Dedicated Representation for Serious Car Accident Injuries Across New York
If you or someone you love has been injured in a car accident in New York, Bornstein & Emanuel, P.C. is ready to fight for the full compensation you deserve. Our firm has focused exclusively on personal injury law since 1992. We have recovered millions of dollars for accident victims throughout Nassau County, Queens, Brooklyn, Manhattan, the Bronx, Westchester, and Suffolk County. As your New York car accident attorneys, we handle every detail of your claim, from filing your no-fault application to negotiating with insurance companies and taking your case to trial when a fair settlement is not offered. Contact us today for a free consultation. ¡Hablamos Español!
Why Choose Bornstein & Emanuel, P.C.?
Choosing the right attorney after a car accident can shape the outcome of your entire case. At Bornstein & Emanuel, P.C., we combine over three decades of personal injury experience with the kind of personal attention that larger firms simply cannot provide. Here is what sets us apart:
- Exclusive focus on personal injury law since 1992
- Kenneth Bornstein featured in the NY Law Journal for one of the highest verdicts in New York County
- Anthony J. Emanuel honored as a Super Lawyers selectee with millions recovered for clients
- We take difficult cases that other firms turn away
- Contingency fee representation, so you never pay unless we recover for you
- Spanish-speaking staff to serve our diverse community
- Available 24/7 to answer questions and provide updates on your case
We understand the financial pressure that comes with mounting medical bills and lost income. Our team works to ease that burden while aggressively pursuing every dollar you are owed.
How Does New York’s No-Fault Insurance System Affect My Car Accident Claim?
New York’s insurance laws are built around a no-fault system. After a motor vehicle accident, each person involved must first turn to their own insurance company for compensation, regardless of who was at fault. Vehicle owners in New York are required to maintain certain minimum levels of car insurance coverage, including $50,000 in no-fault (personal injury protection) coverage.
Your no-fault or PIP benefits will typically cover reasonable and necessary medical expenses, lost wages, and certain out-of-pocket costs. Specifically, PIP covers 80 percent of lost work income, up to $2,000 per month, for up to three years from the accident. It also covers up to $25 a day for up to a year for necessary expenses like household help and transportation to medical appointments. However, with a no-fault claim, you cannot get compensation for your pain and suffering and other non-monetary damages stemming from the accident.
Filing Your No-Fault Claim on Time
Anyone whose car accident injuries might be covered by a no-fault/PIP policy in New York must report the accident in writing to the insurance company no more than 30 days after the date of the accident. Missing this deadline can jeopardize your benefits. Our team ensures every filing is submitted accurately and on time so you can focus on your recovery.
When Can I Sue the At-Fault Driver for Additional Compensation?
New York’s no-fault system does not prevent you from pursuing a lawsuit in every situation. To file a lawsuit after a car accident, you must meet the New York serious injury threshold or have a basic economic loss exceeding $50,000.
Under New York Insurance Law Section 5102(d), a “serious injury” includes:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus
- Permanent loss of use of a body organ or system
- Permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system
- A medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days following the accident
If your injuries meet this threshold, you can hold the at-fault driver responsible through a third-party insurance claim or personal injury lawsuit. You may be entitled to compensation for pain and suffering, emotional distress, and all financial losses. Proving that your injuries qualify requires thorough medical documentation, which is why working with an experienced attorney from the start is so important.
What Compensation Can I Recover After a Car Accident?
Car accident victims in New York may be entitled to recover both economic and non-economic damages. Economic damages cover the measurable financial losses related to the accident, while non-economic damages address the broader impact the injuries have on your daily life. Depending on your case, recoverable damages may include:
- Current and future medical expenses, including surgery, rehabilitation, and prescription medications
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Wrongful death damages if a loved one was killed in the crash
We retain expert medical professionals, economists, and accident reconstruction specialists to accurately calculate the full value of your claim. Insurance companies routinely undervalue car accident injuries, and having a firm with a proven trial record on your side sends a clear message that you will not accept less than what your case is worth.
What Are Common Causes of Car Accidents in New York?
New York’s densely populated roads create conditions where negligent driving can lead to devastating collisions. In 2025, New York City recorded 205 traffic fatalities, a 19 percent decline from the 253 fatalities recorded in 2024. Despite improvements, tens of thousands of people continue to be injured in car crashes each year across the metropolitan area.
Common causes of car accidents include:
- Distracted driving, including texting and phone use behind the wheel
- Speeding and aggressive driving
- Drunk or impaired driving
- Failure to yield the right of way
- Tailgating and unsafe lane changes
- Running red lights or stop signs
Whether your crash occurred on the Long Island Expressway, a busy Queens intersection, or a residential street in Garden City, our attorneys investigate every contributing factor to build the strongest possible claim.
How Long Do I Have to File a Car Accident Lawsuit in New York?
Understanding New York’s filing deadlines is critical to protecting your right to compensation. The statute of limitations for personal injury claims is outlined in New York Civil Practice Law and Rules (CPLR) Section 214, which stipulates that individuals have three years from the date of the incident to file a lawsuit. For wrongful death, family members have two years from the date of death to bring an action.
If a government vehicle or municipal entity was involved, even shorter deadlines apply. Under New York General Municipal Law Section 50-e, a notice of claim must be served within 90 days after the claim arises. The lawsuit itself must generally be commenced within one year and 90 days. These strict deadlines make it essential to speak with an attorney as soon as possible after your accident.
What to Expect When You Work With Our Firm
From the moment you contact Bornstein & Emanuel, P.C., we take immediate action to protect your rights and build your case. You can expect a clear, straightforward process throughout every stage of your claim.
First, we offer a free initial consultation to evaluate your case and explain your legal options. We then conduct a comprehensive investigation, gathering police reports, medical records, witness statements, and any available camera footage. Throughout the process, we handle all communications with the insurance companies so you are never pressured into accepting a lowball offer. If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to trial.
Our attorneys have achieved some of the top verdicts in New York, including the highest verdict in Westchester County in 2018. That track record gives us significant leverage at the negotiating table.
Injured in a Car Accident? Contact Our New York Car Accident Lawyers Today.
If you have been hurt in a car accident caused by someone else’s negligence, do not wait to get legal help. The filing deadlines in New York can be unforgiving, and evidence can disappear quickly. At Bornstein & Emanuel, P.C., we offer free consultations on a contingency fee basis, meaning you never pay a fee unless we recover compensation for you. Contact our Garden City office today to schedule a free consultation.
How much does a car accident lawyer cost in New York?
Most personal injury attorneys in New York, including our firm, work on a contingency fee basis. This means you pay no upfront costs and no legal fees unless we successfully recover compensation for you. The fee is typically a percentage of the settlement or verdict, which we discuss transparently during your free consultation.
Can I still recover compensation if I was partially at fault for the accident?
Yes. New York CPLR Section 1411 stipulates pure comparative negligence, meaning that an injured party is entitled to compensation even if he or she is responsible for the accident to a large extent. However, your total recovery will be reduced by your percentage of fault. For example, if you are found 20 percent at fault and your damages total $100,000, you would receive $80,000.
What should I do immediately after a car accident in New York?
Your first priority should be getting medical attention, even if you feel fine. Some injuries, like whiplash or internal trauma, may not produce symptoms right away. Beyond medical care, try to document the scene with photos, collect contact and insurance information from all involved drivers, and obtain a copy of the police report. Avoid admitting fault or giving recorded statements to any insurance company before speaking with an attorney.
