Winkler Kurtz Welcomes Rachel J. Aloni

A 30-year family law veteran and Certified Mediator has joined our team as Partner, strengthening our Divorce, Family Law & Matrimonial Mediation practice.

A straightforward car accident claim in New York can settle in a few months, while a serious or disputed case often takes one to three years. The timeline depends on how long your medical treatment lasts, whether liability is contested, the severity of your injuries, and whether a lawsuit has to be filed. Settling too early, before your injuries are fully understood, is usually a mistake.

Because New York is a no-fault state, you can only sue the at-fault driver for pain and suffering if your injury meets the "serious injury" threshold defined in Insurance Law 5102(d). That law lists specific categories, such as a bone fracture, significant disfigurement, or a permanent or significant limitation of a body part. If your injury qualifies, you can step outside no-fault and pursue a full injury claim.

New York quietly rewrote the rules on fault and injury claims for car accidents in 2026. If you were partly at fault, or your injury doesn't involve a fracture, the rules that decide whether you can sue just changed — here's what you need to know.

One note: this reform (Bill A10008) is only about two months old and legal commentators, including defense firms, have flagged real ambiguity in how it applies to multi-vehicle crashes — I've hedged the language accordingly rather than overstating certainty. Also worth double-checking your Squarespace phone number/contact-us link still match before publishing.

New York gives most injury victims three years to file a lawsuit — but claims against the government, medical malpractice, and wrongful death cases run on much shorter clocks. Here's how to know which deadline applies to you.

Wondering how much your personal injury case is worth? Learn how settlements are calculated — economic damages, pain and suffering multipliers, and what insurance companies don't want you to know before you sign.

Most people search "what to do after an accident" while sitting in their car, shaking, or lying in a hospital bed. The steps you take in the first 24 hours don't just affect your recovery — they determine whether you have a strong personal injury case or one the insurance company can easily pick apart. Our personal injury attorneys walk you through exactly what to do, in the right order, so you don't make a costly mistake when it matters most.

The insurance company called. They have an offer. Before you say yes, read this.

In New York, the first settlement offer is almost never the right one. Insurance adjusters are trained to settle fast and low — and most injury victims have no idea what their claim is actually worth. In this post, we break down how personal injury negotiations work in New York, what you're entitled to recover, and the deadlines that can quietly kill your case if you miss them.