New York Personal Injury Insights
Articles by the attorneys at Davidov & Cohen Law on how injury claims actually work in New York — deadlines, no-fault, case value, and what to do in the days after an accident.
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Hit by a Garbage Truck in New York City: Why the First Question Is Whose Truck It Was
Hit by a garbage truck in New York City? Whether it was a Sanitation truck or a private carter changes who pays, which deadlines apply and what you must prove.
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Forklift Accidents in New York: Who Can Be Held Responsible Besides Your Employer
Hurt by a forklift in New York? Workers' compensation is only the start. When you can also sue the manufacturer, the site owner or another company.
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Carpal Tunnel Syndrome and Workers' Compensation in New York: A Step-by-Step Guide
Carpal tunnel from your job in New York can be covered by workers' compensation. How occupational disease claims work, the deadlines and what benefits pay.
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Whiplash Settlement in New York: The Five Documents That Decide a Neck Injury Claim
Whiplash after a car accident in New York? Why soft-tissue claims are hard, the serious injury threshold, and the medical records that decide a whiplash case.
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Back Injury at Work in New York: Three Questions That Decide Your Options
Hurt your back at work in New York? How workers' comp treats back injuries, why the spine isn't on the schedule, and when you can also sue someone else.
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Loss of Earning Capacity in New York: The Damages That Look Forward
Lost wages cover the paychecks you missed. Loss of earning capacity covers the career you lost. How New York proves it and who can claim it.
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Car Accident While Pregnant in New York: What to Do, and What the Law Provides
In a car accident while pregnant in New York? Why to get checked even if you feel fine, who pays for care, and how the law treats injury to a pregnancy.
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What Is a 50-h Hearing? A Walkthrough From the Letter to the Transcript
Got a 50-h hearing notice after a claim against a public body in New York? What the hearing is, what you will be asked, and why it matters.
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Torn Meniscus Settlement in New York: How a Knee Injury Is Proven and Valued
A torn meniscus after a car accident or fall in New York: how the injury is proven, the degeneration defense, surgery vs. therapy, the serious injury threshold, and what moves a settlement.
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Rotator Cuff Tear After a Car Accident: The Five Arguments the Insurer Will Make, and the Answers
A rotator cuff tear after a car accident in New York: the five arguments insurers make about shoulder injuries, how each is answered, the serious injury threshold, and what drives a settlement.
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Spinal Fusion Settlement in New York: How Your Case Moves Alongside Your Recovery
Facing spinal fusion surgery after an accident in New York? How the case runs alongside your recovery, the degeneration defense, future medical costs, liens, and why timing your settlement matters.
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Hit by a Delivery Truck in New York: Finding Everyone Who Is Responsible
Hit by a delivery truck or van in New York? How to identify every responsible party, from the driver to the delivery company and the vehicle owner, plus no-fault, insurance and deadlines.
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Crane Accidents in New York City: Two Kinds of Victims, Two Sets of Rules
Injured in a crane accident in New York City? The two tracks — workers under the Labor Law and bystanders under ordinary negligence — who is responsible, the evidence, and the deadlines.
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TBI Settlement Amounts in New York: Why the Numbers Online Mislead, and What Actually Counts
Searching for traumatic brain injury settlement amounts? Why published averages mislead, and the evidence that actually decides the value of a TBI claim in New York — testing, imaging, work and future care.
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Broken Ankle Settlement in New York: The Questions Clients Ask, Answered
Broke your ankle in a fall or car accident in New York? Straight answers on who is responsible, why a fracture meets the serious injury rule, surgery and hardware, arthritis risk, and what drives settlement value.
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School Bus Accident in New York: What Parents Need to Know in the First Weeks
Your child was hurt in a school bus accident in New York. Who pays the medical bills, who can be held responsible, the 90-day deadline for public districts, and what to do this week.
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Negligent Security Lawsuits in New York: When a Property Owner Pays for a Crime It Didn't Commit
Attacked in an apartment building, parking garage or bar in New York? How a negligent security lawsuit works: foreseeability, the intruder rule, broken locks, and how fault is shared with the attacker.
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Is a Personal Injury Settlement Taxable in New York? The Short Answer, and the Exceptions
Most personal injury settlements for physical injuries are not taxable income. What is excluded, what the IRS can tax (interest, punitive damages, some emotional distress awards), and how New York treats it.
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Injured on the NYC Subway: How Claims Against the Transit Authority Really Work
Hurt in a NYC subway accident: platform gaps, stairs, closing doors, sudden stops or an assault. How claims against the Transit Authority work, the 90-day notice of claim, and what evidence to get fast.
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Slip and Fall on Ice in New York: Who Is Responsible When Winter Puts You on the Ground
Slipped on ice or snow in New York? NYC's snow-clearing deadlines, the storm-in-progress rule, black ice, landlords and businesses, and the evidence that proves a winter fall claim.
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T-Bone Accident Fault in New York: How the Last Three Seconds Decide Who Pays
Who is at fault in a T-bone (side-impact) accident in New York? Right-of-way rules for lights, stop signs and left turns, how fault gets split, and the evidence that settles it.
