Injured Because of Someone Else’s Negligence? You May Be Entitled to Compensation.
A serious accident can affect your health, your income, your family, and your future. When someone else’s negligence causes an injury, you may have the right to seek compensation for the physical, emotional, and financial losses you’ve suffered. For more than 93 years, The Disability Guys have helped injured New Yorkers understand their rights, pursue compensation, and move forward with confidence.
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Someone else’s mistake shouldn’t cost you your future.
You shouldn’t have to carry the burden alone.
An injury doesn’t just affect the person who was hurt. It can impact your family, your ability to work, your financial security, and your peace of mind.
Many people come to us because they’re overwhelmed by medical bills, missed work, insurance company calls, and uncertainty about what to do next.
You may have a claim if you were injured because of someone else’s negligence — a car crash, a construction site accident, a fall on unsafe property, or worse. Every situation is different, and the best way to understand your rights is to speak with someone who can evaluate your circumstances and help you understand your next steps.
If any of that sounds familiar, we’re here to help.
Do I have a personal injury case?
Every situation is different. Here are the personal injury cases we handle most often across New York.
Car & Auto Accidents
No-fault PIP pays medical bills up to $50,000 — when injuries are serious, we pursue the at-fault driver for pain and suffering and lost wages.
Read moreConstruction Accidents
New York’s Scaffold Law puts absolute liability on property owners and contractors for gravity-related falls and falling-object injuries.
Read moreTruck & Bus Accidents
Commercial vehicle crashes carry higher insurance limits and multiple potential defendants — the driver, the carrier, and more.
Read moreSlip, Trip & Fall
Property owners must keep premises reasonably safe. Notice of the dangerous condition is often the key issue — we know how to prove it.
Read moreMotorcycle Accidents
Riders often get blamed first. We counter bias with objective accident-reconstruction evidence and pursue full compensation.
Read morePedestrian Accidents
Drivers must yield to pedestrians in crosswalks. When they fail, the results are often catastrophic — we hold them accountable.
Read moreRideshare (Uber & Lyft) Accidents
TLC insurance tiers and corporate shields make rideshare cases complex. We know which policy applies and how to reach it.
Read moreWrongful Death
New York’s EPTL §5-4.1 lets a family pursue justice and financial recovery after a fatal accident caused by negligence.
Read moreWhat Compensation May Be Available
Medical expenses, lost wages, future care, and pain and suffering — see how personal injury damages are calculated in New York.
Read moreWhat should I do after an accident?
Seek Medical Attention
Your health comes first. Prompt treatment protects you medically and creates the records that support your claim.
Document What Happened
Preserve photos, witness information, and any available video or police reports as soon as possible — evidence can disappear fast.
Be Careful With Insurance Companies
Understand your rights before giving a recorded statement or accepting a settlement. Insurers often move quickly, before you’ve spoken with an attorney.
Know Your Deadlines
Most New York personal injury claims must be filed within three years under CPLR 214 — but claims involving a city or government vehicle require a Notice of Claim within just 90 days.
Speak With an Experienced Attorney
Understanding your options early can help protect your rights and avoid costly mistakes. Consultations are free, and there is no fee unless we win.
Questions we hear every day
Plain-English answers to the questions injured New Yorkers ask most.
What is no-fault insurance in New York and how does it affect my injury claim?
New York is a no-fault state under Insurance Law §5102(d). Your own insurer pays medical bills and lost wages up to $50,000 regardless of who caused the crash. To sue the at-fault driver for pain and suffering, you must meet the serious injury threshold. The statute of limitations is three years under CPLR 214.
What counts as a serious injury in New York to sue for pain and suffering?
Under Insurance Law §5102(d), a serious injury includes fractures, permanent loss of a body function, significant disfigurement, or 90 out of 180 days of disability. You must meet this threshold to sue for pain and suffering beyond no-fault benefits. The three-year filing deadline under CPLR 214 still applies.
How long do I have to file a personal injury lawsuit in New York?
You have three years from the date of injury to file most personal injury lawsuits in New York under CPLR 214. For municipal defendants, you must file a Notice of Claim within 90 days under General Municipal Law §50-e. Scaffold Law and labor law claims also carry the three-year window.
Can I still recover money if I was partly at fault for my accident in New York?
Yes. New York follows pure comparative negligence, meaning you can recover damages even if you were 99% at fault — your award is simply reduced by your share of fault. Under CPLR 1411, there is no minimum threshold to recover. The three-year statute of limitations under CPLR 214 still applies.
What is a third-party personal injury claim and how is it different from no-fault?
A third-party claim is a lawsuit against the person or company whose negligence caused your injury. Unlike no-fault benefits under Insurance Law §5102, a third-party claim lets you recover pain and suffering, excess lost wages, and full economic losses. You have three years under CPLR 214 to file.
How are personal injury damages calculated in New York?
New York personal injury damages include economic losses (medical bills, lost wages, future care) and non-economic losses (pain and suffering). Under Insurance Law §5104, no-fault benefits offset basic economic loss in car accident cases. New York has no cap on most PI damages. The three-year CPLR 214 deadline applies.
How do contingency fees work for personal injury cases in New York?
With a contingency fee, you pay no attorney fees unless your lawyer wins money for you. In New York personal injury cases, the standard fee is one-third of the recovery before trial. Under Judiciary Law §474-a, courts regulate PI fees on a sliding scale. No fee unless we win means zero out-of-pocket risk to you.
What is a Notice of Claim and when do I need to file one in New York?
A Notice of Claim is a formal written notice required before suing any New York government entity. Under General Municipal Law §50-e, you must file within 90 days of the injury. Miss that 90-day window and your claim against the city, MTA, or school district is barred, regardless of the three-year CPLR 214 deadline.
What might my case be worth?
Every case is different, and no calculator can tell you what your claim is actually worth. This illustration shows the categories of loss we typically evaluate — medical expenses, lost income, and pain and suffering — so you can see how a personal injury settlement generally comes together. It is an example only, not a quote, an estimate of your case, or a promise of any result.
Real cases. Real results.
A few representative examples of how we’ve helped injured New Yorkers pursue the compensation they deserved.
A client with fractures from a rear-end collision met the serious injury threshold under Insurance Law §5102(d). We coordinated no-fault benefits with a third-party claim against the at-fault driver’s insurer to reach a settlement covering medical costs, lost wages, and pain and suffering.
A construction worker injured in a fall from an unsecured ladder recovered workers’ compensation benefits while we pursued a separate third-party claim against the property owner and general contractor under the Scaffold Law.
After a fatal accident caused by a negligent driver, we helped the family open an estate, filed both the wrongful death and survival actions, and worked with economic experts to document the full pecuniary loss.
Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Workers’ Compensation
Injured at work. Lost wages. Denied benefits.
Learn more →Social Security Disability
Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
Learn more →Long-Term Disability
Private LTD insurance denied or cut off. ERISA appeals.
Learn more →Workers’ Rights
Retaliation, wage theft, harassment. Plaintiff-side only.
Learn more →Find an injury lawyer near you
With 7 offices across New York and virtual consultation options, experienced legal help is never far away.
The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
Talk to a real attorney today.
Free consultation. No fee unless we win. English or Spanish. Day or night.