The Stakes: Understanding the Consequences of an Injury in Queens

The immediate aftermath of an injury involves far more than physical pain. The financial, personal, and legal consequences can be staggering, impacting your ability to work, support your family, and live your life. Understanding these stakes is vital to appreciating the importance of a well-managed legal claim.

In my experience, clients are often so overwhelmed by the initial shock and medical treatment that they don’t immediately grasp the full scope of their potential losses. The stakes are incredibly high. A serious injury can lead to a cascade of financial hardships. You may be facing tens or even hundreds of thousands of dollars in medical bills for emergency room visits, surgery, hospitalization, physical therapy, and future care. Simultaneously, your ability to earn an income may be completely cut off, either temporarily or permanently. This combination of soaring expenses and zero income can create immense pressure on any family.

Beyond the financial, there is the human cost—the pain and suffering. This legal term encompasses the physical agony, emotional distress, loss of enjoyment of life, and the psychological trauma that follows a serious accident. In New York, these damages are very real and compensable, but they must be properly proven.

The Clock is Ticking: New York’s Statute of Limitations

Critically, your right to seek compensation is not indefinite. New York law imposes a strict deadline for filing a lawsuit, known as the statute of limitations. For most personal injury claims based on negligence—such as car accidents, slip and falls, or construction accidents—the law is clear. Under New York Civil Practice Law & Rules (CPLR) § 214, you have three years from the date of the injury to file a lawsuit. If you are filing a claim against a municipality like New York City (for instance, an injury on a city-owned sidewalk or a public bus), the rules are even stricter, requiring a Notice of Claim to be filed within 90 days of the incident.

Missing this deadline is catastrophic for a case. The court will dismiss your claim, regardless of its merit or the severity of your injuries. This is why it is absolutely essential to consult with knowledgeable legal counsel as soon as possible after an accident. The clock starts ticking the moment you are hurt.

The Queens Legal Process: From Accident to Resolution

Navigating the legal system can feel like learning a new language, but the process for a personal injury claim follows a structured path. From the initial investigation and filing the claim to potential litigation in the Queens courts, each step is designed to build your case and move it toward a fair resolution.

The journey of a personal injury claim begins long before we ever see the inside of a courtroom. It starts at the scene of the accident and progresses through several distinct phases. My role, as your counsel, is to manage this entire process, allowing you to focus on your recovery.

1. Initial Investigation and Evidence Gathering: This is the foundation. We work to gather all relevant evidence, including police accident reports from the local NYPD precinct, medical records from Elmhurst Hospital or NewYork-Presbyterian Queens, witness statements, and photos of the scene and your injuries.
2. Filing the Claim and Negotiation: Once we have a clear picture of liability and damages, we will typically file a claim with the at-fault party’s insurance company. This opens a period of negotiation. The insurance adjuster’s job is to minimize their payout; my job is to advocate for the full compensation you deserve based on the evidence and New York law.
3. Filing the Lawsuit (Litigation): If the insurance company refuses to make a fair settlement offer, we move to litigation. A Summons and Complaint is filed, officially starting the lawsuit. In Queens, this filing happens at one of two primary venues. For claims seeking damages up to $50,000, we file in the Civil Court of the City of New York, Queens County. For more significant injuries where damages exceed that amount, the case is filed in the Supreme Court of the State of New York, Queens County, located at 88-11 Sutphin Boulevard in Jamaica. This is the main trial-level court for serious civil matters.
4. The Discovery Phase: This is the formal process of exchanging information between parties. It involves written questions (Interrogatories), requests for documents, and, most importantly, depositions. A deposition is sworn testimony given out of court where the opposing attorney will question you about the accident and your injuries. I have prepared hundreds of clients for depositions; it is a critical stage where we establish the facts of your case under oath.
5. Mediation, Settlement, or Trial: Many cases settle after discovery, as both sides have a clear view of the strengths and weaknesses of the case. Sometimes this happens through informal negotiation or formal mediation. If a settlement cannot be reached, the case proceeds to trial, where we present your case to a judge and jury in the Queens County Supreme Court. While most cases settle, we prepare every single case as if it is going to trial. This posture of strength is what often compels insurance companies to offer fair settlements.

The SRIS Queens Accident Evidence Blueprint

To build the strongest possible case, the actions you take in the hours and days after an injury are paramount. This Blueprint is a practical, step-by-step guide designed to help you preserve the critical evidence needed to support your claim. Do not rely on memory alone.

