1. Faraci Lange, LLP
Focus Area: Personal Injury and Medical Malpractice
Practice Areas: Car Accidents, Truck Accidents, Medical Malpractice, Product Liability, Wrongful Death, Construction Accidents, Toxic Chemical Exposure, Premises Liability, Defective Drugs and Medical Devices
Background: Established in 1968, Faraci Lange has over 55 years of experience in personal injury litigation. The firm has 12 attorneys selected for inclusion in the annual Upstate New York Super Lawyers list and 11 attorneys listed in Best Lawyers in America. Six attorneys hold the AV Preeminent Peer-Review Rating from Martindale-Hubbell. The firm won the Rochester Area Business Ethics Foundation ETHIE Award in 2019.
Location: 1882 South Winton Road, Suite 1, Rochester, NY 14618
Contact: (888) 997-4110 | https://www.faraci.com
Consultation: Free initial consultation; contingency fee basis with no costs unless successful
2. Cellino Law
Focus Area: Personal Injury Litigation
Practice Areas: Car Accidents, Truck Accidents, Motorcycle Accidents, Slip and Fall Injuries, Workplace Injuries, Workers Compensation, Construction Accidents, Medical Malpractice, Wrongful Death
Background: Cellino Law has over 60 years of history representing injury victims across New York State. The firm has supervised over $2 billion in settlements. Multiple attorneys have been selected for Super Lawyers Rising Stars recognition. The firm maintains offices throughout New York including Rochester, Buffalo, New York City, and Long Island.
Location: 73 State Street, Rochester, NY 14614
Contact: (585) 209-5279 | https://www.cellinolaw.com
Consultation: Free case evaluation available 24/7; no fee unless they win your case
3. The Barnes Firm
Focus Area: Accident and Personal Injury
Practice Areas: Car Accidents, Truck Accidents, Motorcycle Accidents, Bus Accidents, Bicycle Accidents, Pedestrian Accidents, Slip and Fall, Wrongful Death
Background: The Barnes Firm has over 100 years of combined attorney experience. Attorneys have been recognized by Best Lawyers in America, Super Lawyers, Million Dollar Advocates Forum, and National Trial Lawyers. The firm has recovered millions of dollars in settlements for clients and operates offices across the nation including Rochester, New York City, Los Angeles, and Buffalo.
Location: 28 East Main Street, Suite 600, Rochester, NY 14614
Contact: (800) 800-0000 | https://www.thebarnesfirm.com
Consultation: Free consultation with no obligation; contingency fee arrangement
4. Brenna Boyce PLLC Attorneys at Law
Focus Area: Personal Injury and Estate Planning
Practice Areas: Auto Accidents, Truck Accidents, Medical Malpractice, Construction Injuries, Slip and Fall, Premises Liability, Wrongful Death, Catastrophic Injuries
Background: Founded in 1953 by Robert L. Brenna, Sr., the firm has over 90 years of combined legal experience among its attorneys. Robert Brenna, Jr. was selected for inclusion in New York Super Lawyers for 18 consecutive years from 2007 to 2024. Sheldon Boyce was also selected for Super Lawyers recognition during the same period. The firm has a record of multimillion-dollar verdicts and settlements.
Location: 70 Linden Oaks, 3rd Floor, Rochester, NY 14625 (also Honeoye Falls office)
Contact: (585) 454-2000 | https://www.brennalaw.com
Consultation: Free initial consultation; appointments available
5. MCCM Law (McCormick, Cosandier, Cooman, McCormick)
Focus Area: Personal Injury Litigation
Practice Areas: Car Accidents, Bicycle Accidents, Construction Accidents, Dog Bite Injuries, Defective Product Injuries, Premises Liability, Negligence Claims, Wrongful Death
Background: The MCCM personal injury team handles cases where legitimate, significant harm has been sustained. Peter Weishaar was named to Rochester Business Journal’s 2024 Power 50 Law List. The firm emphasizes a personal approach with smaller caseloads to provide individual attention to clients, distinguishing themselves from volume-focused firms.
Location: Rochester, NY (Monroe County)
Contact: Available through website | https://www.mccmlaw.com
Consultation: Free consultation; contact form available for case inquiries
Personal Injury Laws in New York
Statute of Limitations:
New York provides a three-year statute of limitations for most personal injury claims, calculated from the date of the accident or injury. Medical malpractice cases have a shorter deadline of two years and six months from the date of malpractice or the end of continuous treatment. Wrongful death claims must be filed within two years of the date of death. Claims against government entities require a Notice of Claim within 90 days and a lawsuit within one year and 90 days.
Negligence Rule:
New York follows a “pure comparative negligence” system. Under this rule, an injured party can recover damages even if they are partially at fault for the accident. The compensation award is reduced by the percentage of fault attributed to the plaintiff. For example, if a plaintiff is found 30% at fault and damages total $100,000, they would receive $70,000. Unlike modified comparative negligence states, New York allows recovery even if the plaintiff is more than 50% at fault.
Damage Caps:
New York does not impose caps on compensatory damages in personal injury cases. There are no limits on economic damages such as medical expenses and lost wages, nor on non-economic damages such as pain and suffering. Defendants can appeal verdicts they believe to be excessive, but no statutory cap exists.
Auto Insurance Requirements:
New York is a no-fault insurance state. All drivers must carry minimum coverage of 25/50/10 for liability, meaning $25,000 per person and $50,000 per accident for bodily injury, plus $10,000 for property damage. Additionally, New York requires $50,000 in Personal Injury Protection (PIP) coverage, which pays for medical expenses, lost earnings up to $2,000 per month, and other reasonable expenses regardless of fault. Uninsured/underinsured motorist coverage matching the liability minimums is also mandatory.
Frequently Asked Questions
What is New York’s no-fault insurance system and how does it affect my personal injury claim?
New York’s no-fault system requires your own insurance company to pay for your medical expenses and lost wages up to $50,000 regardless of who caused the accident. To file a lawsuit for pain and suffering against the at-fault driver, you must demonstrate you suffered a “serious injury” as defined by Insurance Law Section 5102(d), which includes significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, or substantial limitation of use of a body function or system.
Can I still recover compensation if I was partially responsible for my accident in Rochester?
Yes. New York’s pure comparative negligence rule allows you to recover damages even if you were mostly at fault. Your compensation will be reduced proportionally by your percentage of fault. If a jury finds you 60% responsible for your accident and awards $100,000 in damages, you would still receive $40,000. This differs from many states that bar recovery if you are more than 50% at fault.
What happens if the person who injured me does not have insurance or has minimal coverage?
If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist coverage (required in New York) can provide compensation for your injuries. You can also file a personal injury lawsuit directly against the at-fault party, though collecting may be difficult if they lack assets. An attorney can help identify all potential sources of recovery.
How long do I have to file a claim if I was injured by a City of Rochester vehicle or on city property?
Claims against municipal entities have shorter deadlines than private party claims. You must file a Notice of Claim with the City within 90 days of the incident. After filing the notice, you have one year and 90 days from the date of the accident to file a lawsuit. Missing these deadlines typically results in losing your right to pursue the claim.
What types of damages can I recover in a New York personal injury case?
New York allows recovery of economic damages including medical bills, future medical expenses, lost wages, loss of earning capacity, and property damage. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In rare cases involving intentional or reckless conduct, punitive damages may be available. New York has no statutory cap on any category of damages in personal injury cases.