Queens is a borough of neighbors. We know the dollar vans on Jamaica Avenue, the lines outside bakeries on a Sunday morning, the way Queens Boulevard feels when you’re trying to cross it with groceries. So when someone here gets hurt, whether in a crash on the Van Wyck, a fall on a cracked sidewalk in Richmond Hill, or an accident on a job site in Long Island City, it doesn’t feel like a statistic. It feels like it happened to someone down the block. If you’re looking for a personal injury lawyer in Queens, we want to start by saying this: take a breath. You have time to get this right, and you don’t have to figure it out alone.
We are Yakov Mushiyev & Associates, P.C., and our office is right here in southeast Queens at 1 Cross Island Plaza in Rosedale. This page is our attempt to sit across the kitchen table from you and explain, plainly and honestly, how injury claims work in our borough.
First Things First: Are You Okay?
Before we talk about claims, insurance, or deadlines, let’s talk about you. After an accident, people tend to downplay their injuries. They tell the officer they’re fine, skip the emergency room because they don’t want to sit in the waiting room at a busy hospital, and try to push through the next day at work. We understand that instinct; it’s very Queens. But injuries like concussions, herniated discs, and torn ligaments often show up hours or days later.
So please, get checked out. Tell the doctor about every symptom, even the small ones: the headache that won’t go away, the tingling in your hand, the trouble sleeping. Then keep going to your follow-up appointments. Your health is the point. And, as we’ll explain, a consistent medical record also protects your ability to recover later.
What a Personal Injury Lawyer in Queens Actually Does for You
A lot of folks picture lawyers as people who appear only in courtrooms. In reality, most of what we do happens long before anyone sees a judge, and much of it is about lifting weight off your shoulders:
- Figuring out who is responsible: a driver, a vehicle owner, a property owner, a contractor, a business, or a public agency;
- Tracking every deadline, including the short ones most people don’t know exist;
- Requesting video, records, and data before they’re erased or thrown out;
- Handling calls and letters from insurance companies so you don’t have to;
- Working with your doctors to make sure your injuries are documented clearly;
- Putting a fair value on what you’ve lost, including medical costs, lost income, and, where the law allows, pain and suffering.
We never promise outcomes, and we don’t predict numbers on a first call. What we can promise is that you’ll understand what’s happening with your case and why.
The Kinds of Injuries We Help Our Neighbors With
Car, truck, and bus crashes
If you’ve driven the Long Island Expressway at 5 p.m. or merged onto the Grand Central near LaGuardia, you know how quickly things can go wrong. Car crashes are the most common reason people call us. Our page on car accident claims in Queens goes deeper on those. Trucks add another layer; big rigs are banned from our parkways, so they crowd onto the Van Wyck, the Clearview, the BQE, and roads like Rockaway Boulevard and Conduit Avenue. Our guide for semi-truck accident victims in Queens covers the federal rules that apply to them. Crashes with MTA buses or city vehicles come with a much shorter notice deadline, which we explain below.
Pedestrian and bicycle accidents
So many of us walk to the subway or the bus stop every day. Drivers in New York have a duty under VTL §1146 to exercise due care to avoid pedestrians and bicyclists. When that duty is ignored at a crosswalk on Hillside Avenue or Merrick Boulevard, the results can be devastating. If you were walking or cycling and were hit by a car, your medical bills generally start with no-fault coverage through the vehicle’s insurer.
Slips, trips, and sidewalk falls
Queens sidewalks have their share of lifted slabs, tree-root cracks, and icy patches in winter. Under NYC Administrative Code §7-210, the owner of property next to a sidewalk is generally responsible for keeping it reasonably safe, with an important exception: owner-occupied one-, two-, and three-family homes, where the City remains responsible, subject to its prior written notice rules. Inside stores and buildings, a property owner is generally liable if it created the hazard or knew or should have known about it and didn’t fix it. Falls are a serious health issue, too; the CDC’s fall prevention resources explain why, especially for older adults.
Construction and workplace injuries
From new towers in Long Island City to home renovations in Bayside, construction is everywhere in Queens. New York’s Labor Law §240(1), often called the scaffold law, holds owners and contractors responsible for certain falls from heights and falling-object injuries, and §241(6) addresses violations of specific Industrial Code safety rules. Workers’ compensation generally bars suing your own employer, but claims against owners, general contractors, and other companies on the site are often possible. One- and two-family homeowners who don’t direct the work are generally exempt from §240 and §241.
The Deadlines Every Queens Family Should Know
Here’s the part we wish every neighbor knew before they ever needed it. New York has several deadlines, and some are much shorter than people expect.
- Three years for most personal injury lawsuits, under CPLR 214(5).
- Ninety days to serve a Notice of Claim, in most cases, if the City of New York, a city agency, NYC Transit, or many other public authorities may be responsible, under General Municipal Law §50-e and related laws. The lawsuit then generally must be filed within one year and 90 days. That covers things like MTA buses, DSNY trucks, and city sidewalks in front of owner-occupied homes.