Over my career, I’ve seen promising cases weakened by a simple lack of early, organized documentation. Insurance companies thrive on ambiguity. Our goal is to eliminate it. Use this checklist to create a comprehensive record of your accident. This is your personal evidence file.

Phase 1: At the Scene (If you are physically able)

• [ ] Document the Location: Take wide-angle photos and videos of the entire scene before anything is moved. If it’s a car accident on Queens Boulevard, get pictures of the traffic signals, road conditions, and vehicle positions. If it’s a slip and fall in a Jamaica supermarket, photograph the spill, the lack of warning signs, and the lighting conditions.
• [ ] Capture Specifics: Get close-up photos of what caused your injury: the defective staircase, the icy patch of sidewalk, the damage to your vehicle. Include a common object like a key or a coin for scale.
• [ ] Photograph Your Injuries: Take clear pictures of any visible cuts, bruises, or swelling immediately. These initial photos are powerful evidence.
• [ ] Exchange Information: Get the names, addresses, phone numbers, and insurance information from all other parties involved. For car accidents, take a photo of their driver’s license and insurance card.
• [ ] Identify Witnesses: Ask anyone who saw what happened for their name and phone number. A neutral third-party witness can be invaluable.
• [ ] File an Official Report: Insist on a police report for any traffic accident. For an injury on private property (like a store or apartment building), file an incident report with the manager or owner. Get a copy of the report number or the report itself.

Phase 2: In the Days Following the Accident

• [ ] Seek Immediate Medical Attention: Go to an emergency room or urgent care, even if you feel your injuries are minor. Some serious injuries have delayed symptoms. This creates an official medical record linking your injuries to the accident date.
• [ ] Create a Medical File: Keep every single piece of paper from your medical providers. This includes bills, receipts for co-pays, prescription information, and doctor’s notes.
• [ ] Start a Pain and Recovery Journal: Every day, write down a few notes about your physical pain levels, any activities you can no longer do (playing with your children, walking the dog in Astoria Park), and the emotional impact of the injury. This journal is powerful evidence for your pain and suffering claim.
• [ ] Track All Expenses: Keep a log and receipts for every single expense related to the accident. This includes transportation to doctor’s appointments, medical equipment, and over-the-counter medications.
• [ ] Preserve Physical Evidence: Do not throw away the torn clothing or damaged shoes from a slip and fall. Do not repair your vehicle until your attorney has had a chance to have it inspected. Place these items in a sealed bag.
• [ ] Do Not Speak to Other Insurers: The at-fault party’s insurance adjuster may call you. They are not your friend. Be polite, but decline to give a recorded statement. Direct them to your legal counsel. At Law Offices Of SRIS, P.C., we handle these communications for you.

Core Legal Strategies for New York Personal Injury Claims

A successful personal injury claim is not about luck; it is about the methodical application of legal principles and strategies. In New York, two concepts are central to nearly every case we handle: proving negligence under the “comparative fault” standard and, in auto accidents, meeting the “serious injury” threshold.

Strategy 1: Leveraging New York’s Pure Comparative Negligence Rule

One of the most important laws for injury victims in our state is New York CPLR § 1411, which establishes a “pure comparative negligence” standard. In some states, if you are found even 1% at fault for your own accident, you are barred from recovering any damages. That is not the case in New York.

Here, you can recover damages even if you were partially responsible for the accident. Your total damage award is simply reduced by your percentage of fault. For example, if a jury determines you have $200,000 in damages from a car accident but finds you were 25% at fault (perhaps for speeding slightly), you can still recover 75% of your damages, or $150,000. Insurance companies will often try to use this rule to their advantage by exaggerating your fault to reduce their payout. A key part of our job is to fight back against this tactic by using evidence—accident reconstruction, witness testimony, video footage—to present a true and accurate picture of what happened and minimize any allocation of fault against you.

Strategy 2: Proving a “Serious Injury” in Queens Car Accident Cases

New York is a “no-fault” state for auto insurance. This means your own auto insurance policy’s Personal Injury Protection (PIP) coverage is the primary source for paying your initial medical bills and a portion of lost wages, regardless of who was at fault. To go beyond this and file a lawsuit against the at-fault driver for pain and suffering and other economic losses, you must prove you sustained a “serious injury.”

