1. Block O’Toole & Murphy
Focus Area: Personal injury litigation with emphasis on catastrophic injury cases
Practice Areas: Construction accidents, motor vehicle accidents, wrongful death, third-party work injuries, premises liability, municipal liability
Background: The firm has recovered over $2 billion for clients and secured more than 300 case results exceeding $1,000,000 each since 2012. The legal team includes former prosecutors and seasoned civil litigators. U.S. News & World Report awarded the firm a Tier 1 ranking in Personal Injury Litigation for the New York City metro area. Partners Jeffrey Block, Daniel O’Toole, and Stephen Murphy have each been recognized as “Lawyer of the Year” by Best Lawyers.
Location: 1 Penn Plaza, Suite 5315, New York, NY 10119
Contact: (212) 736-5300 | blockotoole.com
Consultation: Free initial consultation with no obligation. Contingency fee structure where clients pay nothing unless compensation is recovered.
2. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Focus Area: Complex personal injury and medical malpractice litigation
Practice Areas: Medical malpractice, motor vehicle accidents, mass tort disasters, plane crashes, explosions, fires, construction site injuries, wrongful death
Background: The firm has served clients for more than 100 years, consistently obtaining high verdicts and settlements in New York State. The team represents both individual injury victims and large groups affected by mass tort disasters. The firm maintains experience handling cases throughout all five NYC boroughs, Long Island, the broader New York metro area, and Upstate New York.
Location: 80 Pine Street, 34th Floor, New York, NY 10005
Contact: (212) 943-1090 | gairgair.com
Consultation: Free initial consultation available. Cases accepted on contingency basis.
3. Hach & Rose, LLP
Focus Area: Personal injury representation with multilingual support
Practice Areas: Car accidents, workplace injuries, construction accidents, slip and fall accidents, pedestrian accidents, wrongful death
Background: The firm has recovered over $1 billion in verdicts and settlements for New York injury victims. The practice offers multilingual support services to accommodate diverse clients throughout the five boroughs. Attorneys at the firm have received recognition from professional organizations and maintain active involvement in New York legal communities.
Location: 112 Madison Avenue, 10th Floor, New York, NY 10016
Contact: (212) 779-0057 | unionlawfirm.com
Consultation: Free consultations available. No-win, no-fee policy ensures clients owe nothing unless compensation is secured.
4. Paul B. Weitz & Associates, PC
Focus Area: Personal injury and medical malpractice with advocacy for systemic safety improvements
Practice Areas: Medical malpractice, construction site accidents, motor vehicle crashes, municipal liability, premises liability, wrongful death
Background: Firm roots stretch back to the 1970s with over 1,000 verdicts and settlements that have exceeded $1 billion in total. The practice has influenced public safety measures in New York, including audible and written subway warnings to “mind the gap,” protective matting beneath playground equipment, and changes to DUI laws removing the requirement for aggravating factors in certain prosecutions. Founder Paul B. Weitz graduated from Harvard Law School.
Location: 55 Broadway, 23rd Floor, New York, NY 10006
Contact: (646) 916-3179 | weitzkleinick.com
Consultation: Free initial consultation. No fee unless successful. Spanish-speaking services available.
5. Rosenbaum & Rosenbaum, P.C.
Focus Area: Personal injury and medical malpractice with focus on catastrophic injuries
Practice Areas: Work injuries, construction site accidents, car accidents, medical negligence, slip and fall cases, dangerous property conditions, defective drugs and medical devices, wrongful death
Background: The firm has secured notable results including a $22 million recovery for a pedestrian with traumatic brain injury from a motor vehicle accident, and a $7 million recovery for a child who suffered brain injury due to medical failure to diagnose placental abruption. The attorneys represent clients across all case types involving catastrophic injuries.
Location: 100 Wall Street, 15th Floor, New York, NY 10005
Contact: (212) 514-5007 | rosenbaumnylaw.com
Consultation: Free initial consultations offered. Contingency fee basis with no attorney fees unless compensation is recovered.
Personal Injury Laws in New York
Statute of Limitations
New York Civil Practice Law and Rules (CPLR) Section 214 establishes a three-year statute of limitations for personal injury claims. The clock begins on the date of the injury-causing incident. Medical malpractice claims have a shorter period of two years and six months from the date of the alleged malpractice. Wrongful death claims must be filed within two years of the date of death.
Claims against government entities require special attention. Injured parties must file a Notice of Claim within 90 days of the incident and then have one year and 90 days from the incident date to commence a lawsuit against municipalities or the State of New York.
