injuries in a car accident may step outside the no-fault system and pursue a liability claim against the at-fault party. Serious injuries are defined by specific criteria outlined in New York law.

New York also requires drivers to carry uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage. This coverage helps protect you if you’re involved in an accident with a driver who has no insurance or inadequate insurance. It may also come into play in hit-and-run accidents.

What Kind of Accidents and Injuries Do Personal Injury Lawyers Handle?

If you were injured in an accident caused by someone else’s carelessness, a New York personal injury lawyer may be able to help you recover compensation. Here are some of the types of cases our experienced personal injury lawyers can help you with:

The all-star legal team at Chopra & Nocerino has what it takes to win at the negotiating table and in the courtroom. Our verdicts and settlements show we have an excellent track record for delivering results to our clients.

New York Personal Injury FAQs

After being involved in an accident, it is normal to have lots of questions. We answer some of the most common questions we receive from our clients below.

1. Can You Change Personal Injury Lawyers?

Yes. Although you can change personal injury lawyers at any time, the New York Bar recommends having a new lawyer lined up first. This makes it easier to change the name of your lawyer on paperwork. It also prevents you from having to represent yourself at any stage of a legal proceeding. 

2. How Much Do New York Personal Injury Lawyers Take from a Settlement? 

New York personal injury lawyers usually take about one-third of your settlement as payment for their services. The fee arrangement is usually set up on a no-win, no-fee basis, so you pay nothing unless we win your case. You can discuss your fee arrangement with us during your free consultation. 

3. Can I Recover Compensation If I Was Partly Responsible for My Accident?

Yes, under New York’s pure comparative negligence system, you may still be able to recover compensation for your injuries even if you were partly responsible for the accident. However,  your compensation will be reduced by the percentage of fault attributed to you. For example, if you were found to be 20 percent at fault for the accident and your total damages amounted to $100,000, your recovery would be reduced to $80,000.

What Should I Do After an Accident?

The steps you take immediately following an accident can have a significant impact on your physical and financial recovery. We recommend that you take the following steps after being injured in an accident:

  • Report the accident – Make a report to the appropriate authorities and request emergency assistance if needed. If you were injured in an auto accident, the responding officer will also prepare an official accident report, which will later become an important source of evidence in your case.
  • Get medical treatment – If you do not get medical assistance at the accident site, you should still visit a doctor as soon as possible. This is because many injuries, such as whiplash and concussions, can take time to show symptoms. Visiting a doctor sooner than later is the best way to make sure they are not overlooked in your medical records, which will also become a key source of evidence in your case.
  • Document the scene – Do your best to gather evidence at the scene. For example, if you were injured in an auto accident, use your phone to take photographs and videos of damaged vehicles, your injuries, road conditions, inclement weather, nearby surveillance equipment, signs of intoxication, and anything else that can shed light on how your accident unfolded.
  • Gather information – Gather the names and contact information of anyone involved in the accident, as well as witnesses. Further, be sure to get the at-fault party’s license plate number, driver’s license number, and insurance policy number.
  • Keep a pain journal – You can be compensated for the impact your injuries have on your day-to-day life. Keeping a record of your pain and suffering during recovery is a good way to substantiate these kinds of damages.
  • Beware of your own insurer – Your own insurance policy likely requires you to “cooperate” with adjusters investigating your case. However, this does not mean you need to go deep into the details. Remember, even your own insurer would prefer to save money by minimizing the value of your claim. It is best to let your attorney do most of the talking.
  • Beware of the at-fault party’s insurer – You do not have a legal duty to talk to the at-fault party’s insurer at all. When they call, they will likely ask for a medical record release and permission to record your conversation. Do not give in. Further, they may also tempt you into accepting an early settlement. However, their initial offers will likely underrepresent the true value of your claim, especially if they know that you have not consulted with an attorney.
  • Contact an attorney – The best way to make sure you know your legal rights and are not taken advantage of is by consulting with an experienced New York personal injury attorney. Look no further. At Chopra & Nocerino, we fight for our clients and refuse to back down.

What Damages Are Available in a New York Personal Injury Lawsuit?

In personal injury law, “damages” refer to the compensation awarded to a plaintiff in a civil lawsuit. Compensation available in personal injury cases normally comes in two forms: economic damages and non-economic damages.

Understanding the distinction between economic and non-economic damages is crucial in assessing the full extent of the harm suffered by injury victims and in determining appropriate compensation. Courts will consider both types of damages when awarding a judgment or settlement in a lawsuit.

Economic Damages

Economic damages are tangible, measurable losses that have a direct financial impact on an injured party. These damages are typically easier to quantify as they involve specific monetary losses. Common types of economic damages include:

  • Medical expenses – This includes the cost of medical treatment, hospital stays, surgeries, rehabilitation, medication, and any other expenses related to the treatment of your injuries.
  • Lost wages – Economic damages may cover the income that an accident victim has lost due to their injuries. This includes wages, bonuses, and other forms of compensation that the individual would have earned if not for the accident.
  • Property damage – If personal property is damaged as a result of an accident, the cost of repairing or replacing the damaged property may be considered economic damages.
  • Future earnings – In cases where an injury results in a long-term impact on the victim’s ability to earn income, economic damages may also account for lowered future earnings.
Non-Economic Damages

Non-economic damages are more subjective and relate to losses that are not easily quantifiable in monetary terms. These damages address the intangible aspects of injuries and are often associated with the pain, suffering, and emotional distress experienced by accident victims. Common types of non-economic damages include:

  • Pain and suffering – This category encompasses the physical pain and emotional distress experienced as a result of an injury. It seeks to compensate the injured party for the discomfort and suffering endured.
  • Emotional distress – Beyond physical pain, non-economic damages may address the emotional impact of an accident, including anxiety, depression, and other psychological effects.
  • Loss of consortium – In cases where an injury has a significant impact on the injured party’s relationship with a spouse, damages may be awarded for the loss of companionship and support.
  • Loss of enjoyment of life – Non-economic damages can also account for the diminished ability to enjoy life’s pleasures and activities as a result of an injury.

Contact Chopra & Nocerino, Top Personal Injury Lawyers in New York

At Chopra & Nocerino, we fight for you. We proudly serve our community by providing excellent legal representation to accident victims injured at little to no fault of their own. Our attorneys have recovered millions of dollars on behalf of injury victims throughout New York City and beyond.

Let us put our skills and experience to work for you. Our personal injury lawyers in New York are available anytime for you by filling out our online contact form. When you’re hurt, we step up to the plate.

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