This critical definition is found in New York Insurance Law § 5102(d). A “serious injury” can be one of several things, including:

• Death
• Dismemberment or significant disfigurement
• A fracture (a broken bone)
• 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 which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment (the “90/180 day rule”).

Proving one of these categories is a legal and medical challenge. It requires meticulous medical documentation, reports from your treating physicians, and often, testimony from medical professionals. We work closely with your doctors to ensure the full extent of your limitations is documented in a way that satisfies the legal requirements of the statute. This is a hurdle that must be cleared to unlock the full value of your claim.

Common Mistakes to Avoid After an Injury in Queens

In the chaotic aftermath of an accident, it is easy to make missteps that can unintentionally jeopardize your legal rights. Based on my years of practice, these are the most common and damaging mistakes I see people make. Avoiding them is critical to protecting the value of your claim.

1. Delaying Medical Treatment: Insurance companies will argue that if you didn’t see a doctor immediately, you weren’t really hurt. Gaps in medical treatment are red flags for adjusters and juries. Go to the doctor right away and follow all prescribed treatment plans.
2. Giving a Recorded Statement to the Other Party’s Insurer: The adjuster is trained to ask questions designed to elicit responses that can be used against you. You are not obligated to provide a recorded statement. It is a common mistake that can significantly harm your case. Politely decline and refer them to your attorney.
3. Posting About Your Accident on Social Media: Insurance companies hire investigators to scour your social media profiles. A photo of you at a family barbecue or a comment saying “I’m feeling better” can be taken out of context and used to argue that your injuries are not as severe as you claim. Stay off social media until your case is resolved.
4. Accepting a Quick, Lowball Settlement Offer: Insurers often try to settle claims quickly for a fraction of their true value before the victim understands the full extent of their injuries and future medical needs. Never accept an offer without having your case assessed by a knowledgeable attorney.
5. Failing to Document Everything: As outlined in our Blueprint tool, a lack of evidence is a gift to the defense. Failing to take photos, get a police report, or track your expenses and symptoms can make it much harder to prove your case later.
6. Waiting Too Long to Contact an Attorney: Evidence disappears, witnesses’ memories fade, and the statute of limitations is always running. The sooner you engage legal counsel, the sooner they can begin preserving evidence and protecting you from the insurance company’s tactics.

Glossary of Key New York Legal Terms

Negligence

The failure to exercise the level of care that a reasonably prudent person would have exercised under the same circumstances. This is the legal standard for fault in most personal injury cases.

Statute of Limitations

The strict legal deadline by which a lawsuit must be filed. In New York, it is three years for most negligence claims (CPLR § 214).

Comparative Negligence

New York’s rule (CPLR § 1411) that allows an injured party to recover damages even if they are partially at fault, with their recovery reduced by their percentage of fault.

Serious Injury Threshold

The requirement under NY Insurance Law § 5102(d) that an auto accident victim must prove a certain level of injury to sue the at-fault driver for pain and suffering.

Damages

The monetary compensation awarded to an injured party. This can include economic damages (medical bills, lost wages) and non-economic damages (pain and suffering).

Deposition

A formal, out-of-court session where a witness gives sworn testimony in response to questions from an attorney. The testimony is recorded and can be used in court.

Personal Injury Protection (PIP)

A component of New York’s no-fault auto insurance that covers the policyholder’s initial medical expenses and some lost wages, regardless of who caused the accident.

Common Scenarios We See in Queens

The unique character of Queens leads to specific types of injury scenarios. Here are a few common situations we frequently encounter at Law Offices Of SRIS, P.C.

Scenario 1: The Rear-End Collision on the Van Wyck Expressway

“I was stuck in stop-and-go traffic heading toward JFK when someone slammed into me from behind. My neck and back are in agony, and my doctor says I have whiplash and a herniated disc. The other driver’s insurance called and offered me $5,000 to close the case. What should I do?”

Our Perspective: This is a classic lowball offer scenario. A herniated disc can constitute a “serious injury” under New York law, potentially allowing for a claim far exceeding the no-fault benefits. The $5,000 offer doesn’t even begin to cover future medical needs, lost wages, or the significant pain and suffering from a permanent back injury. We would advise this individual not to speak further with the insurer and to allow us to gather the medical evidence needed to prove the serious injury threshold and pursue a claim for the full value of their damages.

