ATTORNEY ADVERTISING
Serving New York State · Since 1997
Serious injury claims across New York State — car and truck collisions, construction falls, premises liability, and wrongful death.
An injury that was not your fault reshapes ordinary life fast. Treatment appointments stack up, a paycheck stops arriving, and an insurance adjuster calls before you have a diagnosis. New York's injury laws give you real tools to respond — but those tools come with deadlines, threshold tests, and notice requirements that are unforgiving when missed.
Law Offices Of SRIS, P.C. has represented clients since 1997 and maintains a location in Buffalo along with locations in Virginia, Maryland, New Jersey and Washington, D.C. Our New York injury work covers negligence claims across the state: collisions, construction site falls, defective premises, and claims brought by the estates of people killed by another party's carelessness.
We cannot promise an outcome. What we can describe is a method: build the record early, apply the specific New York statute that fits the facts, and document damages in a way an adjuster or a jury can follow.
Statutes of limitations
New York sets different clocks for different claims. These are the general rules; exceptions and tolling provisions exist, and only a review of your own facts will confirm which deadline governs.
| Claim type | Governing rule | General deadline |
|---|---|---|
| Negligence — personal injury | CPLR § 214(5) | Three years from the date of injury |
| Medical, dental or podiatric malpractice | CPLR § 214-a | Two years and six months (limited discovery rule for certain cancer misdiagnoses) |
| Wrongful death | EPTL § 5-4.1 | Two years from the date of death |
| Claim against a city, county, or public authority | Gen. Mun. Law §§ 50-e, 50-i | Notice of Claim within ninety days; suit generally within one year and ninety days |
| No-Fault benefits — written notice to insurer | 11 NYCRR § 65-1.1 | Thirty days from the accident |
| No-Fault benefits — medical bills submitted | 11 NYCRR § 65-1.1 | Forty-five days from the date of service |
If a public entity may be responsible — the City of New York, the MTA, a school district, a housing authority — the ninety-day notice period is the first thing to protect. Speak with counsel promptly.
How liability is decided
Under CPLR § 1411, being partly responsible does not end a claim in New York. A damages award is reduced by the percentage of fault assigned to the injured person. A finding that the injured person was thirty percent at fault reduces the award proportionally; it does not eliminate the claim.
After most motor vehicle collisions, your own policy pays initial medical expenses and a portion of lost earnings regardless of fault, under Insurance Law Article 51. To sue the at-fault driver for pain and suffering, the injury must qualify as a “serious injury” under Insurance Law § 5102(d) — categories that include fracture, significant disfigurement, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and the ninety-out-of-one-hundred-eighty-day category. Meeting that threshold is proved with medical evidence, not argument.
Labor Law § 240(1), often called the Scaffold Law, places responsibility on owners and general contractors for elevation-related risks when adequate safety devices are not furnished. Labor Law § 241(6) ties liability to specific Industrial Code violations, and § 200 codifies the common-law duty to provide a safe workplace. These third-party claims are separate from workers' compensation benefits and can reach categories of damages that compensation does not cover.
New York City Administrative Code § 7-210 shifts sidewalk maintenance liability to the abutting property owner for most properties, while the City retains responsibility for one-, two- and three-family owner-occupied residential properties. Roadway and certain other claims against the City still run through the prior written notice requirement in Administrative Code § 7-201(c). Which rule applies depends on the property and the defect — a point worth checking before assuming a claim is barred.
Who handles New York matters
Owner and Founder of Law Offices Of SRIS, P.C., established in 1997. Former prosecutor. New York matters are handled under his supervision, and he is the attorney responsible for this advertising.
Bar admissions
Many claims resolve by settlement. Preparation is done on the assumption a case may not.
Practice areas
01
Passenger vehicles, rideshare and livery vehicles, motorcycles, pedestrian and bicycle strikes. Work includes the No-Fault application, the serious-injury proof, and identifying every available layer of coverage, including supplementary underinsured motorist coverage.
02
Claims involving interstate carriers bring federal safety regulations, electronic logging data, driver qualification files, and multiple potentially responsible entities. Evidence preservation letters are prioritized because carrier records have short retention periods.
03
Falls from ladders, scaffolds and openings; falling object strikes; trench and excavation incidents; injuries traced to Industrial Code violations. Third-party claims are coordinated with any pending workers' compensation matter.
