Get Top-Notch Personal Injury Law Assistance in New York City
WERE YOU INJURED BY ANOTHER PERSON’S ACTIONS?
If you have suffered a serious injury because of someone’s negligent or harmful acts, you need to know that you can trust your lawyer to do everything possible to get you the compensation you deserve. At Keith D. Silverstein & Associates, we provide personalized legal guidance to injury victims, treating every case with care and attention.
Not only is every one of our personal injury cases supervised by a partner, but each claim is also prepared thoroughly and professionally so that we can go to trial without delay if needed. Unlike other New York City personal injury law firms, we are not interested in making a quick buck by simply settling as many cases as possible.
In fact,we intentionally limit our personal injury practice to a select group of serious and significant cases so we can provide the best possible service. This allows us to make sure your case gets the attention it needs.
Simply put, we are committed to pursuing an aggressive personal injury litigation strategy designed to maximize your recovery.
Schedule a FREE consultation with our New York personal injury lawyers today by calling (646) 813-3922 or by contacting us online.
Types of Personal Injury Cases We Handle
At Keith D. Silverstein & Associates, we provide personalized legal guidance to injury victims, treating every case with care and attention. We have helped clients with a wide variety of negligence-based claims, as well as cases involving wrongful acts and intentional infliction of injury.
Our personal injury practice handles the following types of cases:
We also provide skilled legal representation to those affected by water contamination at Camp Lejeune in North Carolina, including military veterans and their families. Our law firm has proudly helped people from all walks of life, including business owners, professionals, union workers, and even rescue and recovery workers from the World Trade Center disaster, among others.
When to File Personal Injury Claims
First and foremost, you should know that there is a statute of limitations, or filing deadline, on personal injury cases in New York City. In most cases, you have just three years from the date of injury to file your lawsuit. In wrongful death cases, the statute of limitations is two years from the date of death. Cases against the government or government entities are subject to additional deadlines.
If you fail to file your lawsuit before the applicable statute of limitations expires, the court will have grounds to dismiss your case and you will permanently lose your right to seek financial compensation.
However, before filing a claim, there are certain things you must prove to determine whether you even have a case:
- Injury: You only have personal injury claims if you sustained injuries that led to measurable damages, such as medical costs, lost wages, or pain and suffering. Even if you can successfully prove all of the other elements of your claim, including medical negligence and fault, you do not have a case if you were not injured.
- Duty of care: You (and your legal counsel) must establish that the defendant (the party against whom you are bringing your claim) had a legal responsibility to act or refrain from acting in certain ways that could cause foreseeable harm to others. This may include obeying traffic laws, warning of potential hazards on a property, and more.
- Breach: When someone breaches the duty of care they owe to others, it means that they fail to uphold their legal responsibility to prevent foreseeable injury through prudent acts and omissions. In other words, if someone breaks the law, acts carelessly, or is otherwise negligent, they have likely breached their duty of care to others.
- Causation: Lastly, to have a successful personal injury case, you must prove that the defendant’s negligent or wrongful conduct was the cause of your injuries and resulting damages. Essentially, you must prove that the defendant was at least partly at fault. Even if you were partially to blame, you could still have a case.
Keith D. Silverstein & Associates leverages extensive experience, robust resources, and legal acumen to investigate claims, gather important evidence develop powerful legal strategies for our clients. Our law firm’s goal is to recover maximum compensation for you so that you can manage unexpected financial burdens associated with your accident, injury, or loss.
How a New York Personal Injury Lawyer Helps
Navigating the aftermath of a serious injury can be extremely difficult, but a personal injury lawyer in New York state can assist you with the various legal aspects of your situation. NYC personal injury attorneys will not only be able to explain the law and how it applies to your case but can also provide personalized information and advice specifically tailored to your unique circumstances.
Keith D. Silverstein & Associates assists clients by:
- Discussing the details of their cases, as well as their legal rights and options, at no cost
- Listening to their stories and learning about their unique needs, concerns, and goals
- Ascertaining whether a case, be it medical malpractice or driver negligence, is viable
- Helping them obtain proper medical care (when necessary and/or appropriate)
- Gathering evidence, such as medical records, police reports, and witness statements
- Communicating with the insurance company and negotiating for a fair settlement
- Using all available evidence to build powerful, personalized legal claims
- Developing innovative and creative legal strategies aimed at maximizing compensation
- Preparing all cases for litigation and trial to stay one step ahead of the defense
- Representing their rights in criminal or civil court whenever necessary
We offer the experience of a large law firm with the efficiency, personal attention, and accessibility of a boutique practice. Throughout the years, our New York City personal injury attorneys have consistently recovered noteworthy results for our clients, including many favorable settlements and jury verdicts.