Scenario 2: The Slip and Fall at a Flushing Supermarket

“I was shopping and slipped on a puddle of water near the produce section. There were no ‘wet floor’ signs. I fell hard and broke my wrist, requiring surgery. The store manager filed a report but said they aren’t responsible. Can they just deny it like that?”

Our Perspective: This is a premises liability case. The key is proving the store had “notice” of the dangerous condition. Did they create the spill and fail to clean it up? Or did the spill exist for long enough that they *should have* known about it and warned customers? The store manager’s denial is standard practice. We would immediately seek to preserve evidence, such as internal cleaning logs and any available security camera footage, to establish that the store was negligent in its duty to keep its floors safe for customers.

Scenario 3: The Construction Accident in Long Island City

“I’m an electrician and was working on a new high-rise in LIC. Scaffolding set up by another company collapsed, and I fell 15 feet, shattering my leg. I’m getting Workers’ Compensation, but it barely covers my bills. Is there anything else I can do?”

Our Perspective: This is a critical distinction in New York law. While you generally cannot sue your own employer if you receive Workers’ Compensation, you absolutely can file a personal injury lawsuit against a negligent third party. In this case, the scaffolding company that erected the unsafe scaffolding is a separate entity. This allows for a third-party liability claim, which can recover damages for pain and suffering—something Workers’ Comp does not provide. We would pursue this claim aggressively alongside the Workers’ Comp benefits.

Frequently Asked Questions

1. How much does it cost to hire a personal injury lawyer?
At Law Offices Of SRIS, P.C., we handle personal injury cases on a contingency fee basis. This means you pay no attorney’s fees upfront. We only receive a fee if we successfully recover compensation for you, either through a settlement or a jury verdict. The fee is a percentage of the recovery.

2. The insurance company says I am partially at fault. Can I still have a case?
Yes. New York follows a pure comparative negligence rule (CPLR § 1411). This means you can recover damages even if you are found to be partially at fault. Your final award will simply be reduced by your percentage of fault. Do not let an adjuster’s claim that you were at fault deter you from seeking a case assessment.

3. How long will my personal injury case take?
The timeline varies greatly depending on the complexity of the case, the severity of the injuries, and whether the case settles or goes to trial. A straightforward case might resolve in several months, while a complex case that proceeds to trial in the Queens County Supreme Court could take a few years.

4. What is my personal injury claim worth?
There is no simple formula. The value of a claim depends on many factors: the severity and permanency of your injuries, the total amount of your medical bills (past and future), your lost income, and the impact on your quality of life (pain and suffering). A seasoned attorney can assess these factors to determine a realistic valuation range after a thorough investigation.

5. Do I have to go to court?
The vast majority of personal injury cases are settled out of court. However, we prepare every case as if it will go to trial. This position of strength and readiness is what often convinces the insurance company to offer a fair settlement. If they do not, we are fully prepared to present your case to a jury.

6. What should I do if the at-fault party’s insurance adjuster calls me?
You should be polite but firm. You can confirm your name and address, but you should not discuss the facts of the accident or the nature of your injuries. Crucially, do not agree to give a recorded statement. Simply state that you will be seeking legal representation and that your attorney will be in contact. Then, call us.

7. What’s the difference between a claim against a private citizen and a claim against the city?
Claims against a government entity in New York, such as the City of New York, have much stricter and shorter deadlines. You must file a formal “Notice of Claim” within 90 days of the incident and file a lawsuit within one year and 90 days. Missing these deadlines can bar your claim entirely.

8. My car had very little damage, but I’m in a lot of pain. Can I still have a case?
Yes. The amount of property damage to a vehicle does not always correlate with the severity of a person’s physical injuries. We have handled many cases where a client sustained significant, permanent injuries from a “fender bender.” The focus is on the medical evidence of your injury, not the dent in your bumper.

9. What if the person who hit me has no insurance?
If you are injured in a car accident by an uninsured or underinsured driver, you can still pursue a claim through the Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto insurance policy. This is mandatory coverage in New York that protects you in these exact situations.

10. Why do I need a lawyer who specifically knows Queens?
Queens is not just another borough; it’s a unique legal environment. A local attorney understands the tendencies of the judges at the Queens County Supreme Court, is familiar with the local police precincts and hospitals, and knows the common accident locations. This local, hands-on knowledge can be a significant advantage in building and presenting your case.