04
Sidewalk defects, stairwell and lighting hazards, snow and ice conditions, and inadequate building security. Notice — actual or constructive — is usually the contested element, so early investigation matters.
05
Surgical error, delayed or missed diagnosis, birth-related injury, medication error. New York requires a certificate of merit under CPLR § 3012-a, supported by review from a qualified medical professional, before most of these actions proceed.
06
Brought by the personal representative appointed by Surrogate's Court on behalf of the distributees. Recoverable losses are defined by EPTL § 5-4.3 and are calculated differently from a survival claim for the decedent's own pain and suffering.
The process
Eight steps, from the first phone call to mediation or trial. Nothing confidential is discussed before a conflicts check.
Intake and conflict check. We collect the basic facts and screen for conflicts before any confidential detail is discussed.
Case assessment. A lawyer reviews the incident, the injuries, the available insurance, and the applicable deadline, then explains whether the firm can take the matter.
Written engagement. If the firm takes the case, you receive a written retainer and, where 22 NYCRR Part 1215 applies, a letter of engagement stating scope and fees before work begins.
Investigation. Records, reports, scene documentation, witness statements, and preservation notices for footage or data likely to be overwritten.
Treatment tracking and damages build-out. Medical records, wage documentation, and where the injury is permanent, professional input on future care and lost earning capacity.
Demand and negotiation. A documented demand package to the carrier, followed by negotiation.
Suit, discovery, and depositions if negotiation does not produce a reasonable offer.
Mediation or trial. Many cases resolve before verdict; preparation is done on the assumption a case may not.
Glossary
Questions
Most New York personal injury actions are filed in the Supreme Court of the county where the incident occurred or where a party resides. Claims against the State of New York itself are brought in the Court of Claims, which has separate filing rules and deadlines.
No. CPLR § 214(5) sets three years for most negligence claims, but medical malpractice runs two years and six months under CPLR § 214-a, wrongful death runs two years from the date of death under EPTL § 5-4.1, and claims against public entities generally require a Notice of Claim within ninety days under General Municipal Law § 50-e.
Speak with a lawyer first. A recorded statement given before a full diagnosis can later be used to argue that injuries were minor or unrelated to the collision.
Possibly. Workers' compensation does not compensate pain and suffering, and a third-party claim may exist against a property owner, general contractor or equipment supplier alongside the compensation claim, including claims under New York Labor Law §§ 240(1) and 241(6).
Serious injury is a defined statutory term under New York Insurance Law § 5102(d). Its categories include death, dismemberment, significant disfigurement, fracture, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function or system, and the ninety-out-of-one-hundred-eighty-day category. Whether an injury qualifies is proved with medical evidence.
Compensation for physical injury is generally excluded from federal taxable income under 26 U.S.C. § 104(a)(2), while recovery for lost wages and punitive damages may be taxable. Confirm your own position with a tax professional.
Many cases resolve through negotiation or mediation. If a case is litigated, the injured person attends a deposition and, if the matter reaches trial, testifies. Your lawyer prepares you for both.
Yes. New York applies pure comparative fault under CPLR § 1411. A damages award is reduced by the injured person's percentage of fault rather than barred.
Most matters are handled on a contingency basis, meaning no attorney fee is charged if there is no recovery. Case expenses such as filing fees, records charges and deposition transcripts are separate from the attorney fee, and the written retainer states whether the percentage is calculated before or after those expenses are deducted. Medical, dental and podiatric malpractice recoveries follow the statutory sliding scale set by Judiciary Law § 474-a.
Contact
Request a case assessment using the form on this page or call the number below. Tell us what happened, when it happened, and what treatment you have had so far.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400 (Office No. 142)
Buffalo, NY 14202
New York matters are handled under the supervision of Atchuthan Sriskandarajah, Esq., who is admitted in New York.
Attorney Advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. The information on this website is general information about New York law and is not legal advice for any specific matter. Viewing this site, sending a message through this site, or calling the firm does not create an attorney-client relationship. An attorney-client relationship is formed only by a written agreement signed by both you and the firm. Do not send confidential information through this website until a conflicts check is completed and a written engagement is in place.
Attorney responsible for this advertising: Atchuthan Sriskandarajah, Esq., admitted in New York, New Jersey, Virginia, Maryland and the District of Columbia. Law Offices Of SRIS, P.C., 50 Fountain Plaza, Suite 1400, Buffalo, NY 14202. Telephone (888) 437-7747.
