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How Do I Know If I Need a Personal Injury Lawyer for My Case in New York City?

  • New Yorkers filed 2,040 personal injury claims against New York City over car accidents in fiscal year 2024, up 20.4% from the year before, according to the NYC Comptroller.
  • The clearest signs you should talk to a lawyer are ongoing treatment or missed work, a party who denies fault, and an insurer asking you to sign a release.
  • A claim against the City needs a notice of claim within 90 days and a lawsuit within 1 year and 90 days, while most other New York injury lawsuits have three years.

You were recently injured in an accident caused by someone else’s negligence. Perhaps you were hurt by a careless motorist or a dangerous property condition. In either case, if the accident wasn’t your fault, you’re likely wondering whether you’re entitled to financial compensation. Fortunately, in many cases, you may very well be entitled to compensation, and you don’t have to pursue it alone. Below is how to tell whether you need a personal injury attorney for your case, and how an attorney can help you fight for fair compensation.

What Are the Signs I Should Talk to a Personal Injury Lawyer?

Generally speaking, you should talk to a personal injury lawyer after your accident if any of the following circumstances reflect yours:

  • You’re still receiving treatment or missing work. The bills you have in front of you only tell you what you’ve been charged so far. If you need surgery, several weeks of physical therapy, or more time away from work than you originally thought, you may have considerably more to account for.
  • The other party says they weren’t at fault. Say you slipped on a wet floor in a Manhattan grocery store and the manager tells you the spill had just happened. In this case, if there is existing security camera footage, or someone saw the spill before you fell, that evidence could help show how long it had been there.
  • An insurer wants you to sign a release. Before signing a release and accepting payment, read it carefully and have an attorney review it. Depending on what the release in question says, you may be giving up your right to seek additional money if, for example, you find out that you need more treatment at a later date.

Your medical records do much of the work in any claim. Keep every record from your first visit on, whether that visit was at an urgent care clinic or the emergency department at NYC Health + Hospitals/Bellevue, Manhattan’s Level I adult trauma center at 462 First Avenue. Gaps in treatment are one of the first things an insurer points to when it argues an injury wasn’t serious.

When Should I Contact a Lawyer After an Accident in New York City?

If you were hit by a city sanitation truck, for example, and believe the City of New York may be responsible, one of the most important things you can do is reach out to an attorney as soon as you can. The same goes for any crash, where the first days after a collision decide what evidence still exists. You should also note that who specifically you’re bringing the claim against can make a difference in how much time you have. Note the following:

  • Claims against the City. In most cases, you have 90 days from the incident to serve a notice of claim under General Municipal Law § 50-e before you can sue the City, and the lawsuit itself must be filed within 1 year and 90 days.
  • Most other personal injury lawsuits. In New York, you generally have three years to file under CPLR 214, though some cases have shorter deadlines.

Keep in mind that a store may erase its security footage well before your filing deadline, so if you remember seeing cameras or talking to witnesses, mention that when you speak with an attorney.

Do I Need a Lawyer to File a Claim Against the City?

Not legally. The NYC Comptroller’s Office says you don’t need a lawyer to settle a personal injury claim. Its process runs in a set order:

  1. File a notice of claim within 90 days of the incident using the Comptroller’s online personal injury claim form. Notices can’t be sent by email.
  2. You may be required to appear at a hearing and give testimony about the claim.
  3. Wait 30 days after filing and comply with any hearing demand before you sue.
  4. File the lawsuit in court within 1 year and 90 days of the incident.

What the steps don’t show is the weight of each one. The notice has to describe what happened and where, and anything you say at the hearing is sworn testimony the City can use later. When a City vehicle is involved, our NYC car accident lawyers can handle the notice and prepare you for the hearing.

Common Questions About Whether You Need a Personal Injury Lawyer

What if I was partly at fault for the accident?

You can usually still recover. In most New York injury cases, CPLR 1411 reduces your award by your share of the fault instead of barring it. Car accident lawsuits filed on or after May 26, 2026 are different: recovery is barred if your share of fault is greater than the other side’s. That rule is one part of the 2026 law that changed New York car accident cases.

Can I still hire a lawyer if I already talked to the insurance company?

Yes. Speaking with an adjuster doesn’t end your options. From here on, decline recorded statements until you’ve had advice, don’t sign a release or a broad medical authorization, and keep copies of every letter and email the insurer sends.

Does no-fault insurance mean I don’t need a lawyer after a car accident?

Not necessarily. No-fault pays medical bills and lost earnings up to $50,000 per person in basic economic loss, whoever caused the crash. To sue the other driver for pain and suffering, your injury generally has to meet the serious injury threshold in Insurance Law § 5102(d), and proving it takes medical evidence.

Whether you need a lawyer comes down to what’s still unknown about your injury, who you’re up against and how much time is left. If any of the signs above fit your situation, a conversation with a New York City personal injury lawyer at The Law Offices of Richard M. Kenny can help you see where you stand.

Speak With a New York City Injury Lawyer Today

To talk about what happened, call our office at (212) 421-0300 or request a free case evaluation online.

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If you’ve been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your personal injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

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The Law Offices of Richard M. Kenny

Whether you need a car accident lawyer, slip and fall lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Offices of Richard M. Kenny can help. Located in New York City, we’ve helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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