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Citi Bike Accident in New York City: Who Pays, and What to Do Before You Re-Dock
Hurt on a Citi Bike or e-bike in New York City? Who pays your medical bills, claims against drivers, the City and the bike operator, dooring, potholes, and the deadlines that apply.
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New York Dram Shop Law: When a Bar Has to Pay for What Its Customer Did
New York's Dram Shop Act lets people hurt by a drunk driver or intoxicated person sue the bar or store that unlawfully served them. What you must prove, social hosts, underage drinking, and deadlines.
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Hit by a Car While Walking in Queens? Your Rights as a Pedestrian
A pedestrian hit by a car in Queens has more rights than most people realize. Who pays your medical bills, New York's right-of-way rules, what if you were jaywalking, and the deadlines that matter.
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Bitten by a Friend's or Relative's Dog: Can You Make a Claim Without Ruining the Relationship?
Bitten by a friend's or relative's dog? In almost every case the claim runs against their homeowner's or renter's insurance, not their pocket. A Queens guide.
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Dangerous Dog Proceedings in New York: What Happens to the Dog, and What It Means for Your Claim
Dangerous dog proceedings under Ag & Markets Law 123: what a court can order, the statutory exemptions, and how a finding changes a New York injury claim.
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Dog Bite Infection and Rabies in New York: The Medical Steps That Also Protect Your Claim
Dog bite infection and rabies in New York: wound care, warning signs, the DOHMH bite report and the observation period, and why the record is the claim.
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NYC Leash Laws and Dog Park Bites: What the Rules Actually Mean for Your Claim
NYC leash laws require a six-foot leash. After Flanders v. Goodfellow (2025), a leash violation can be the dog bite claim itself, not merely evidence for it.
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Bitten by a Dog on the Job in New York: Delivery, Postal and Utility Workers
Bitten by a dog on the job in New York? Workers' comp is not the end of it. Delivery, postal and utility workers keep a claim against the dog's owner too.
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Dog Bite Law in New York: What You Have to Prove — A Flushing Guide
New York dog bite law changed in 2025: Flanders v. Goodfellow now allows an ordinary negligence claim against a dog owner, alongside vicious propensity.
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What Is a Dog Bite Claim Worth in New York?
Dog bite settlement amounts in New York turn on two things: the permanence of the scarring and how much liability insurance the owner carries. A Jamaica guide.
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Who Pays for a Dog Bite? Homeowner's and Renter's Insurance in New York
In almost every New York dog bite claim, homeowner's or renter's liability insurance pays — not the owner personally. Coverage, gaps, and Insurance Law 3421.
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When a Child Is Bitten by a Dog in New York: Injuries, Scarring and Deadlines
A child dog bite claim in New York runs three years past the 18th birthday — but a parent's own claim for the medical bills does not. A Bayside, Queens guide.
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Can You Sue the Landlord for a Tenant's Dog Bite in New York?
Landlord liability for a tenant's dog bite in New York takes three elements: notice a dog was harbored, knowledge it was vicious, and control to remove it.
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New York Motorcycle Helmet Law: Requirements, Penalties, and Your Injury Claim
New York requires a helmet for every rider, no exceptions. What the law demands, what a violation costs, and the two ways helmets change an injury claim.
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Injuries From Falling Down Stairs: Common Damage and New York Staircase Liability
When a stair fall is a claim and when it is just a fall: the code violations that decide these cases, the injuries they produce, and the 90-day trap in public housing.
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Hit by an Uninsured Driver in New York? Your SUM Coverage Explained
The driver who hit you has no insurance — or not enough. Where the money actually comes from: your own UM and SUM coverage, MVAIC, and the short deadlines on each.
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Who Is at Fault in a Rear-End Collision in New York?
New York presumes the rear driver was negligent — but the presumption can be rebutted, and the front driver is not always blameless. How fault actually gets decided.
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Bulging Disc Car Accident Settlements in New York: What Drives the Number
Why bulging disc claims are won and lost on causation, the degeneration defense every insurer runs, and what actually drives the settlement value in New York.
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New York Workers' Comp Settlement Calculator: Schedule Loss of Use
New York schedule loss of use awards are set by statute, not negotiation. Calculate yours from the § 15(3) week schedule, your wage and the cap for your date of injury.
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New York Pain and Suffering Calculator: How Damages Are Valued
Most pain and suffering calculators ignore the two New York rules that decide the number: the serious injury threshold and the no-fault offset. This one applies both.
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Form MV-104: The New York Report Drivers Forget to File
New York gives you 10 days to file your own accident report with the DMV, and the police report does not satisfy it. Who has to file, what happens if you do not, and how the form gets used against you later.
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Can You Sue for a Dog Bite in New York? The Law Changed in 2025
For twenty years New York barred negligence claims against dog owners. Flanders v. Goodfellow ended that in April 2025, and dog bite victims now have two routes instead of one.
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Concussion After a Car Accident in New York: The Proof Problem
A concussion rarely shows on a CT or MRI, and New York's serious injury threshold demands objective proof. What actually establishes a mild traumatic brain injury claim, and what quietly destroys one.
