New York
Personal Injury Lawyers$10 MM+
Recovered for Clients
1000 +
Injured Clients
3.5 ×
Higher Compensation*
No Recovery.
No Fee.
New York is the hardest of the three states we practise in for an injured person to navigate alone. It gives you longer to sue than most states, then imposes a threshold that can bar a claim for pain and suffering entirely — and if a city agency is involved, a deadline measured in days rather than years.
This page explains the serious injury threshold, the deadlines that apply, what a claim requires, and what New York recognizes as compensation. Our attorneys serve injured people across New York. For a free consultation, call 212-655-5483.
Primary Practice Areas
New York Personal Injury Law
Car Accident
Accidents are common, but you shouldn’t have to endure the consequences of someone else’s negligence. If you’re injured, let us help. Remember, we only get paid if you do.
Brain Injury
You don’t have to face the challenges of a life-changing brain injury on your own. Our expert lawyers are ready to advocate for your rights and obtain the compensation you deserve.
Wrongful Death
Losing a loved one because of someone’s negligence is heartbreaking. At Vaksman Khalfin, we are committed to helping you seek justice and compensation to help ease your burdens during this challenging time.
Slip and Falls
Have you experienced a slip and fall accident due to negligence? Our skilled lawyers are ready to support you. We will assist you in obtaining compensation for medical expenses, lost wages, and pain and suffering.
Defective Products
If you have suffered an injury due to a defective product, our experienced lawyers are ready to take on large corporations and recover the settlement you’re entitled to.
Motorcycle Accidents
Motorcycle accidents often result in serious injuries that can have long-lasting effects. Let a committed personal injury lawyer in New York advocate for your rights and help you secure the compensation you deserve.
Rideshare Accident Lawyer
If you’ve been involved in a rideshare accident and don’t know what to do next, our experienced lawyers are here to help. With expertise in ridesharing laws, we will work tirelessly to secure your deserved compensation.
Truck Accidents
Truck accidents can lead to serious repercussions. Our lawyers are dedicated to holding negligent parties responsible and striving to achieve the maximum compensation available.
Bicycle Accidents
Bicycle accidents often involve intricate legal challenges. Our personal injury law firm in New York is committed to vigorously defending your rights and ensuring you obtain the highest possible compensation for your injuries and losses.
Pedestrian Accidents Lawyer
Have you been hit as a pedestrian and require legal assistance? At Vaksman Khalfin, we are steadfast in advocating for your rights and dedicated to securing the compensation you deserve.
Can I Sue After a New York Car Accident?
Only if you clear the no-fault threshold. Under Insurance Law § 5104(a), a covered person generally may not recover non-economic loss — pain and suffering — from another covered person unless they sustained a “serious injury” as defined in § 5102(d), or economic loss exceeding basic economic loss. The § 5102(d) definition sets out nine categories, and objective medical proof is required. Most New York personal injury lawsuits must be filed within three years under CPLR § 214(5).
Key Takeaways
- New York’s no-fault system pays medical bills and lost earnings regardless of fault, but limits who may sue for pain and suffering.
- The serious injury threshold applies to motor vehicle claims between covered persons — it does not apply to every kind of injury claim.
- Motorcycles are excluded from the definition of “motor vehicle” for these purposes, so the threshold does not apply to motorcycle claims.
- Three years is the general filing deadline, but a claim involving a public entity requires a notice of claim within a period measured in days.
- There is no preset value for any claim, and no attorney can responsibly quote one.
The Serious Injury Threshold
New York’s no-fault system, in Article 51 of the Insurance Law, provides first-party benefits for medical expenses and lost earnings without regard to fault. In exchange, it restricts lawsuits for non-economic loss.
Under § 5104(a), a covered person may not recover non-economic loss from another covered person in a motor vehicle case except where the injured person sustained a serious injury, or where economic loss exceeds basic economic loss. Section 5102(d) defines “serious injury” as a personal injury resulting in any of the following:
| Category under Insurance Law § 5102(d) |
|---|
| Death |
| Dismemberment |
| Significant disfigurement |
| A fracture |
| Loss of a fetus |
| Permanent loss of use of a body organ, member, function, or system |
| Permanent consequential limitation of use of a body organ or member |
| Significant limitation of use of a body function or system |
| A medically determined injury or impairment of a non-permanent nature preventing the person from performing substantially all of the material acts constituting their usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence |
Three things follow that matter enormously in practice.
Negligence alone is not enough. A claim that does not clear the threshold can be dismissed no matter how plainly the other driver was at fault. This is the single most common reason a New York car accident claim fails.
Objective medical proof is required. The last several categories in particular turn on medical documentation rather than on how the injured person describes their pain. Contemporaneous records, imaging, and quantified findings do the work here; a gap in treatment is exactly what a defence motion is built around.
It does not apply to everything. The threshold governs claims between covered persons in motor vehicle cases. It does not apply to premises liability, construction, product, or most other injury claims, and motorcycles fall outside the definition of “motor vehicle” for these purposes.
