What does a personal injury attorney do in New York?

A personal injury attorney helps injured people build and prove a claim, deal with insurance companies, and pursue compensation through settlement or a lawsuit when necessary. In New York, that also means navigating strict rules and deadlines that can change depending on who caused the harm and whether a public agency is involved.

Here is what that work looks like in real life.

At a glance: the job in 10 plain-English duties

A New York personal injury attorney typically:

• Evaluates whether you have a viable claim and who is legally responsible

• Preserves evidence before it disappears (photos, video, incident reports, witnesses)

• Collects and organizes medical records, bills, and proof of lost income

• Calculates damages and future needs (treatment, lost earning capacity)

• Handles insurance communications and negotiations

• Files the right claims and lawsuits on time

• Manages special rules for cases involving the City, MTA, or other public entities (notice of claim)

• Prepares your case for trial if a fair settlement does not happen

• Addresses liens and reimbursement issues (health insurance, no-fault, workers’ comp)

• Keeps you from getting boxed in by early lowball offers or bad paperwork

  
  

1) They figure out who is responsible and what laws apply

One of the first value-adds is identifying the correct defendants and legal theories. That might mean:

• A negligent driver in a car crash

• A building owner in a slip-and-fall

• A contractor, manufacturer, or employer

• A public entity (City of New York, MTA, NYCHA, etc.), which triggers extra procedural rules

Blitz Law Group describes handling both negotiation and litigation in personal injury matters, which typically starts with this early case assessment and strategy.

2) They investigate and lock down evidence

In many injury cases, evidence changes fast. A personal injury attorney works to preserve and collect proof like:

• Surveillance footage (often overwritten quickly)

• Witness statements

• Scene photos and measurements

• Accident reports

• Prior complaints or maintenance records (in premises cases)

• Cell phone records or vehicle data in certain crash cases

Blitz Law Group has written about how surveillance footage can materially affect injury cases in NYC, which is a good example of why early investigation matters.

3) They build the medical story and prove causation

Insurance companies do not just ask “are you hurt.” They ask:

• What is the diagnosis?

• How was it caused?

• What treatment was required?

• What are the lasting limitations?

Your lawyer gathers records, timelines, imaging, treating-provider narratives, and documentation of how the injury affects daily life. This is especially important when the defense argues the injury was “preexisting” or “minor.”

4) They calculate damages, including future costs

A settlement should not be based on whatever bills you have today. A lawyer works to document the full scope of losses, which can include:

• Medical expenses (past and anticipated)

• Lost wages and reduced earning capacity

• Out-of-pocket costs (transportation, home help)

• Pain and suffering when applicable

• Long-term limitations and lifestyle impact

This is one reason Blitz Law Group advises people not to rush into early settlements before understanding long-term medical needs.

5) They deal with insurers so you do not have to

A big part of the job is managing insurance tactics: recorded statements, quick settlement offers, requests for broad medical authorizations, and arguments about fault.

Blitz Law Group notes that its team is familiar with common insurance tactics used to minimize payouts and emphasizes negotiation as a key part of representation.

6) They file lawsuits and run the litigation process if needed

When settlement talks stall, your attorney can file suit and handle:

• Drafting and filing the complaint

• Discovery (documents, depositions, expert exchanges)

• Motions and court conferences

• Settlement conferences and mediation

• Trial preparation and trial, if needed

Blitz Law Group explicitly describes an “aggressive litigation” approach when a fair settlement is not offered.

7) They keep you on track with New York deadlines

Deadlines are not optional, and New York has several that matter.

Most private personal injury cases: often 3 years

New York courts’ statute of limitations chart lists “other negligence resulting in personal injury” as 3 years under CPLR 214(5).

Cases against NYC or other public entities: notice of claim is usually required in 90 days

NYC’s Comptroller explains that tort notices of claim must generally be served appropriately within 90 days from the date of occurrence, referencing General Municipal Law § 50-e.

Missing these deadlines can significantly damage or end a case, which is why lawyers treat early intake as a priority.

8) They protect you if you were partly at fault

New York follows a comparative fault rule. CPLR 1411 states that a claimant’s culpable conduct does not bar recovery, but damages can be reduced proportionally.

That matters in everyday scenarios like:

• A pedestrian partially distracted

• A driver who might share fault in a multi-car collision

• A fall where footwear or lighting becomes an issue

  
  

Your attorney’s job is to limit fault-shifting and keep the focus on the defendant’s negligence.

9) They handle liens and reimbursement issues

Even when you settle, there can be repayment claims from insurers or benefit programs. Attorneys often negotiate and resolve:

• Health insurance liens

• No-fault reimbursement issues

• Workers’ comp liens (when applicable)

This is one of the less visible parts of the job, but it can materially affect what you take home.

10) They advise you on what to do (and not do) while the case is pending

This includes practical guidance like:

• What documents to save

• How to document missed work and limitations

• How to avoid social media pitfalls

• When to avoid speaking with opposing insurers directly

• How to communicate with providers so your records accurately reflect symptoms and progress

When should you call a personal injury attorney?

Consider calling sooner rather than later if:

• You were taken to the ER, needed imaging, or have ongoing treatment

• You missed work or expect future limitations

• Liability is disputed

• A public entity might be involved (City vehicle, MTA, sidewalk/public property)

• The insurer is pushing you to “wrap it up” quickly NYC Comptroller+1

Talk to Blitz Law Group

If you want to understand your options, the next step is a short consult where a lawyer can evaluate liability, coverage, medical proof, and deadlines.

Call Blitz Law Group at +1(866) 670-0995.

FAQs

Do personal injury attorneys only handle lawsuits?

No. Many cases begin as insurance claims and settle through negotiation. A lawyer also prepares the case to be trial-ready if settlement fails.

How long do I have to file a personal injury lawsuit in New York?

Many negligence-based personal injury cases are subject to a 3-year statute of limitations under CPLR 214(5).

What if my case involves NYC or another public agency?

You may need a notice of claim within 90 days (for NYC tort claims, the Comptroller’s office explains this requirement and references GML § 50-e).

Can I still recover if I was partly at fault?

Often yes, but the recovery can be reduced based on your share of fault under CPLR 1411.