Most people who get hurt in Queens have never dealt with an injury claim before. That’s exactly what the other side counts on. Between what friends say, what the internet says, and what an adjuster says in a friendly phone call, it’s easy to walk away believing things that simply aren’t true under New York law. Yakov Mushiyev & Associates, P.C. is a Rosedale-based firm, and our work as a Personal Injury Lawyer in Queens often begins by correcting those beliefs, because a wrong assumption in the first few weeks can quietly cost a person their claim.
Below, we take the most common misconceptions one at a time, explain what the law actually says, and show how we help. If you’d rather start with a practical, neighbor-to-neighbor overview, see our guide to working with a personal injury lawyer in Queens.
Who We Are and How a Personal Injury Lawyer in Queens Helps
We represent people hurt in car, truck, and bus crashes, pedestrian and bicycle collisions, falls on sidewalks and in stores, construction accidents, and other incidents caused by someone else’s carelessness. From our office at 1 Cross Island Plaza in Rosedale, we work with clients throughout the borough, from Long Island City to Far Rockaway.
What we bring is less about slogans and more about structure:
- A clear map of the deadlines that apply to your specific case.
- An early investigation, including requests to preserve video and records.
- Help with no-fault, workers’ compensation, and health insurance paperwork.
- Careful documentation of injuries, treatment, lost income, and daily limitations.
- Negotiation backed by readiness to file in court when it’s needed.
Our practice areas page lists the kinds of cases we handle. Now let’s clear up the misconceptions.
“Everyone Gets Three Years to Sue” — Only Sometimes
What the insurer hopes you believe: There’s plenty of time, so there’s no reason to rush.
What’s actually true: New York’s general statute of limitations for personal injury is three years under CPLR 214(5). But many cases have much shorter deadlines:
- Claims against New York City, its agencies, NYC Transit, and many public authorities generally require a Notice of Claim within 90 days under General Municipal Law §50-e, with a lawsuit generally due within one year and 90 days. That covers things like crashes with city vehicles, MTA buses, and some sidewalk and roadway defects.
- Wrongful death claims generally must be brought within two years of the death.
- No-fault applications after a motor vehicle crash are generally due within 30 days.
- Accident reports to the DMV on form MV-104 are due within 10 days when someone is injured or killed or property damage exceeds $1,000.
The wrong assumption about which deadline applies is one of the most common, and most avoidable, ways claims are lost.
“If I Was Partly at Fault, I Can’t Recover” — Not Usually
What the insurer hopes you believe: Since you were a little careless too, you might as well not bother.
What’s actually true: New York uses comparative fault. For most cases, including slip and falls, construction accidents, and other premises claims, the state follows pure comparative fault: your recovery is reduced by your percentage of fault, but not eliminated, even if your share is large. Motor vehicle cases now work differently.
2026 update: For motor-vehicle personal injury actions commenced on or after May 26, 2026, the amended CPLR 1411 applies modified comparative fault. A claimant whose fault is greater than the defendants’ combined fault (more than 50 percent) recovers nothing; at 50 percent or less, recovery is reduced by the claimant’s share. Premises, construction, and other non-motor-vehicle cases remain under pure comparative fault, and wrongful death actions are reported to remain under pure comparative fault as well. The 2026 law also removed the “90/180-day” category from the serious injury definition.
In practice, fault percentages are negotiated and argued, not handed down. Evidence about speed, sight lines, lighting, warnings, and what each person was doing can shift those numbers significantly.
“The City Owns the Sidewalk, So the City Pays for My Fall” — Often Wrong
What people assume: A broken public sidewalk is the City’s responsibility.
What’s actually true: Under New York City Administrative Code §7-210, the owner of the property next to a sidewalk is generally responsible for keeping it reasonably safe and can be liable for injuries caused by failing to do so. There is an important exception: owner-occupied one-, two-, and three-family homes. In front of those homes, the City generally remains responsible, but claims against the City are subject to prior written notice rules under Administrative Code §7-201 as well as the 90-day Notice of Claim requirement. Who to pursue, and how fast, depends on the specific address.
