1. The Martello Law Firm
Focus Area: Motor Vehicle Accidents and Personal Injury Litigation
Practice Areas: Car Accidents, Truck Accidents, Motorcycle Accidents, Premises Liability, Construction Accidents, Slip and Falls, Wrongful Death, Nursing Home Abuse
Background: Founded by John Martello, Esq., who earned his J.D. from Syracuse University College of Law in 2003. The firm has over 20 years of experience handling car-related injury cases throughout New York. Attorney Martello is fluent in Spanish, allowing direct communication with Spanish-speaking clients. The firm is admitted to practice in all New York State courts.
Location: 35 E Grassy Sprain Rd, Suite 207, Yonkers, NY 10710
Contact: (914) 294-2029 | https://www.martellofirm.com
Consultation: Free initial case evaluation, contingency fee basis (no fee unless compensation is recovered)
2. Russo Law LLP
Focus Area: Serious Personal Injury and Wrongful Death Cases
Practice Areas: Car Accidents, Construction Accidents, Slip and Falls, Wrongful Death, Truck Accidents, Premises Liability, Medical Malpractice
Background: Richard A. Russo has been named a Super Lawyers Rising Star five years consecutively and is included in the National Trial Lawyers “Top 100.” The firm serves clients throughout Yonkers, the Bronx, Manhattan, Brooklyn, Queens, and surrounding areas including Riverdale, Woodlawn, and Pelham Parkway.
Location: Yonkers and New York City offices serving the greater metro area
Contact: Available 24/7 | https://www.russolawllp.com
Consultation: Free consultation, contingency fee arrangement
3. Fiedler Deutsch, LLP
Focus Area: Personal Injury and Medical Malpractice
Practice Areas: Car Accidents, Truck Accidents, Motorcycle Accidents, Medical Malpractice, Slip and Falls, Premises Liability, Negligent Security, Wrongful Death
Background: Led by attorneys Adam Deutsch and Duane Fiedler, the firm has recovered over $250 million for clients. Both attorneys have been recognized in New York Super Lawyers, Best Lawyers of America, and Best Law Firms in America by U.S. News and World Report. The firm emphasizes personalized attention with partners handling each case directly.
Location: Serving Yonkers and Westchester County
Contact: (914) 993-0393 | https://www.fiedlerdeutsch.com
Consultation: Free, no-obligation case review, contingency fee structure
4. Stufano Law
Focus Area: Personal Injury Claims in Westchester County
Practice Areas: Car Accidents, Slip and Falls, Premises Liability, Pedestrian Accidents, Personal Injury Claims, Insurance Disputes
Background: A law firm located in the heart of Yonkers, NY, Stufano Law focuses exclusively on personal injury cases. The firm represents accident victims throughout Westchester County, Long Island, and New York City. The practice emphasizes staying current with New York legal developments and maintaining strong attorney-client relationships.
Location: Yonkers, NY (Westchester County)
Contact: https://stufanolaw.com
Consultation: Free initial consultation, contingency fee representation
5. Kerner Law Group, P.C.
Focus Area: Comprehensive Personal Injury Representation
Practice Areas: Car Accidents, Slip and Falls, Dog Bites, Medical Malpractice, Building and Premises Liability, Wrongful Death, Animal-Related Injuries
Background: Led by Stuart M. Kerner, the firm brings decades of experience to personal injury cases. The team has extensive knowledge of Yonkers local laws and regulations. Attorneys and legal assistants provide 24/7 availability with personalized attention to each case.
Location: Serving Yonkers and surrounding areas
Contact: https://yourbronxlawyers.com/yonkers/
Consultation: Free consultation available 24/7, contingency fee basis
Personal Injury Laws in New York
Statute of Limitations
New York law provides specific timeframes for filing personal injury lawsuits. For most personal injury claims, including car accidents, slip and falls, and premises liability cases, the statute of limitations is three years from the date of injury. Medical malpractice claims must be filed within two years and six months from the date of the alleged malpractice or from the end of continuous treatment. Wrongful death claims must be brought within two years of the date of death. Claims against municipal entities (cities, towns, counties) require a Notice of Claim within 90 days of the incident, with the lawsuit filed within one year and 90 days.