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Who Is at Fault in a Parking Lot Accident in New York?
Police often will not respond to a private lot and no ticket is issued, so fault is decided by evidence you have to collect yourself. The right-of-way rules that apply, and why the lot owner may share the blame.
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Light Duty and Work Restrictions in a New York Comp Claim
Refusing light duty can suspend your benefits. Accepting the wrong light duty can end your case. How reduced earnings benefits work in New York, and what to do when the offer does not match your restrictions.
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Do You Need a Lawyer for a Car Accident in New York? An Honest Answer
An honest answer: when a New York car accident claim genuinely needs a lawyer, when it does not, and the deadlines that decide it either way.
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New York Car Seat Laws: Every Age, Weight, and Front-Seat Rule
New York car seat and booster requirements by age and weight, the rear-facing rule, the back seat rule, penalties, and what a violation means for an injury claim.
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Structured Settlement or Lump Sum? How to Choose in New York
A lump sum is yours on day one. A structured settlement pays over years and the growth is tax-free. What actually decides it, and the New York rules on minors and on selling payments later.
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Workers' Comp vs Personal Injury in New York: You May Have Both
Workers' comp pays no matter who was at fault but never pays for pain and suffering. A third-party claim can. How the two run alongside each other, and the consent rule that can cost you your benefits.
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Erb's Palsy Lawsuits in New York: When It Is Malpractice
An Erb's palsy diagnosis is not by itself proof of a delivery error. What a New York claim has to show, the defense that succeeds most often, and the deadline that catches families with a child.
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Herniated Disc Settlement Values in New York Injury Cases
What drives a herniated disc settlement in New York: surgery vs conservative care, the degeneration defense, the serious injury threshold, and policy limits.
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How Long Does a Car Accident Settlement Take in New York?
Most New York car accident settlements take months, not weeks. What sets the pace, which stages you control, and why the fastest offer is usually the worst one.
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Landlord Negligence in New York: When Your Building Owner Is Liable for Your Injury
When a New York landlord is liable for an injury: the notice requirement, the Housing Maintenance Code, out-of-possession owners, and the 90-day NYCHA trap.
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The Most Common Car Accident Injuries — and What Each One Means for a New York Claim
The injuries that most often follow a New York crash, why several appear days later, and which ones tend to clear the serious injury threshold.
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Loss of Consortium in New York: The Claim a Spouse Can Bring
What loss of consortium means in New York, who can bring it, why it is derivative of the injured person's case, and why children and unmarried partners cannot.
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Wrongful Death Lawsuit Payouts in New York: What Families Can Actually Recover
New York wrongful death damages are limited to economic loss, not grief. What the statute allows, the separate survival claim, and the two-year deadline.
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Personal Injury Lawsuit Timeline in New York: Every Stage, Start to Finish
What happens once a New York injury case is actually in suit: pleadings, discovery, depositions, note of issue, mediation and trial — and how long each stage takes.
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The Four Elements of a Premises Liability Claim in New York
Duty, dangerous condition, notice and causation — what a New York premises liability claim has to prove, and which element most cases actually turn on.
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How Long Do You Have to File an Injury Claim in New York?
A New York injury attorney explains the deadlines: three years under CPLR 214, 90 days for a Notice of Claim against the City or MTA, and the exceptions that change both.
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What Is My Personal Injury Case Worth in New York?
What actually determines the value of a New York injury claim — the serious injury threshold, comparative negligence, available insurance, and why early numbers mislead.
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What to Do After a Car Accident in New York
A Queens personal injury attorney explains the steps to take after a car accident in Queens, NY — from the scene to the 30-day no-fault deadline. Free consultation.
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Who Pays Your Medical Bills After a Car Accident in New York?
How New York no-fault works: the $50,000 basic limit, the 30-day NF-2 deadline, what happens when benefits are cut off, and what no-fault does not cover.
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Wrongful Death Claims in New York After the Fourth Grieving Families Act Veto
After a fourth veto of the Grieving Families Act, New York wrongful death law still limits families to pecuniary loss. What that means, and the two-year deadline.
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New York's Scaffold Law: How Labor Law § 240(1) Protects Injured Construction Workers
New York's Labor Law 240(1) imposes absolute liability on owners and contractors for gravity-related construction injuries. Who can claim, and what it covers.
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Who Pays for a Sidewalk Slip and Fall in NYC? Administrative Code § 7-210, Explained
NYC shifted sidewalk liability from the City to abutting property owners in 2003 — with one big exception. Who is responsible for your slip and fall, and the 90-day trap.
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No-Fault Insurance in NY: What It Covers, What It Does Not, and the 30-Day Trap
How no-fault insurance works in New York: what it pays, the $50,000 basic limit, the 30-day NF-2 deadline, and the serious injury threshold that lets you sue.
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Have a question we have not covered?
Our FAQs page answers twenty-five of the questions we hear most, and the guides go deeper on comparative negligence and contingency fees. If yours is not there, ask us — the consultation is free.