“If I Fall in a Store, the Store Automatically Pays” — Not Automatically
What people assume: Getting hurt on someone’s property means they owe you.
What’s actually true: Property owners in New York must keep their premises reasonably safe, but an injured person typically must show that the owner created the dangerous condition or had actual or constructive notice of it, meaning it existed long enough that the owner should have found and fixed it. That’s why photos of the hazard, the names of employees and witnesses, incident reports, and surveillance video matter so much, and why they need to be requested quickly.
“Workers’ Comp Is All You Get After a Construction Accident” — Frequently False
What people assume: If you were hurt on the job, workers’ compensation is the end of the story.
What’s actually true: Workers’ compensation generally bars a lawsuit against your own employer, except for certain “grave injuries.” But construction workers in New York often have additional claims against property owners, general contractors, and other contractors. Labor Law §240(1), often called the Scaffold Law, places liability on owners and contractors for certain gravity-related accidents, such as falls from heights and falling objects, when proper protection wasn’t provided. Labor Law §241(6) covers violations of specific Industrial Code rules, and §200 addresses general workplace safety. One- and two-family homeowners who don’t direct the work are generally exempt from §§240 and 241. Third-party claims against negligent drivers and other companies can also exist alongside workers’ compensation.
“No-Fault Means You Can’t Sue the Other Driver” — Half True
What the insurer hopes you believe: New York is a no-fault state, so your own insurance pays and that’s that.
What’s actually true: No-fault generally pays basic economic loss up to $50,000 per person regardless of fault: medical bills, 80 percent of lost earnings up to $2,000 a month, and up to $25 a day for other reasonable expenses. You can still pursue the at-fault driver for economic losses above what no-fault pays. To recover for pain and suffering, you must show a “serious injury” as defined in Insurance Law §5102(d), which includes a fracture, significant disfigurement, permanent loss of use of a body part, a permanent consequential or significant limitation, and death, among other categories.
A few other no-fault facts surprise people. Pedestrians and bicyclists struck by a car generally claim no-fault through the vehicle’s insurer. Motorcycle operators and passengers are not covered by New York no-fault. And after a hit-and-run or a crash with an uninsured driver, MVAIC may apply when there’s no other coverage, but its notice requirements are strict. For more on motor vehicle claims, see our page on auto accident claims in Queens.
“A Rideshare Crash Is Uber’s Problem, Not Mine” — It’s Still Your Claim
What people assume: If you were hurt in an Uber or Lyft, the company will take care of it.
What’s actually true: Rideshare drivers and yellow cabs in New York City are TLC-licensed and must carry commercial insurance, but you still need to file for no-fault benefits on time, usually through the policy on the vehicle you were riding in. Any claim for pain and suffering or excess economic loss is made against whichever driver or company caused the crash, and that insurer’s interests are not the same as yours. Our page on Uber accident claims in Queens walks through how those cases typically unfold.
“A Strong Case Gets a Fair Offer Without a Lawyer” — Rarely How It Works
What the insurer hopes you believe: If the facts are clearly on your side, the insurance company will treat you fairly.
What’s actually true: Insurers evaluate claims based on what is documented and how much risk a case poses if it goes to court. An unrepresented person often lacks the medical documentation, wage records, and liability evidence that drive value, and may not know which damages are available. Early offers frequently arrive before the full extent of an injury is known, and accepting one generally means signing a release that ends the claim. We can’t promise any outcome, but we can make sure the claim is presented completely.
“Talking to the Adjuster Will Speed Things Up” — It Can Slow You Down
What the insurer hopes you believe: A quick recorded statement will get your claim moving.
