After an accident leaves you hurt, you can bring a personal injury claim here in Nassau County, but there are deadlines. Talk to a personal injury lawyer as soon as you can to make sure you know what your rights are and protect them. 

From a Nassau County Personal Injury Lawyer: Deadlines and Other Issues

What’s a Statute of Limitations?

This is a law that places a time limit on when you can bring a civil action in court. Once that period ends, you typically lose any right to sue for damages, no matter how strong your case might be. 

In New York, you have three years from the date of the accident itself to bring a claim in most cases of personal injury. The clock starts on the day the event occurs.

For medical malpractice, you must begin the action within two years and six months of the act, omission, or failure that caused the harm or from the end of continuous treatment for the same condition. Wrongful-death actions must be filed within two years of the date of death. 

When the Defendant Is Government

When the potential defendant is a city, county, town, village, school district, or similar public entity, you have to give notice of your intent to bring a claim within ninety days. That notice is a condition precedent, which means that if you don’t get it done, you can’t bring a lawsuit later. After the notice is properly served, the lawsuit itself must be started within one year and ninety days. 

Exceptions for Minors and Similar

Minors and those with a qualifying legal disability at the time they are injured have more time to bring their claim. For as long as a person is legally disqualified from bringing an action (because of being under 18, for example, or because they are disabled), the clock on the statute of limitations is paused. 

It starts running only when the person becomes legally capable. For a child injured before age eighteen, the three-year period starts on their 18th birthday. For someone in a coma, the clock would begin as soon as they wake up and have the mental capacity to make decisions again. 

Other Exceptions

If a defendant leaves the state to avoid the issue and can’t be reached, the clock effectively stops until they can be reached. If it’s discovered that the defendant fraudulently concealed their culpability, this can also sometimes extend the time. Exceptions are narrow, however, and it’s never wise to assume that you will qualify for one. It’s always best to talk to a lawyer as soon as possible.

If you have been injured, the safest course of action is to get a review of the facts while the records are still fresh. Contact us now at Miller, Montiel & Strano in Garden City, NY for a free consultation on your case. Our firm is one of just 5% across New York to have been named Super Lawyers, and we’ve been protecting victims here in New York City for over 50 years.

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Public property injuries are a type of premises liability issue, but they come with extra steps because the government is involved. You need to act fast, talk to a lawyer, and gather solid evidence right away. Local and state governments have a duty to maintain sidewalks, parks, roads, transit stations, and public buildings, and if a dangerous condition like a broken sidewalk, icy patch, pothole, or poor lighting causes your injury—and the government entity responsible for it either knew or should have known about the condition—you may have a valid claim.

You must show the public entity owed you a duty of care, breached it by failing to fix or warn about the hazard, and that this breach directly caused your injuries. Unlike with certain private property cases, you cannot assume liability just because you fell. In many cases, the key will be proving there was notice of the hazard. This can be actual (someone told the government about the issue, and there’s a record of that report) or constructive (the government should have known about it in the ordinary course of regular inspections).

Special Rules When Suing Government Entities

Under New York General Municipal Law, you typically must file a Notice of Claim within 90 days of the injury. This written notice must explain the details of what happened, where and when the incident occurred, the nature of your injuries, and the damages you are seeking. If you don’t file this notice within the required timeframe, you may lose your right to pursue compensation.

A typical Notice of Claim includes information such as:

• The date, time, and exact location of the incident
• A description of the dangerous condition that caused the injury
• How the accident occurred
• The injuries sustained
• The name of the injured person
• A general description of the damages being claimed

Although the Notice of Claim does not need to include every piece of evidence or every legal argument, it should be accurate and complete. Missing information or errors can create unnecessary obstacles later in the claims process.

After the Notice of Claim is filed, the government entity generally has 30 days to request a hearing under General Municipal Law § 50-h, where the injured person may be asked questions about the incident before a lawsuit can proceed. In most cases, you then have one year and 90 days from the date of the accident to file a lawsuit against a city, county, town, or village. This deadline is significantly shorter than the three-year statute of limitations that typically applies to personal injury claims against private property owners.

Different Government Agencies Have Different Rules

One of the biggest mistakes injured individuals make is assuming every government agency follows the same procedures. In reality, filing requirements can vary depending on who owns or maintains the property where the injury occurred.

