New York Personal Injury & Accidents – What You Need to Know

The 2026 New York state budget tort reform completely eliminated the “90/180-day” serious injury category under Insurance Law § 5102(d). Previously, victims of soft-tissue or non-permanent injuries could qualify for pain-and-suffering lawsuits by proving their injuries stopped them from doing normal daily tasks for 90 of the 180 days post-crash. Now, you must satisfy one of the narrower, objective statutory categories, making early diagnostic MRI and specialist imaging mandatory to prove your injury.

Signing a contingency retainer means you pay zero legal fees upfront. We advance all litigation expenses, expert witness fees, and filing costs. We only collect a fee if we secure a successful settlement or jury verdict for your case.

Private surveillance systems in Manhattan and Brooklyn overwrite digital files quickly. Our investigators canvass the scene immediately and issue formal preservation notices to property owners, securing high-definition video before it is erased.

When an at-fault driver lies to their insurer in NYC, adjusters use the state’s 51% fault bar to deny your claim. We counteract false statements by obtaining city traffic camera footage, nearby commercial surveillance, and vehicle black box data to prove driver liability.

Under New York’s modified comparative fault law, if an insurance company successfully argues you were 51% or more at fault for a motor vehicle collision, you are legally barred from recovering any compensation. We gather immediate digital and physical evidence to defend your fault allocation and keep your liability at zero.

Pedestrians struck by vehicles are entitled to No-Fault medical benefits and can pursue bodily injury claims against negligent drivers. We secure camera footage and accident telemetry to prove driver fault.

We take over all insurance communications, file your mandatory No-Fault claim documents, secure medical specialist care, and initiate an exhaustive evidence investigation to prepare your claim for maximum recovery.

Commercial delivery operations in NYC carry high-limit liability policies. When a delivery driver causes a crash due to double-parking, speeding, or blind-spot negligence, we hold the parent corporation accountable for full damages.

Under New York Insurance Law § 5102(d), you must prove a “serious injury” to sue for pain and suffering beyond basic No-Fault limits. Objective imaging, such as MRI scans showing disc herniations or nerve impingement, provides the clinical evidence required to satisfy statutory threshold requirements.

New York’s new 51% modified comparative fault bar means insurance companies will put major resources into blaming you for the accident to avoid paying anything. Billboard firms that focus on quick settlement volumes are often unequipped to litigate these intensely contested fault allocations. Because we build every case to stand before a jury, we maintain the courtroom leverage needed to defeat comparative fault traps and secure full compensation

Now that jaywalking is officially decriminalized in New York City, insurance adjusters can no longer automatically use “illegal crossing” as a legal shield to deny pedestrian injury claims. The burden remains heavily on the driver to maintain an absolute duty of care in dense city environments. We move within 24 hours to pull video surveillance from local bodegas and lobbies to prove the driver’s distraction or speed caused the crash.

Industrial and commercial shipping zones in Brooklyn see high rates of box truck collisions due to tight streets and blind-spot violations. Because commercial fleets carry high-limit policies, corporate defense teams will spend whatever it takes to drag out your claim. We step in immediately to secure commercial dispatch logs, driver hours-of-service records, and black box telemetry to hold the parent trucking company directly accountable.

Enacted on May 27, 2026, New York’s auto tort reform represents a massive blow to injured motorists and pedestrians. Most notably, New York has abandoned its pure comparative negligence rules for motor vehicle cases and moved to a modified comparative negligence system (51% bar). Under this new rule, if a jury finds you even 51% at fault for a motor vehicle collision, you are legally barred from recovering a single penny for your injuries. This makes hiring a trial-proven firm essential to defend you from biased adjusters.

Drivers must exercise “due care.” In dense NYC traffic, we use commercial surveillance data to prove driver negligence in pedestrian hit accidents. Link: https://www.karnsandkarns.com/locations/manhattan-new-york-personal-injury-lawyers/ 

Because NY is “No-Fault,” riders face unique hurdles for medical coverage. We navigate these rules to ensure your bills are paid and you are fully compensated. Link: https://www.karnsandkarns.com/locations/brooklyn-new-york-personal-injury-lawyers/ 

We hold detention centers accountable for staff misconduct and for the systemic failure to protect minors from violence through negligent oversight. Link: https://www.karnsandkarns.com/all-practice-areas/ 

Under Admin Code 7-210, building owners are generally responsible for maintaining sidewalks, including snow removal and fixing dangerous cracks or defects. Link: https://www.karnsandkarns.com/locations/manhattan-new-york-personal-injury-lawyers/ 

Yes. We help survivors hold agencies accountable for failing to supervise placements or for ignoring clear warning signs of danger in foster homes. Link: https://www.karnsandkarns.com/all-practice-areas/ 

New York focuses on “pecuniary loss”—financial support lost by survivors—plus compensation for any “conscious pain and suffering” felt by the victim. Link: https://www.karnsandkarns.com/locations/brooklyn-new-york-personal-injury-lawyers/ 

You must file a formal Notice of Claim within just 90 days of the accident to maintain your right to sue the MTA or the City of New York. Link: https://www.karnsandkarns.com/locations/manhattan-new-york-personal-injury-lawyers/ 

If you are injured by falling debris from or the collapse of a pedestrian scaffolding shed, both the building owner and construction company share responsibility. Link: https://www.karnsandkarns.com/locations/brooklyn-new-york-personal-injury-lawyers/ 

Yes. We hold platforms accountable for negligent vetting and for failing to provide a safe environment for passengers in New York City’s rideshare network. Link: https://www.karnsandkarns.com/sexual-abuse/ 

This law provides absolute liability for gravity-related injuries. If a worker falls from a height or is hit by a falling object, the owner/contractor is often fully liable. Link: https://www.karnsandkarns.com/locations/manhattan-new-york-personal-injury-lawyers/ 

New York has expanded rights for survivors. If you were assaulted at work, you may be able to hold your employer accountable for negligence regardless of when it happened. Link: https://www.karnsandkarns.com/sexual-abuse/