What’s actually true: You must cooperate with your own insurer for benefits like no-fault, but you generally have no obligation to give a recorded statement to the other side’s insurer. Statements given while you’re injured, medicated, or unsure of details are often used later to dispute fault or minimize injuries. The same caution applies to broad medical authorizations. Let your lawyer handle those communications.
“I’m Not Hurt Badly Enough to Call a Lawyer” — Let Someone Check
What people assume: Lawyers are only for catastrophic injuries.
What’s actually true: Many injuries that seem minor, like a sore neck, a twisted knee, or a bump on the head, turn out to involve damage that needs months of treatment or surgery. And regardless of severity, the deadlines discussed above apply. A short consultation can clarify whether you have a claim, which deadlines are running, and what you should do now. Our frequently asked questions page answers many of the general questions people have before calling.
| Misconception | Reality in New York |
|---|---|
| Everyone has three years | City and public authority claims generally need notice within 90 days; wrongful death is generally two years |
| Partial fault bars recovery | Pure comparative fault for most cases; modified rule for motor-vehicle actions commenced on or after May 26, 2026 |
| The City pays for all sidewalk falls | Abutting owners are generally responsible, except owner-occupied 1–3 family homes |
| Workers’ comp is the only remedy | Labor Law and third-party claims may also apply |
| No-fault bars lawsuits | Excess economic loss and serious-injury claims can still be pursued |
Three Queens Landmarks Our Clients Pass Every Day
Injuries happen in the places where life happens. These three landmarks sit in some of the busiest parts of the borough, each with its own safety story.
The Ralph Bunche House in Kew Gardens
The Ralph Bunche House is a Tudor-style home on a quiet residential street in Kew Gardens, designated a New York City landmark and a National Historic Landmark for its association with the Nobel Peace Prize-winning diplomat who lived there. Just blocks away, the neighborhood meets some of the most complex traffic in Queens: Queens Boulevard, Union Turnpike, and the Kew Gardens Interchange, where the Van Wyck Expressway, the Grand Central Parkway, and the Jackie Robinson Parkway converge. Queens Borough Hall and a major courthouse sit along Queens Boulevard nearby, adding foot traffic. Pedestrians crossing the wide boulevard need to use signals and watch for turning vehicles.
Flushing’s Main Street
Main Street in downtown Flushing is one of the busiest commercial strips in New York City, lined with restaurants, bakeries, markets, and shops. The 7 train ends at Main Street and Roosevelt Avenue, the Long Island Rail Road stops nearby, and dozens of bus routes converge, so the sidewalks are crowded from morning to night. That density brings risk: pedestrians knocked down by turning cars, cyclists squeezing between buses, and trip-and-fall injuries on worn or obstructed sidewalks outside storefronts. Under New York City rules, many of those sidewalk claims run against the abutting property owner, so knowing the exact address matters.
The New York Hall of Science
The New York Hall of Science is a hands-on science museum in Flushing Meadows Corona Park, built for the 1964 World’s Fair and known for its interactive exhibits and outdoor displays. School groups and families visit year-round, many arriving by bus or car via the Grand Central Parkway, the Long Island Expressway, and 111th Street in Corona. Parking areas, bus drop-offs, and crowded crosswalks near the park’s edge create pedestrian risks, especially for children. On busy weekend days, slow driving and careful supervision near the entrances go a long way.
Directions to Our Rosedale Office from the Ralph Bunche House in Kew Gardens
From the Ralph Bunche House in Kew Gardens, head to the nearby Kew Gardens Interchange and take the Van Wyck Expressway south toward JFK Airport. Pick up the Belt Parkway eastbound toward the Cross Island Parkway and exit toward Brookville Boulevard in Rosedale. Our office is at 1 Cross Island Plaza, Suite 325.
More Questions Queens Clients Ask Before Calling
What evidence makes the biggest difference in an injury case?
The most valuable evidence is usually collected early: photos of the scene and hazard, video from nearby cameras, the police or incident report, names of witnesses, and prompt medical records that connect your injuries to the event. Later, consistent treatment records, wage documentation, and notes about how the injury affects daily life build the damages side. Video and witness memories fade fastest, so those are the first priorities.