- Thirty days, generally, to file a no-fault application after a car accident.
- Ten days for drivers to file a DMV accident report (form MV-104) when someone is hurt or killed, or property damage exceeds $1,000.
- Two years from the date of death for a wrongful death action.
We share this not to scare you, but because knowing it gives you control. If you remember just one thing from this page, let it be the 90-day rule for city claims.
How Car Accident Claims Work in New York, in Plain English
New York’s system for car crashes can feel confusing, so let’s walk through it like a neighbor would.
No-fault pays the first bills
New York is a no-fault state. That means your basic economic losses get paid regardless of who caused the crash, up to $50,000 per person. That includes necessary medical bills, 80% of lost wages up to $2,000 a month, and up to $25 a day for other reasonable expenses, like getting to appointments. If you were in a car, you usually claim through that car’s insurance. If you were walking or biking and got hit, you generally claim through the insurance on the vehicle that hit you. One big exception: motorcycle riders and passengers aren’t covered by New York no-fault. The Department of Financial Services auto insurance page has more detail.
The serious injury threshold
To recover for pain and suffering after a car crash, New York requires a “serious injury” as defined in Insurance Law §5102(d). That list includes things like fractures, significant disfigurement, permanent loss of use of a body part, permanent consequential limitations, and significant limitations of use. This is where consistent medical care really matters, because the proof usually comes from your doctors’ records and imaging. Losses above the no-fault limits, like wages beyond the cap, can be pursued regardless of the threshold.
Hit-and-run and uninsured drivers
Sadly, hit-and-runs happen on our streets too. If the driver can’t be identified or had no insurance, your own policy’s uninsured or supplementary coverage may help, and the Motor Vehicle Accident Indemnification Corporation (MVAIC) may apply when there’s no other coverage. MVAIC has strict notice requirements, including a police report and timely notice, so act as soon as possible.
What If I Was Partly at Fault? A Neighborly Explanation
This is one of the most common worries we hear: “I was looking at my phone when I crossed,” or “I was going a little fast.” Please don’t assume you have no case. For many years, New York has used pure comparative fault, which reduces your recovery by your share of fault but doesn’t wipe it out.
2026 update: For motor-vehicle personal injury actions commenced on or after May 26, 2026, New York’s amended CPLR 1411 applies modified comparative fault: if your share of fault is greater than the defendants’ combined share (more than 50%), you recover nothing; at 50% or less, your recovery is reduced by your percentage. The same legislation removed the “90/180-day” category from the serious injury definition. Non-motor-vehicle cases, such as slip-and-falls, sidewalk falls, and construction accidents, remain under pure comparative fault.
In other words, the rules now depend on the type of case and when it was started. That’s exactly the kind of detail we sort out for you in a first conversation.
Simple Things You Can Do Right Now to Protect Your Claim
- Keep every piece of paper. Medical bills, discharge papers, pharmacy receipts, letters from insurers. A shoebox works fine.
- Take pictures. Of your injuries as they heal, of the scene if you can go back safely, of the sidewalk crack or the wet floor.
- Write down names. Witnesses, the store manager, the responding officers, the police report number.
- Ask about cameras. Corner stores, gas stations, and homes with doorbell cameras often record over footage within days.
- Stay off social media about the accident. Insurers look, and a smiling photo at a cousin’s party can be twisted.
- Don’t give recorded statements to the other side’s insurer. It’s okay to say you’ll have your lawyer get back to them.
- Keep going to the doctor. Gaps in treatment are often used to argue that you weren’t really hurt.
If you want to see the kinds of matters our firm has handled, our settlements page describes past cases, and our client testimonials page shares what others have said about working with us. Every case is different, and past results don’t predict future outcomes.
Three Corners of Queens We Love, and How to Stay Safe Getting There
Addisleigh Park Historic District in St. Albans
Addisleigh Park is a residential enclave in St. Albans, a short drive from our Rosedale office, known for its handsome Tudor and Colonial Revival homes on tree-lined streets. In the mid-twentieth century it became home to many celebrated jazz musicians and sports figures, and it was designated a New York City historic district. The neighborhood’s quiet blocks sit close to busy Linden Boulevard and Merrick Boulevard, where buses, commuters, and delivery vehicles move steadily. Walkers heading to the St. Albans LIRR station or the shops on Linden should use crosswalks carefully at those wide intersections.
Fort Tilden
Fort Tilden is a former U.S. Army post on the Rockaway peninsula, now part of Gateway National Recreation Area. Its quiet beaches, dunes, maritime forest, and old military batteries draw walkers, birders, and beachgoers looking for a calmer spot than the busier stretches of Rockaway. There’s no lifeguarded swimming beach there, so visitors should take care in the water. Getting there from mainland Queens usually means crossing Cross Bay Boulevard and the bridges over Jamaica Bay, or driving along Rockaway Point Boulevard, where cyclists and pedestrians share the road on summer weekends.