Our personal injury lawyers in New York are ready to fight for you. Call (646) 813-3922 or contact us online to request a complimentary case review. Hablamos español.
Work With Keith D. Silverstein & Associates
We Help The Injured
"*" indicates required fields
How We Can Help
Types of Damages in Personal Injury Cases
Damages is a legal term used to describe the collective economic and noneconomic losses an individual endures due to an injury or the death of a loved one.
Economic damages are losses with a set dollar value, such as:
- Medical expenses
- Projected future care costs
- Lost income/wages
- Lost employment benefits
- Rehabilitation and therapy costs
- Miscellaneous out-of-pocket expenses
Noneconomic damages are intangible and may include:
- Pain and suffering
- Lost earning ability
- Diminished quality of life
- Emotional distress
- Mental health conditions
- Disfigurement
- Inconvenience
Both economic and noneconomic damages are examples of compensatory damages, which are damages awarded to compensate injury victims for specific losses. In addition to compensatory damages, courts sometimes award punitive or exemplary damages. Rather than compensate an injured party or the surviving family members of those wrongfully killed, punitive damages are meant to punish defendants for gross negligence, egregious misconduct, and intentional infliction of harm.
Every case is different; the exact types of damages you may be entitled to receive depend on various factors involved in your case, as does the overall value of your claim.
We encourage you to reach out to our personal injury lawyer in New York at Keith D. Silverstein & Associates to learn more during a no-cost, no-obligation consultation.
What Do I Need to Know About New York Injury Laws?
If you’ve been hurt in New York City, you’ll quickly find that injury law here operates differently than in many other states. New York follows a unique system for motor vehicle accidents known as “no-fault insurance.” This framework is meant to make the claims process quicker by guaranteeing certain benefits regardless of who caused the accident. However, while it may sound straightforward, it can also make pursuing the full compensation you deserve more complicated, especially when your injuries go beyond what no-fault insurance covers.
How No-Fault Insurance Works in New York
Under New York law, all motorists are required to carry a minimum level of personal injury protection (PIP) coverage. After a vehicle accident, this coverage pays for specific accident-related damages, even if another driver or party was clearly at fault.
PIP benefits cover:
- Medical bills: All reasonable and necessary treatment related to the injuries sustained in the accident
- Lost wages: Up to 80% of your income, capped at $2,000 per month, for up to three years
- Incidental expenses: Up to $25 per day for costs such as transportation to medical appointments or household help for up to one year
- Death benefit: A one-time $2,000 payment to the estate of someone who dies in a covered accident
The total combined limit for medical bills, lost wages, and other expenses under basic PIP coverage is $50,000 per person. Once this limit is reached, extended coverage options such as Additional Personal Injury Protection (APIP) or Optional Basic Economic Loss (OBEL) can be purchased.
While this system offers an important safety net, it also has strict limits. PIP will not fully cover lost wages if you earn more than the cap, and it never compensates for noneconomic damages such as pain and suffering, loss of companionship, or diminished quality of life. For personal injury victims dealing with serious injuries, those limits can leave them struggling to recover financially and emotionally.
Rules for Stepping Outside the No-Fault System
New York law recognizes that not all injuries are the same. That’s why people who suffer what the state defines as a “serious injury” are allowed to step outside the no-fault system. This opens the door to file a claim against the responsible party — often a negligent driver, property owner, construction company, or medical provider — and recover damages that go far beyond PIP’s restrictions.
This process is where NYC personal injury attorneys play a critical role. Insurance companies and defense lawyers often try to minimize claims, arguing that your injuries don’t meet the state’s legal threshold. Without experienced representation, many people accept low settlement offers that don’t come close to covering their true costs, from ongoing medical care to permanent injuries.
Understanding the “Serious Injury” Threshold
To pursue damages outside of no-fault coverage, you must prove that your injuries fall into at least one of the categories laid out in New York Insurance Law § 5102(d):
- Bone fractures: Any confirmed break, often proven with X-rays or imaging
- Significant and permanent disfigurement: Scarring, amputations, or visible damage, particularly to the face, neck, or hands
- Permanent consequential limitation of a body organ or member: Lasting damage to organs or limbs that impairs normal use
- Significant limitation of a bodily function or system: Documented medical evidence showing restricted motion or impairment, even if not permanent
- Substantial disability for 90 days or more: Often referred to as the “90/180 rule,” meaning you were unable to perform most of your normal daily activities for at least 90 days within the six months following the accident
Proving these categories often requires medical documentation, expert testimony, and strong advocacy. Our trial lawyers work with doctors, vocational experts, and economists to show the full impact of your injuries, from brain damage and medical negligence to complications such as placental abruption or the lifelong effects of construction site accidents.