Deadlines
| Situation | General rule |
|---|---|
| Most personal injury claims against a private party | Three years from the date of injury, under CPLR § 214(5) |
| Wrongful death | Two years from the date of death, under EPTL § 5-4.1 |
| Claims against a municipality or public entity | A notice of claim must be served under General Municipal Law § 50-e within a period measured in days, and suit commenced within the shorter period set by § 50-i |
| No-fault benefits | An application must be submitted to the correct insurer within a short period after the accident to preserve benefits |
The third and fourth rows destroy more New York claims than anything except the threshold. A person injured by a city bus, on a public sidewalk, or in a municipal building faces a notice requirement that can expire while they are still receiving treatment. And no-fault benefits — which pay medical bills irrespective of fault — are lost by simply not applying in time.
Because the applicable deadlines depend on who is responsible and what kind of claim it is, confirming them early matters more in New York than in most states.
How Fault Is Apportioned
New York apportions responsibility among the parties, and a share of fault attributed to the injured person affects a recovery. How that apportionment operates differs by claim type, and the governing provisions in this area have been the subject of recent legislative attention. Because the rule that applies to a particular claim can turn on those details, this is worth confirming for your specific circumstances rather than relying on a general summary.
What a Claim Requires
- Duty — the other party owed a duty to use reasonable care
- Breach — they failed to use it
- Causation — that failure was a substantial factor in causing the injury
- Damages — the injury produced losses that can be documented
New York also provides heightened protections in construction cases. The Labor Law imposes obligations on owners and contractors in connection with elevation-related and other construction hazards, and those provisions can apply on terms more favourable to an injured worker than ordinary negligence. Whether they apply depends on the work being performed and the hazard involved.
The Claims We Handle
Our New York injury practice covers motor vehicle collisions, including commercial vehicles and for-hire vehicles; motorcycle, bicycle, and pedestrian incidents; premises liability, including building and sidewalk conditions; construction accidents; defective products; and wrongful death claims.
New York City produces a distinctive mix. A great deal of movement here is on foot, by bicycle, and by transit, so a large share of claims involve people who were never in a vehicle at all. Property responsibility is layered among owners, managing agents, tenants, and the city, and sidewalk maintenance responsibility in particular is allocated by rule rather than by intuition. Establishing who is responsible for a given few feet of pavement is frequently the first substantive question in a claim.
What New York Recognizes as Compensation
There is no preset value for any injury claim, and no attorney can responsibly quote a figure. What a claim is worth depends on the evidence: the nature and permanence of the injury, the documented care, the effect on work and daily life, the fault apportioned to each party, and the insurance actually available. The categories include:
- Past and future medical expenses, including rehabilitation and ongoing treatment
- Lost income and reduced future earning capacity
- Property damage and related costs
- Pain, suffering, and loss of enjoyment of life, where the claim clears the applicable threshold
In motor vehicle cases, economic losses exceeding basic economic loss may be recoverable through a lawsuit separately from the question of non-economic damages.
Dealing With Insurers
An adjuster usually makes contact quickly, often before the extent of an injury is known. The adjuster for the other party represents that party’s insurer, not you. A recorded statement is not required by law, and what is said in one can later be used to argue an injury was minor or unrelated.
In New York this carries an additional edge. Because the serious injury threshold turns on medical documentation, an insurer has reason to establish early that an injury was slight, and to look for gaps in treatment. What the record shows in the first weeks frequently determines whether a claim can proceed at all.
Injury Claims in New York City and the Surrounding Counties
We work with injured people across New York City and the surrounding counties. Claims here arise on the streets and sidewalks, in and around the transit system, on construction sites, and in residential and commercial buildings.
Where a city agency, transit authority, or other public entity may be responsible, the notice of claim requirement applies and runs on a far shorter clock than the three-year period. Identifying that a public entity is involved is often not obvious at the scene, which is a practical reason to have someone look at the facts early. Details about the office are on our New York City office page, and our New York practice page covers our other work in the state.
How We Help
Vaksman Khalfin, PC investigates how an incident happened, establishes whether a public entity is involved and whether a notice of claim must be served, works with treating providers to build the medical record the serious injury threshold requires, identifies every party who may be responsible and every policy that may apply, and handles the insurers directly. If a fair resolution is not offered, we are prepared to litigate.
Our New York practice is led by Robert B. Vaksman, who is admitted in New York, together with Alan D. Khalfin. We handle injury cases on a contingency-fee basis: there is no upfront cost, and attorney’s fees are owed only if we recover compensation for you. To talk with a New York personal injury lawyer, call 212-655-5483 or schedule a free consultation. We also handle New York trust and estate matters, and injury claims in California and Nevada.
This page provides general information about New York law and is not legal advice; reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome.
Reviewed by Robert B. Vaksman, Partner, Vaksman Khalfin, PC (admitted in New York). Last reviewed: 08/12/2026
Robert B. Vaksman, Esq.