I was hurt on a subway or MTA bus. Is the process different?
Yes. Claims against NYC Transit and many related public authorities generally require a Notice of Claim within 90 days, under Public Authorities Law §1212 and General Municipal Law §50-e, and a lawsuit generally within one year and 90 days. You may also be asked to attend a hearing under oath. Because the window is so short, contact a lawyer as soon as you can after a transit-related injury.
What if the person who hurt me has no insurance?
In a motor vehicle case, your own supplementary uninsured/underinsured motorist (SUM) coverage may apply, and MVAIC may provide coverage when no other insurance exists, subject to strict notice requirements. In premises and other cases, there may be other responsible parties with coverage, such as a property owner, a landlord, or a contractor. Identifying every possible source of recovery is an early part of our investigation.
Do most injury cases settle, or go to trial?
Many personal injury claims resolve through negotiation, sometimes before a lawsuit is filed and sometimes after. Others proceed to trial. Every case is different, and we don’t predict outcomes. What we can say is that preparing each case as if it might go to trial, with organized evidence and clear testimony, tends to put clients in a stronger position during settlement discussions.
Can I see my own doctor, or do I have to see the insurer’s?
You can choose your own treating doctors. Separately, a no-fault insurer may require you to attend an independent medical examination with a doctor it selects as a condition of benefits, and in a lawsuit the defense may request an examination as well. Attend any required exams, be accurate about your symptoms, and keep seeing your own providers for treatment.
What does “pain and suffering” include, and how is it measured?
Pain and suffering covers physical pain, emotional distress, and loss of enjoyment of life caused by an injury, both past and future. There is no fixed formula. It is evaluated based on the nature of the injury, the treatment required, how long recovery takes, any permanent effects, and how the injury changed daily life. In motor vehicle cases, the serious injury threshold must be met first.
A moped or e-bike rider hit me while I was walking. Who pays?
It depends on the vehicle and the policies involved. Mopeds and other limited-use motorcycles must be registered and insured in New York, so there may be a policy to claim against. E-bikes and e-scooters are treated differently, and coverage depends on the vehicles and policies in the picture, including your own. Get the rider’s information, photos of the vehicle and its plate if it has one, and a police report as soon as possible.
I had a back problem before my accident. Do I still have a claim?
Possibly. New York generally allows recovery when an accident aggravates a pre-existing condition. The key is medical evidence comparing your condition before and after the incident. Be upfront about your history with your doctors and your lawyer; hiding it is far more damaging than explaining it. Records from before the accident can actually help show what changed.
Can my spouse bring a claim because of my injury?
In New York, the spouse of an injured person may be able to bring a related claim for loss of services, support, and companionship. That claim depends on the injured spouse’s main case. Details about how the injury affected your household, such as help with daily tasks or changes in family routines, are relevant to both claims.
Do you represent people from Bellerose and the Nassau border area?
Yes. Our Rosedale office sits near the Nassau County line, and we help people from eastern Queens neighborhoods and nearby Long Island communities. The New York rules described on this page apply throughout the state, though local details like which agency maintains a road can differ. For more on that part of the borough, visit our page for a personal injury lawyer in Bellerose.
Related reading: Personal Injury Lawyer in Queens: what we do and how we help our neighbors.
Get the Facts From a Personal Injury Lawyer in Queens
Misconceptions cost people time, money, and sometimes their entire claim. If you were hurt anywhere in the borough, a Personal Injury Lawyer in Queens from our firm can tell you which rules actually apply, which deadlines are running, and what to do next. Call Yakov Mushiyev & Associates, P.C. at 718.775.3110 or contact us online. Our office is at 1 Cross Island Plaza, Suite 325, in Rosedale.
General information, not legal advice. Attorney Advertising. Prior results do not guarantee a similar outcome.