Jacob Riis Park
Jacob Riis Park, next to Fort Tilden on the Rockaway peninsula, is a popular beach within Gateway National Recreation Area, known for its wide sand, boardwalk, and historic Art Deco bathhouse. On hot days, the park draws crowds from across the city, and traffic backs up at the Marine Parkway Bridge and along Rockaway Point Boulevard. Large parking lots and families crossing with coolers and strollers make slow, attentive driving important. Riders on the ferry and buses to the Rockaways add to the summer bustle.
Directions to Our Rosedale Office from Addisleigh Park in St. Albans
From Addisleigh Park, head east on Linden Boulevard to Francis Lewis Boulevard, then turn right and follow Francis Lewis Boulevard south through Cambria Heights and Laurelton into Rosedale. Continue toward the Belt Parkway and Cross Island Parkway interchange near the Nassau border, where our office at 1 Cross Island Plaza, Suite 325, is located. It’s usually a short drive outside rush hour.
Questions Our Queens Neighbors Ask Us
How do I know if I even have a case?
Generally, a personal injury case requires that someone else was careless, that their carelessness caused your injury, and that you suffered real losses, like medical bills, missed work, or ongoing pain. For car crashes, New York also requires a “serious injury” to recover pain and suffering. The best way to know is a conversation where we hear the details. Many people are surprised to learn they have options, and some learn they don’t, which is useful to know too.
How long do I have to file?
Most personal injury lawsuits in New York must be filed within three years. But if the City, an MTA bus, NYC Transit, or another public agency may be responsible, a Notice of Claim is generally due within 90 days, and the lawsuit generally within one year and 90 days. Wrongful death claims generally must be filed within two years of death. Please don’t wait to find out which applies to you.
I tripped on a broken sidewalk in front of a house. Who’s responsible?
It depends on the property. Under NYC Administrative Code §7-210, owners of most properties are responsible for the sidewalk next to them. But if the house is an owner-occupied one-, two-, or three-family home, the City generally remains responsible, subject to its prior written notice rules. Claims against the City need a Notice of Claim, generally within 90 days, so take photos and act quickly.
Who pays my medical bills after a car accident?
Usually no-fault insurance, regardless of fault, up to $50,000 per person, covering necessary medical expenses, 80% of lost wages up to $2,000 a month, and up to $25 a day for other reasonable expenses. If you were in a car, that’s usually that car’s policy; if you were walking or biking, usually the policy of the car that hit you. Apply within 30 days.
I was hurt on a construction job. Can I sue?
Workers’ compensation generally bars suing your own employer, except in cases of “grave injury.” But you may have a claim against the property owner, general contractor, or other companies on site, especially under Labor Law §240(1) for falls from heights or falling objects, or §241(6) for Industrial Code violations. Owners of one- and two-family homes who don’t direct the work are generally exempt.
What if the driver who hit me drove away?
Call the police right away and get a report; leaving the scene of an injury accident is a violation of VTL §600. Your own policy’s uninsured motorist or supplementary coverage may help, and MVAIC may apply if there’s no other coverage. MVAIC has strict deadlines, so notify them as soon as possible. Look around for cameras on nearby homes and businesses.
Will I have to go to court?
Many cases resolve without a trial, but some do go to court, and sometimes filing a lawsuit is needed to get records or protect a deadline. We’ll explain each step and prepare you for anything you’re asked to do, like a deposition or a medical exam requested by the other side.
Do I have to talk to the other driver’s insurance company?
You’ll need to cooperate with your own insurer, including for no-fault benefits. But you’re generally not required to give a recorded statement to the other side’s insurer. It’s perfectly polite to say your lawyer will be in touch. Keep any letters or emails they send.
Can I come to your office, or do you meet people elsewhere in Queens?
Our office is at 1 Cross Island Plaza in Rosedale, convenient to the Belt and Cross Island Parkways. We work with clients across the borough, and we also serve neighbors just over the line; see our page for personal injury clients in Bellerose. If getting to us is hard because of your injuries, tell us when you call.
What should I bring to my first consultation?
Whatever you have is fine. Helpful items include the police or incident report number, photos, medical records or bills, insurance letters, and names of witnesses. Bring a list of your questions, too. If you don’t have any paperwork yet, come anyway; we can help you gather it.
Related: For a full overview of how our firm handles these claims, visit our Personal Injury Lawyer in Queens page.
Let’s Talk: Your Personal Injury Lawyer in Queens Is Just Down the Road
Getting hurt turns life upside down, but you don’t have to sort it out alone. As a personal injury lawyer in Queens with an office right here in Rosedale, we’re glad to listen, answer your questions, and explain your options in plain language. Call Yakov Mushiyev & Associates, P.C. at 718.775.3110, or contact us online. You’ll find us at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422.
General information, not legal advice. Attorney Advertising. Prior results do not guarantee a similar outcome.