Founding Partner
“Some cases are easier than others, but this doesn’t matter at Vaksman Khalfin, because we have the resources to help our clients no matter what is at stake, especially if it’s hard."
ALAN D. KHALFIN, ESQ.
Partner & Managing Attorney
"People call me when they need to plan, but also when something terrible has happened and they need help. It is personal to my clients, so it is personal to me. We have to help: no matter what."
What You Can Expect
From Vaksman Khalfin Personal Injury Attorneys
FREE CONSULTATIONS FOR PROSPECTIVE CLIENTS
At Vaksman Khalfin, PC we value transparency and offer a free initial consultation. We will assess the facts of your case, outline achievable outcomes, and chart a probable course of action without any financial obligation on your part. We are here for you and your family.
YOU ONLY PAY US IF WE REACH A SETTLEMENT
Your satisfaction is our number one priority. Our payment structure follows a "no win, no fee," policy. Our policy guarantees our fees are contingent on a successful outcome for your case.
EXCEPTIONAL LAWYERS AND CASE MANAGERS
A professional lawyer with a case manager will be assigned to your case to ensure dedicated service and personalized attention. This loyal team is your consistent point of contact and handles all of your concerns personally.
MEDICAL PROVIDERS WILL NOT RECEIVE PAYMENT UNTIL YOUR CASE IS RESOLVED
We believe in a complete and fair resolution of your case before medical providers get paid. At Vaksman Khalfin, PC, your medical needs are our top priority. Our focus remains on achieving the best outcome for your case.
What Our Clients Say
"After my car accident, the lawyers and staff at Vaksman Khalfin kept me informed and showed genuine care and dedication to my case. They handled all the paperwork and negotiations with the insurance companies, which took a huge weight off my shoulders. Thank you for your outstanding service and support during a difficult time!"
"I couldn't be more satisfied with the services provided by Vaksman Khalfin. Thanks to their diligent work, I received a settlement that exceeded my expectations. I highly recommend Vaksman Khalfin to anyone in need of a personal injury lawyer in New York."
How it works
We will fight for your rights.
Complimentary consultation
We provide you with a complimentary consultation related to your legal matter. If we are mutually interested in working together, you will sign an engagement agreement, after which we will get started on developing your case strategy. Remember, we don't get paid unless and until you get paid.
Working With a Team of Personal Injury lawyers
Our legal team will work with you and your medical providers to ensure that you receive the best medical treatment available. Afterward, we serve a pre-litigation demand package and negotiate with the defendant. If we don't get what we believe you are owed, we consider going to court.
We Will Fight For You
If pre-litigation efforts fail, in certain situations, we will continue fighting for you in court. This may take a while, but it will ensure that you get what you deserve. We have years of experience handling civil lawsuits in the state of New York.
New York Personal Injury Frequently Asked Questions Frequently Asked Questions
It is the test that determines whether someone injured in a motor vehicle accident may sue for pain and suffering. Under Insurance Law § 5104(a), a covered person generally may not recover non-economic loss from another covered person unless they sustained a serious injury as defined in § 5102(d), or economic loss exceeding basic economic loss.
Section 5102(d) lists nine categories: death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; and a medically determined non-permanent injury preventing the person from performing substantially all their usual daily activities for not less than 90 of the 180 days immediately following the occurrence.
No. It governs motor vehicle claims between covered persons. It does not apply to premises liability, construction, product, or most other injury claims, and motorcycles fall outside the definition of "motor vehicle" for these purposes.
Generally three years from the date of injury under CPLR § 214(5). Wrongful death claims run two years from the date of death under EPTL § 5-4.1. Claims involving a municipality or public entity require a notice of claim under General Municipal Law § 50-e within a period measured in days, with suit commenced within the shorter period set by § 50-i.
A notice of claim requirement applies and runs on a far shorter clock than the three-year period. Missing it can end a claim regardless of its merits. Because it is not always obvious at the scene that a public entity is involved, this is worth establishing early.
No-fault provides first-party benefits for medical expenses and lost earnings regardless of who caused the collision. An application must be submitted to the correct insurer within a short period after the accident to preserve those benefits, and failing to apply in time can forfeit them even where someone else was clearly responsible.
Because several of the serious injury categories turn on objective medical findings rather than on how you describe your symptoms. Contemporaneous records, imaging, and quantified findings support a threshold showing; gaps in treatment are what defence motions are built around.
New York apportions responsibility among the parties, and how that apportionment affects a recovery differs by claim type. Because the governing provisions in this area have received recent legislative attention, the rule applying to a particular claim is worth confirming rather than assumed.
There is no preset amount, and no lawyer can responsibly quote one. Value depends on the nature and permanence of the injury, the documented care, the effect on work and daily life, whether the claim clears the applicable threshold, the fault apportioned, and the insurance available.
How much does a New York personal injury lawyer cost? Vaksman Khalfin, PC handles injury cases on a contingency-fee basis: there is no upfront cost, and attorney's fees are owed only if we recover compensation for you. Initial consultations are free.
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