Why You Should Seek Experienced Legal Help
The claims process in New York can feel overwhelming. Between dealing with an insurance company, keeping up with medical appointments, and trying to recover, it’s easy to feel pressured into accepting less than you deserve. That’s why having an experienced personal injury lawyer on your side matters.
Our law firm has represented clients across New York City and the Upper West Side, helping personal injury victims pursue compensation for:
- Medical malpractice claims involving surgical errors, medication mistakes, or other acts of medical negligence.
- Premises liability cases where a property owner failed to maintain safe conditions, leading to fall accidents or other harm.
- Construction site accidents that leave a construction worker permanently disabled or unable to earn a living.
- Product liability cases involving defective products that cause severe injuries.
- Motor vehicle and car accidents, including those caused by a drunk driver or negligent operator.
Whether your case involves lost wages, future medical costs, or the life-altering impact of permanent injuries, we have the resources and knowledge of New York law to fight for fair compensation. Our team has built a reputation among the best lawyers in the city for achieving results that truly reflect the damage our clients have endured.
Talk to an NYC Personal Injury Lawyer Today
If you’re unsure whether your injuries meet New York’s serious injury threshold — or if you simply want to understand your legal options — the best step you can take is to speak with one of our attorneys. Keith D. Silverstein & Associates offers a free consultation so you can get clear answers about your case and what to do next
Don’t let an insurance adjuster decide the value of your recovery. Call us today, and let our dedicated team of NYC personal injury attorneys help you navigate the law, challenge the responsible party, and fight for the justice you deserve.
Frequently Asked Questions
What happens if the person who caused my injury doesn’t have insurance?
If the person who caused your injury doesn’t have insurance, you may still have options for compensation. Depending on your own insurance company’s specific policies, you might be able to file a claim through your uninsured/underinsured motorist coverage (if the injury was the result of a car accident), for example.
Alternatively, you could potentially pursue a personal injury lawsuit against the at-fault party directly, if your lawyer advises. In some cases, there may be other parties who share liability for your injuries, such as employers, property owners, or manufacturers, and they could potentially be sources of compensation.
Can I file personal injury claims if I didn’t immediately realize I was injured?
You can still file personal injury claims if you didn’t immediately realize you were injured, which could happen for certain injuries, illnesses, and side effects of unsafe medication. In New York, the statute of limitations for personal injury cases is generally three years from the date of the accident. However, if you weren’t immediately aware of your injury, the clock might start ticking from the date you discovered the injury or reasonably should have discovered it.
What do I need to prove in personal injury claims in New York?
In personal injury claims in New York, you need to establish two primary components: liability and damages. To prove liability, you must demonstrate that the party you’re holding responsible acted negligently and that these actions directly caused your injuries. This process often involves presenting physical evidence from the scene of the incident, witness testimonies, or expert opinions. As for damages, you must illustrate the extent of your injuries and the financial repercussions they’ve caused, which can also consider future losses.
What are some of the most common accident types that lead to personal injuries in NYC?
The most common accident types that lead to personal injuries in New York City are often auto accidents as well as slip and fall incidents. Car accidents are particularly prevalent, with whiplash being a common injury, and incidents are often caused by negligent driving behaviors such as driver distraction.
Slip and fall accidents, often due to slippery sidewalks or poorly maintained staircases, are another significant cause of personal injuries in the city, as are construction accidents in a city that is constantly under construction.
What qualifies as a personal injury that justifies a claim or lawsuit?
A personal injury that justifies a claim or lawsuit typically involves harm that a person suffers due to the negligence or intentional act of another party. This harm can be physical, such as broken bones, burns, or traumatic brain injury, but it can also include emotional or psychological distress.
To justify a claim, the suffered injury must have caused some form of measurable damage to the injury victim, such as medical expenses, loss of earnings, property damage, or noneconomic damages, including pain and suffering, loss of enjoyment of life, or emotional distress.
Can I file personal injury claims if I was partly at fault?
Yes, if you were partly at fault for the incident that caused your injury, you can still file a claim and seek compensation for your damages. Under New York’s pure comparative negligence rule, you can even file a claim if you were more at fault than the other party.
However, the amount you can recover will be limited by the same percentage of fault you are determined to have. For example, if you are found to be 25% to blame, your recovery will be reduced by 25%. This means that you would only be able to recover up to 75% of the amount you are seeking in damages.
What is the statute of limitations on personal injury lawsuits in New York?
