General Questions About Personal Injury Cases
How much does it cost to hire a personal injury lawyer?
Nothing upfront. Linden Law works on a contingency fee basis — you pay nothing unless we win your case. Our fee is a percentage of your recovery. If we don't win, you owe us nothing.
How long do I have to file a personal injury lawsuit in New York?
Most personal injury cases in New York have a 3-year statute of limitations from the date of injury. However, claims against New York City government entities — including the MTA, NYPD, or city-owned property — require a Notice of Claim filed within 90 days. Missing this deadline can permanently bar your claim. Call us immediately if a government agency may be involved.
What is my personal injury case worth?
Every case is different. Compensation depends on your medical expenses, lost wages, pain and suffering, and the permanency of your injury. Cases with serious, documented injuries and clear liability have the highest value. At Linden Law, we build the full picture of your damages — not just what the insurance company thinks your case is worth.
How long does a personal injury case take?
Many cases settle within 12 to 18 months. Cases that go to trial can take 2 to 4 years. At Linden Law, we move aggressively — we don't let cases sit. That said, we never rush a settlement that doesn't fully compensate you.
What should I do after an accident in New York?
First, seek medical attention immediately — even if you feel fine. Second, document the scene with photos and collect witness contact information. Third, do not speak to the other party's insurance company without an attorney. Fourth, call Linden Law for a free consultation.
Can I still recover if I was partially at fault?
Yes. New York follows pure comparative negligence — you can recover damages even if you were partially at fault. Your recovery is reduced by your percentage of fault. For example, if you were 20% at fault for a $100,000 injury, you can still recover $80,000.
Accident-Specific Questions
What should I do if I was hit by a car while walking in New York City?
If you were struck by a vehicle as a pedestrian, call 911 immediately and seek medical attention. Photograph the scene and the vehicle if you are able. Under New York's No-Fault law, you are entitled to medical coverage regardless of fault. You may also have a claim against the driver for pain and suffering. Pedestrian knockdown cases are among the most serious injuries we handle.
How much is a pedestrian accident settlement worth in New York?
Pedestrian accident settlements in New York vary based on injury severity, medical costs, lost wages, and long-term impact. Cases involving broken bones, spinal injuries, traumatic brain injury, or surgery typically result in six or seven-figure settlements. Linden Law has recovered millions of dollars for pedestrian accident victims throughout New York City.
What should I do if a family member was killed in an accident in New York?
If a family member was killed due to someone else's negligence, you may have a wrongful death claim. In New York, eligible family members including spouses, children, and parents may recover economic damages (lost financial support) and funeral expenses. There is a 2-year statute of limitations for wrongful death claims. Contact Linden Law for a confidential, compassionate consultation.
Can I sue if I was injured at a construction site in New York?
Yes. New York Labor Law Sections 240 and 241 provide powerful protections for construction workers injured on the job. Under Labor Law 240 (the Scaffold Law), property owners and general contractors are strictly liable for gravity-related injuries from falls or falling objects — even if the worker was partially at fault. These cases often result in significant compensation.
Working With Linden Law
What is a contingency fee?
A contingency fee means you pay your attorney nothing unless your case is won or settled. At Linden Law, our fee is a percentage of your recovery — typically one-third. There are no upfront costs, no hourly rates, and no charge if we lose. This makes quality legal representation accessible to everyone, regardless of financial situation.
What types of damages can I recover in a New York personal injury case?
In New York, injured victims can recover economic damages (medical bills, lost wages, future care costs) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In some cases involving serious injuries, future damages can be the largest component of a settlement or verdict.
Do I need a police report to file a personal injury claim?
A police report is not strictly required, but it is extremely helpful. It documents the scene, records statements, and establishes an official record. If a report was not made, your attorney can still build a strong case using medical records, witness statements, photos, and surveillance footage.
What is New York's pure comparative negligence rule?
New York uses a pure comparative negligence system, which means your compensation is reduced by your percentage of fault — but you can still recover even if you were 99% at fault. Insurance companies often try to inflate your share of fault to reduce their payout. An experienced attorney can counter these tactics effectively.
What is a Notice of Claim and when do I need to file one?
A Notice of Claim is a formal legal notice required when your injury was caused by a New York City government entity — including the MTA, NYPD, DSNY, or a city-owned property. It must be filed within 90 days of the accident. Missing this deadline typically bars your claim permanently. Contact an attorney immediately if any city agency may be involved.