Negligence Rules
New York follows a pure comparative negligence system under CPLR Section 1411. Under this rule, an injured party can recover damages even if they are partially at fault for their own injuries. The compensation awarded is reduced in proportion to the plaintiff’s percentage of fault. For example, if a plaintiff is found 25% responsible for an accident and total damages are $100,000, the plaintiff can recover $75,000. Unlike some states that bar recovery if the plaintiff is more than 50% at fault, New York allows recovery regardless of the plaintiff’s degree of fault.
Damage Caps
New York does not impose statutory caps on compensatory damages in personal injury cases. There are no limits on economic damages (medical expenses, lost wages, property damage) or non-economic damages (pain and suffering, emotional distress). Punitive damages may be awarded in cases involving gross negligence or intentional misconduct, though courts maintain discretion over these awards.
Auto Insurance Requirements
New York operates as a no-fault insurance state. Required minimum coverage includes: $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $10,000 for property damage (25/50/10). Drivers must also carry $50,000 in Personal Injury Protection (PIP/No-Fault coverage) per person and uninsured/underinsured motorist coverage matching the bodily injury limits. Under the no-fault system, injured parties first seek compensation from their own insurance regardless of fault. Lawsuits for pain and suffering are only permitted when the injured party sustains a “serious injury” as defined by New York Insurance Law Section 5102(d).
Frequently Asked Questions
What qualifies as a “serious injury” in New York that allows me to sue for pain and suffering after a car accident in Yonkers?
Under New York Insurance Law Section 5102(d), a “serious injury” includes death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation of a body organ or member, significant limitation of use of a body function or system, or a medically determined injury that prevents the injured person from performing substantially all of their usual daily activities for at least 90 days during the 180 days immediately following the accident. Meeting this threshold is necessary to pursue non-economic damages beyond what PIP coverage provides.
If I am injured on a poorly maintained sidewalk in Yonkers, who can I hold responsible for my injuries?
Property owners and, in some cases, the City of Yonkers may be held liable for injuries caused by defective or poorly maintained sidewalks. Under New York law, abutting property owners often have responsibility for maintaining adjacent sidewalks. If the City of Yonkers is responsible, you must file a Notice of Claim within 90 days of the incident and commence your lawsuit within one year and 90 days. Documenting the hazardous condition with photographs and obtaining witness information is important for building your case.
How does the three-year statute of limitations work if my injury symptoms did not appear immediately after the accident in New York?
New York recognizes a “discovery rule” in certain circumstances, particularly for toxic exposure cases and some medical conditions. The statute of limitations may begin when the injury is discovered or should reasonably have been discovered rather than when the incident occurred. However, this exception is applied narrowly. For most personal injury cases, the clock starts on the date of the accident. Consulting an attorney promptly helps ensure your claim is filed within the appropriate timeframe.
Can I recover compensation in New York if I was partially at fault for my accident in Yonkers?
Yes. New York’s pure comparative negligence rule allows you to recover damages even if you bear significant responsibility for the accident. Your compensation will be reduced by your percentage of fault. For instance, if you are found 40% at fault and your damages total $50,000, you can recover $30,000. This differs from states with modified comparative negligence rules that bar recovery if the plaintiff is 50% or more at fault.
What should I do if the at-fault driver in my Yonkers car accident does not have insurance or has insufficient coverage?
New York requires all drivers to carry uninsured/underinsured motorist (UM/UIM) coverage. If the at-fault driver lacks insurance or carries inadequate coverage, you can file a claim under your own UM/UIM policy to cover your injuries and damages. The minimum required UM/UIM coverage matches your bodily injury liability limits. Additionally, if your medical expenses and lost wages exceed PIP limits, UM/UIM coverage can help bridge the gap. Keeping detailed records of your medical treatment and expenses supports your claim.