For example, claims involving the New York City Transit Authority (NYCTA) generally require a Notice of Claim within 90 days, but the Transit Authority has its own procedures and requirements that differ from those of the City of New York. Similarly, counties, towns, villages, school districts, and other public authorities may each have their own rules governing where and how a Notice of Claim must be served.

Determining the correct government entity is critical. A sidewalk, roadway, park, or transit station may be maintained by a city, county, state agency, or public authority. Filing your claim with the wrong agency can result in delays—or worse, dismissal of your claim.

Federal property, such as a United States Post Office or other federally owned buildings, is governed by the Federal Tort Claims Act, which follows an entirely different administrative claims process and deadlines.

Because identifying the proper defendant is not always straightforward, consulting an experienced attorney as soon as possible can help ensure your claim is directed to the correct agency from the start.

Common Mistakes That Can Prevent a Successful Claim

Government claims are highly procedural, and even otherwise valid cases can be dismissed because of technical errors. Some of the most common pitfalls include:

• Missing the 90-day Notice of Claim deadline
• Filing the Notice of Claim with the wrong government agency
• Naming the wrong defendant in the claim or lawsuit
• Providing inaccurate or incomplete information about the accident
• Failing to preserve evidence such as photographs, witness information, or medical records
• Waiting too long to speak with an attorney

While courts may, in limited circumstances, allow a late Notice of Claim, these requests are discretionary and far from guaranteed. It is always safest to assume the 90-day deadline is firm and act immediately after an accident.

From a New York Accident Lawyer: Building a Strong Claim

To improve your chances of recovering compensation:

• Work with experienced counsel who has handled claims against cities, counties, and other government entities.
• Report the dangerous condition as soon as possible if it has not already been documented.
• Photograph the accident scene before the condition changes or is repaired.
• Save every piece of evidence, including medical records, receipts, and correspondence.
• Keep a daily journal documenting your pain levels, limitations, and how the injury affects your daily life.
• Attend all medical appointments and follow your treatment plan.
• Avoid discussing your case with insurance representatives or government investigators before consulting your attorney.

Taking these steps early can help preserve important evidence and strengthen your claim.

Don’t Wait to Protect Your Rights

You have real rights when you’re injured on public property, but the process is time-sensitive, and the procedural requirements are far more complex than in a typical premises liability case. Missing a deadline or filing against the wrong government entity can jeopardize an otherwise valid claim.

If you’ve been injured on public property, contact Miller, Montiel & Strano, PC at 516-363-5003 as soon as possible. Our attorneys have decades of experience representing injury victims throughout New York and understand the unique rules governing claims against government entities.

Not sure whether your Notice of Claim has been prepared correctly or whether you’ve identified the proper government agency? Contact us today for a free Notice-of-Claim review. We’ll evaluate your situation, answer your questions, and help you take the next steps to protect your rights before critical deadlines expire.

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Having to deal with an insurance adjuster after an accident can be frustrating and leave you feeling vulnerable. The adjuster usually cares about the insurance company’s bottom line more than your needs, and they’re trained to ask questions in ways that will get you to say things they can use to deny or devalue your claim. Talk to an accident lawyer in New York right away so you have someone on your side to handle those conversations and protect what you deserve.

The Role of the Insurance Adjuster

Insurance adjusters work for the company that pays the claim, and their main job is to investigate what happened and settle the claim for as little as possible (ideally, nothing, if they can deny it altogether). They review police reports, talk to witnesses, check your medical records, and overall just look for ways to reduce their company’s liability.

You might think the adjuster wants to help you get fair payment, and they talk a good talk sometimes. But in reality, they answer to their employer, whose goal is to pay as little as possible. 

The Role of Your Accident Lawyer in New York

Having a lawyer levels the playing field. A lawyer who has been down this road before knows the patterns and what these companies are up to, and won’t let quick pressure tactics influence your decisions. 

Common Tactics Adjusters Use

“Can I Record You?”

Adjusters love to record calls, either asking quickly in passing or sometimes even without clear notice at all. They do this so they can ask questions that encourage you to say something that hurts your case. With the call recorded, they can then review it endlessly to evaluate whether there’s something they can use, and anything you say later can be compared against the call to see if “your story has changed.”

When you hire a lawyer, they take over all communication. You no longer have to worry about what to say or avoid saying, as your attorney will review every request and respond in writing. If the insurer calls, you just say, “Please speak with my lawyer, goodbye.”