The statute of limitations, or the amount of time you have to file a lawsuit, for personal injury in New York is three years. This means that you have three years from the date of the injury or the date of discovery (the date on which the injury was discovered or reasonably could have been discovered) to file your claim in civil court. There are very few exceptions; we recommend that you act quickly so that you do not lose your right to seek damages.
How can a personal injury lawyer in New York at Keith D. Silverstein & Associates help me?
We assist clients with all aspects of their claims, from obtaining proper medical care to communicating with the insurance company to seeking fair compensation for all related damages.
Our NYC personal injury attorneys have extensive experience handling all types of personal injury cases, including those involving car accidents, motorcycle accidents, truck accidents, taxi and rideshare accidents, subway accidents, pedestrian accidents, bicycle accidents, construction site accidents, defective drugs and medical devices, water contamination, asbestos exposure, birth injuries, brain injuries, spine injuries, slip and falls, permanent injuries, wrongful death, and more. No matter how complex or challenging your case may be, our law firm is ready to stand up for you and protect your rights, both in and out of the courtroom.
How much does it cost to hire a personal injury lawyer in New York?
In New York, as in other states, personal injury lawyers almost always provide their legal services on a contingency-fee basis. This means that their fees are contingent upon them winning your case. In other words, you do not pay any attorney fees or personal injury litigation-related costs unless and until your attorney recovers a settlement or verdict on your behalf. Your attorney’s fees and other related legal costs are paid via a percentage of your overall recovery, typically about 33%, though this amount can vary.
How much is my case worth?
Although many people wish to know the overall value of their claim, it is not possible to determine without first reviewing the specific details involved. Some of the many factors that influence how much your claim could be worth include the severity of your injuries, the cost of your medical care, whether you were partly at fault, how much time you had to take off work to recover, and more. We encourage you to contact our team at Keith D. Silverstein & Associates to learn more during a completely free case evaluation.
How do I know if I have a personal injury case?
The New York state allows you to pursue personal injury claims when you are injured due to negligence, wrongful conduct, malpractice, or default. If someone else was to blame for your injury, you likely have a case.
What Can My New York Injury Attorney Do for Me?
Many personal injury victims in New York City quickly discover that the claims process is designed to protect insurers’ bottom lines, not the victims’ well-being. That’s where having an experienced personal injury lawyer makes all the difference.
Leveling the Playing Field
Insurance adjusters are trained to minimize payouts. They may pressure you to accept a quick settlement before the full extent of your injuries is known, demand recorded statements to twist your words, or scour your social media for reasons to claim you aren’t as badly hurt as you say. Some even delay or deny claims outright, hoping you’ll give up.
Our NYC personal injury attorneys protect you from these tactics. From the moment you hire us, we take over all communication with the insurance company so you can focus on recovery. We also launch a thorough investigation, collect evidence, and work with medical experts, economists, and accident reconstruction specialists to build a strong case that reflects the true impact of your injuries.
Providing Comprehensive Legal Support
Personal injury law covers much more than motor vehicle accidents. Whether your case involves medical malpractice, a construction site accident, a fall accident on unsafe property, or defective products that caused lasting harm, our legal team pursues every available avenue for compensation.
Here’s what we do for our clients:
- Investigate the accident and gather critical evidence
- Identify every responsible party involved, from negligent drivers to careless property owners or manufacturers
- Calculate the full scope of your damages, including medical bills, lost wages, and the cost of future care
- Handle settlement negotiations with insurers
- Represent you in personal injury litigation if a fair settlement isn’t offered
- Keep you informed at every stage of the claims process
Capitalizing on a Reputation for Results
While many cases are resolved through settlement, insurers take our demands seriously because they know our trial lawyers are ready to fight in court if necessary. This reputation gives us leverage to secure stronger settlement offers and maximize recovery for our clients. When you call us, you’ll have a dedicated legal team committed to your recovery, your future, and your peace of mind.
We Help Injured New Yorkers
When you have been involved in an accident, you need a team of dedicated, experienced, and aggressive legal counsel. We are Keith D. Silverstein & Associates, and we are ready to help you obtain the maximum compensation possible.
Contact Us Today to Get a Free Case Evaluation
If you’ve been injured in New York City, don’t face the claims process alone. Call us today for a free consultation with an experienced personal injury lawyer who will fight for the compensation you deserve.
"*" indicates required fields
7 Mistakes That Can Ruin Your NYC Personal Injury Claim: How to Protect Your Rights After an Accident
- Accident News
Motorcycle Accidents in Queens: Why Riders Face Unique Legal Challenges and How to Maximize Your Claim
- Accident News
Manhattan, NY – Pedestrian Injured After Being Struck by Bicycle Near E 84th St
- Accident News