Negligence Lawyer New York, NY
When someone’s careless act causes injury in New York City, a negligence claim allows the injured person to seek compensation for medical bills, lost income, and pain and suffering. Negligence is the foundation of most personal injury cases—motor vehicle collisions, slip‑and‑falls, construction accidents, and medical mistakes all turn on whether the defendant failed to act as a reasonably careful person would in a similar situation. New York’s pure comparative‑fault rule means an injured person can recover damages even if partly at fault, though the recovery is reduced by the percentage of fault. Because preparing a negligence claim in New York County Supreme Court or another borough’s Supreme Court requires gathering evidence quickly, identifying all liable parties, and managing no‑fault insurance deadlines, having experienced legal guidance is important. Law Offices Of SRIS, P.C. assists clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island in pursuing negligence claims. To discuss your situation with Mr. Sris and the firm’s Of Counsel attorneys, call (888) 437‑7747.
What Negligence Means in New York, NY
Negligence in New York is defined by four elements the plaintiff must prove: the defendant owed a legal duty to act with reasonable care, the defendant breached that duty, the breach directly caused the injury, and the plaintiff suffered actual damages. These principles are applied in civil lawsuits filed in the New York Supreme Court for the county where the injury occurred. For New York City, that includes New York County (Manhattan), Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island). Whether the accident happened on the FDR Drive, a Brooklyn sidewalk, or a Queens construction site, the same negligence framework governs.
New York follows a pure comparative‑fault rule under CPLR Article 14‑A. An injured person’s recovery is reduced by the percentage of fault they bear, but there is no threshold at which recovery is barred entirely—unlike the contributory‑negligence standard in some other states. For motor‑vehicle accidents, New York’s no‑fault insurance system under Insurance Law § 5102 adds an extra requirement: to sue for pain and suffering, the injury must meet the “serious injury” threshold, which includes categories such as significant disfigurement, fracture, or permanent limitation of a body function. A personal injury claim must be filed within three years from the date of injury under N.Y. C.P.L.R. § 214(5); claims against a municipality require a Notice of Claim. Missing a deadline can permanently bar the case, so acting promptly is critical.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Negligence Cases
Negligence cases begin with a thorough investigation. Mr. Sris and the firm’s Of Counsel attorneys work to identify all responsible parties—whether a motorist, property owner, employer, or manufacturer—and gather supporting evidence such as accident reports, surveillance footage, witness statements, and medical records. In New York City, where traffic cameras, transit records, and municipal maintenance logs may be available, preserving evidence early makes a difference. The firm communicates with insurance companies so that clients are not pressured into accepting a settlement before the full extent of losses is known.
If a fair settlement cannot be reached, the firm files a complaint in the appropriate New York Supreme Court and proceeds through the litigation process. That process includes exchanging discovery, attending compliance conferences, and filing a Note of Issue to place the case on the trial calendar. At every stage, the focus is on building a strong factual record and presenting the client’s position clearly. While every case timeline varies depending on the court’s calendar and the complexity of the matter, the firm’s attorneys are prepared to take a negligence claim through trial if necessary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. A former prosecutor, he brings insight into how opposing parties evaluate liability and damages. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
The firm’s Of Counsel attorneys add extensive experience in personal injury litigation, including complex negligence matters arising from motor vehicle accidents, premises liability, and construction injuries. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to every case. Together, they help clients across New York City pursue compensation for injuries caused by another’s carelessness. Results may vary.
Frequently Asked Questions
What is negligence in a personal injury case?
Negligence is the failure to exercise the care that a reasonably careful person would use in a similar situation, and it is the legal basis for nearly all personal injury claims in New York. To prove negligence, the injured person must show the defendant owed a duty of care, breached that duty, and caused actual harm. Common examples include a driver who runs a red light, a property owner who fails to repair a broken stairway, or a contractor who disregards safety rules on a job site. The firm examines the specific facts of each accident to determine whether a negligence claim exists.
How long do I have to file a negligence lawsuit in New York?
In New York, a personal injury lawsuit based on negligence must be filed within three years from the date of the injury under N.Y. C.P.L.R. § 214(5). Wrongful death claims have a two‑year deadline. Claims against a city, county, or state agency require a Notice of Claim within 90 days. If the deadline passes, the court may dismiss the case regardless of its merits, so it is important to speak with an attorney soon after the injury.
What is New York’s comparative fault rule?
New York applies pure comparative fault, meaning an injured person can recover damages even if their own carelessness contributed to the accident, but the recovery is reduced by the percentage of fault they bear. For instance, if a jury finds the plaintiff 20 percent at fault and awards $100,000 in damages, the plaintiff receives $80,000. Unlike states that bar recovery entirely if the plaintiff is more than 50 percent at fault, New York allows partial recovery no matter how high the plaintiff’s share. This rule is codified in CPLR Article 14‑A. Insurance adjusters frequently raise comparative‑fault arguments, so having legal representation helps ensure the fault allocation accurately reflects the evidence.
Do I need a lawyer for a negligence claim in New York?
You are not required to hire a lawyer to bring a negligence claim, but having experienced legal representation can be critical to preserving evidence, meeting court deadlines, and negotiating with insurance companies on equal footing. New York’s civil procedure rules are technical, and defendants often have legal teams working to limit their financial exposure. An attorney can identify all potentially liable parties, calculate the full extent of damages (including future medical needs and lost earning capacity), and present the claim effectively. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
How does the firm charge for negligence cases?
The firm generally handles negligence and other personal injury matters on a contingency‑fee basis, which means no legal fee is owed unless compensation is recovered for the client. The fee is a percentage of the settlement or verdict, as permitted by New York law. Initial consultations are by appointment. Case costs are separate and are discussed during the first meeting. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
Mr. Sris and the firm’s Of Counsel attorneys also serve clients in other New York City boroughs and surrounding counties. Learn more about personal injury representation in these areas:
- Personal Injury Lawyer in Brooklyn, NY
- Personal Injury Lawyer in Queens, NY
- Personal Injury Lawyer in Staten Island, NY
- Personal Injury Lawyer in Nassau County, NY
Attorney advertising. Prior results do not guarantee a similar outcome.
Case results depend on a variety of factors unique to each case.
Results may vary.