Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What type of lawyer represents a victim in a personal injury case?
A plaintiff’s personal injury attorney represents victims. Unlike defense lawyers who protect the accused party, a plaintiff’s attorney advocates for the injured person, building a case to prove negligence and recover damages. In New York, these attorneys typically work on contingency, meaning you pay no fee unless they win.
How is a victim’s lawyer different from a defense lawyer?
A victim’s lawyer (plaintiff’s attorney) initiates the lawsuit on behalf of the injured party and seeks compensation from the at-fault party or their insurer. A defense lawyer, by contrast, is hired by the defendant or their insurance company to minimize or defeat that claim. As a victim in New York, you need a plaintiff’s attorney in your corner, not a defense lawyer.
What can a victim’s lawyer recover for me under NY law?
New York personal injury law allows victims to recover economic damages such as medical bills, lost wages, and future care costs, as well as non-economic damages like pain and suffering. New York follows a pure comparative negligence rule, so you can recover even if you were partly at fault — your award is simply reduced by your percentage of fault. An attorney can assess the full value of your claim.
How long do I have to hire a lawyer and file a claim in New York?
Under CPLR §214, most personal injury victims in New York have three years from the date of injury to file a lawsuit. However, exceptions apply: claims against a government entity require a notice of claim within 90 days, and medical malpractice cases carry a 2.5-year limit. Missing the deadline almost always bars your claim, so consult a victim’s attorney as soon as possible after an injury.