Pedestrian Accident Lawyer in Brooklyn, NY

Ask a Brooklyn attorney where the case will be filed and how they plan to handle the no-fault paperwork, and you will learn a great deal in about two minutes.

Here is why. A pedestrian hit by a car in New York claims no-fault benefits from the striking vehicle's insurer under Insurance Law § 5103 — $50,000 covering medical treatment and lost wages, regardless of who caused the crash. The NF-2 application must be submitted within 30 days. That single deadline causes more avoidable damage than almost anything else in these cases.

Brooklyn's geography shapes the rest. Atlantic Avenue, Flatbush Avenue, Eastern Parkway, Coney Island Avenue and the approaches to the bridges combine wide crossings with turning traffic, and a meaningful share of claims here involve a bus, a delivery vehicle, or a City-owned truck. The moment a public entity is on the other side, the schedule changes completely:

• Notice of claim within 90 days — General Municipal Law § 50-e
• A § 50-h hearing, where you testify under oath before suit is even filed
• Suit within one year and 90 days

Against a private driver the deadline is the ordinary three years (CPLR 214), two years for wrongful death. Cases are filed in Supreme Court, Kings County, 360 Adams Street.

Two other things worth raising at the first meeting. First, the serious injury threshold in Insurance Law § 5102(d) — fracture, significant disfigurement, permanent consequential limitation, or a 90/180-day disability — gates any recovery for pain and suffering, and the medical proof for it has to be built from the beginning. Second, if the police report suggests you were outside the crosswalk, that is not the end of the claim; New York applies pure comparative negligence under CPLR 1411. General information, not legal advice.

There is no fee to start and no hourly billing. New York injury attorneys are paid on contingency — a share of the recovery, nothing if the case does not recover. One-third of the net recovery is the customary arrangement, confirmed in a written retainer signed at the outset.

The variables that matter:

• Pre-suit settlement versus discovery versus trial
• Case expenses — reconstruction experts, treating physician narratives, deposition transcripts, filing fees — and the order in which expenses and fee are deducted
• Lien repayment to no-fault, private health insurance, Medicare or Medicaid
• The driver's policy limits, and whether a SUM claim against your own or a household policy is needed
• Whether the defendant is the City, the MTA or the New York City Transit Authority, which adds procedural steps

Any settlement involving a minor requires court approval, including approval of the attorney's fee. Ask for the fee structure in writing and read the expense clause — that is where two otherwise identical retainers differ. Our consultation and referral are free.

Because the two things that decide these cases — fast evidence preservation and correct early paperwork — both happen in the first month, long before anyone is thinking about a settlement.

• Free consultation; the referral costs you nothing.
• Available 24/7 at (800) 669-0060.
• English, Spanish, and Russian.
• Over 30 years connecting injured people with attorneys in New York and New Jersey.
• Local case experience in Kings County.
• Continued involvement after the introduction.

Attorneys in Michael Brook's network consistently emphasize the same practical step in Brooklyn cases: identify every camera within sight of the crossing — bodega, bank, bus, MTA — within days, because most systems overwrite in one to two weeks.

Disclaimer: Michael Brook Attorney Referral is not a law firm and provides no legal representation or legal advice. This is general information and does not replace advice from a licensed attorney about your specific situation. No result is guaranteed.