Comparative Negligence Rule
New York follows a pure comparative negligence standard. Under CPLR Section 1411, an injured party may recover damages even if they bear partial responsibility for the accident. However, the recovery amount is reduced by the percentage of fault attributed to the injured party. For example, if a plaintiff is found 30% responsible for an accident with $100,000 in damages, the recovery would be reduced to $70,000. Unlike modified comparative negligence states, New York allows recovery even when the plaintiff’s fault exceeds 50%.
Damage Caps
New York does not impose statutory caps on compensatory damages in personal injury cases, including economic damages like medical expenses and lost wages, or non-economic damages such as pain and suffering. Punitive damages, though not capped, require proof of gross negligence, willful misconduct, or malice.
Auto Insurance Requirements
New York operates as a no-fault insurance state. The state mandates the following minimum coverage:
Bodily Injury Liability: $25,000 per person and $50,000 per accident for injury. For death, minimums are $50,000 per person and $100,000 per accident.
Property Damage Liability: $10,000 minimum coverage for damage to property of others.
Personal Injury Protection (PIP/No-Fault): $50,000 minimum. This covers medical and rehabilitation expenses, up to 80% of lost earnings (capped at $2,000 per month for up to three years), reasonable and necessary expenses of $25 per day for up to one year, and a $2,000 death benefit.
Uninsured Motorist Coverage: $25,000 per person and $50,000 per accident minimum.
Supplemental Spousal Liability Insurance is now required for policies issued or renewed after August 2023.
No-Fault vs. At-Fault System
New York’s no-fault system requires drivers to seek compensation for medical expenses and lost wages from their own insurance carrier, regardless of who caused the accident. To pursue a lawsuit against an at-fault driver for pain and suffering, the injured party must meet the “serious injury threshold” defined in New York Insurance Law Section 5102(d). Qualifying injuries include significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, permanent consequential limitation of use of a body function or system, or substantial limitation of use of a body function or system for 90 days during the 180 days following the accident.
Frequently Asked Questions
What constitutes a “serious injury” that allows me to sue beyond no-fault benefits in New York?
New York Insurance Law Section 5102(d) defines serious injury through specific categories: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ, member, function, or system, permanent consequential limitation of a body organ or member, significant limitation of use of a body function or system, and a medically determined injury preventing normal activities for at least 90 of the first 180 days following the accident. Medical documentation from treating physicians is typically required to establish threshold qualification.
How does New York’s Labor Law Section 240 (the “Scaffold Law”) protect construction workers?
Labor Law Section 240, known as the Scaffold Law, imposes strict liability on property owners and general contractors when a worker is injured in an elevation-related accident at a construction site. This includes falls from scaffolds, ladders, or other elevated surfaces, as well as injuries from falling objects. Unlike ordinary negligence claims, the worker does not need to prove the owner or contractor was negligent. The property owner or contractor bears absolute liability if safety devices were not provided or were inadequate, making this statute particularly protective for construction workers injured on New York job sites.
Can I file a personal injury claim against the New York City Transit Authority if I’m injured on the subway?
Yes, but claims against the MTA and New York City Transit Authority follow special procedures. You must file a Notice of Claim within 90 days of the incident describing the nature of the claim, the date, time, and location of the injury, and the damages sought. After filing, the agency typically schedules a hearing called a 50-h hearing where you provide testimony under oath. The lawsuit itself must be filed within one year and 90 days of the incident. Missing these deadlines generally bars recovery, though limited exceptions exist for infancy or mental incapacity.
What damages can I recover in a New York personal injury case involving a hit-and-run driver?
If you’re injured by a hit-and-run driver in New York, your own uninsured motorist coverage becomes primary. You can recover medical expenses, lost wages, and pain and suffering up to your policy limits. To pursue pain and suffering, you must still meet the serious injury threshold. The Motor Vehicle Accident Indemnification Corporation (MVAIC) provides an alternative if you lack uninsured motorist coverage, offering compensation for injuries caused by unidentified or uninsured drivers, though MVAIC claims require filing a Notice of Intention to Make Claim within 180 days.
How long do I have to report an injury to my own insurance company for PIP benefits in New York?
New York’s no-fault regulations require that you submit a PIP application to your insurance company within 30 days of the accident. While late filing may be excused with written proof providing a “clear and reasonable” justification for the delay, insurers frequently deny claims submitted beyond the 30-day window. Additionally, medical providers treating your injuries must submit bills within 45 days of treatment. Failure to meet these deadlines can result in denial of benefits, so prompt reporting is essential to preserve your right to no-fault coverage.