“Did You Contribute?”

In New York, pure comparative negligence rules mean that you can recover damages even if you share some fault, but the amount you can recover decreases by your percentage of blame for the incident. Adjusters love to shift as much blame onto you as possible to cut the payout for their company. Your lawyer will push back with evidence and make sure you don’t get blamed a single percentage point more than you should.

“We’ve Calculated Your Losses At…”

The insurance company will often undervalue your losses, and the only way to counter this is with a good lawyer who knows how to properly calculate everything, including current and future medical costs, lost earnings, diminished earning capacity, and pain and suffering. Your attorney will gather documentation from doctors, economists, and life-care planners when needed and present a demand package that shows the true long-term impact of what you’ve suffered.

Dealing with adjusters alone puts you at a disadvantage. Level the playing field and contact us now at Miller, Montiel & Strano in Garden City, NY for help anywhere in Nassau County. 

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If you’ve been hurt because of someone else’s carelessness, a free consultation with an injury lawyer in Long Island can give you a lot of clarity about where you stand and how to move forward. But for that consultation to be useful, you should know what kind of questions to ask so you come away with a clear picture of what comes next.

What to Ask Your Injury Lawyer in Long Island

Questions About the Lawyer’s Experience

Start by asking exactly how much hands-on experience the lawyer has with injury cases like yours. This matters because every case will turn on specific facts, and having a familiarity with the patterns that show up in different personal injury case types can make a real difference in how smoothly things move forward.

Follow up by asking for examples of past results they’ve gotten in similar situations, but don’t expect your lawyer to offer specific names or confidential details (just as you wouldn’t want your lawyer revealing your details to future potential clients). The answers you get here will tell you whether the lawyer knows the local courts, the insurance companies that operate in Nassau County, and the kinds of evidence that strengthen a claim of your type under New York law.

Questions About Who Will Handle Your Case

Ask who will actually work on your file from day to day. You deserve to know whether the person you’re meeting with will stay involved or if your case will get passed along. It’s fine if it is, and it’s common for lawyers to pass on some of the day-to-day work to other staff to free up their time for what they alone can do, but you need to know what to expect. Straightforward answers show that you can trust a law firm.

Questions About the Process and Timeline

Find out exactly what steps the lawyer will take after you sign on and ask for a realistic timeline so you know when to expect updates. Most cases move through an investigation phase, then your lawyer will send a demand letter, there will likely be negotiations, and, if necessary, you may move to filing suit.
Use this part of the meeting to also ask how the lawyer will keep you informed. Will you get regular calls or emails? Can you reach someone after hours if questions come up?

Questions About Settlement Versus Trial

It’s fair to ask whether the lawyer is willing to take your case to trial if the insurance company refuses a fair offer. Most of these cases settle outside of court, but it’s still important that your lawyer have trial experience. Not only might any case potentially go to trial, but when your lawyer has experience in the courtroom, this gives you more leverage during negotiations.

Schedule your free consultation with Miller, Montiel & Strano in Garden City, NY today. One of our partners personally handles every case from the first call through the final resolution. We serve clients in Long Island and throughout Nassau County.

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Every personal injury case is unique, and how long a case will take will always depend on the specifics of that situation. Your Long Island, NY personal injury attorney will be able to give you a better estimate based on your specific circumstances, but the following is general information on how long these lawsuits usually take to resolve.

How Long Personal Injury Lawsuits Usually Take

National Averages

The Department of Justice does studies of legal cases prosecuted in the United States, and in their study of personal injury cases in the largest 75 counties in the United States, they found that the median time from filing the lawsuit to final disposition was 13.7 months. About 44% of all cases were resolved within one year, and by the two-year mark, 74% of cases were resolved.

For Cases That Go to Court

Most of these cases are resolved outside of court, but when they do have to go all the way to a trial before a judge and/or jury, it can significantly extend the timeline. According to the DOJ’s study, tort cases that went to a jury trial or a bench trial had a median processing time of nearly two years from filing to final judgment. Overall, jury trials take the most time, at 23 months, and bench trials are slightly shorter at 17.7 months. Car accident cases tended to resolve more quickly than other types of personal injury, while medical malpractice tended to take the longest.

For Cases That Don’t Go to Court

All of the statistics listed above are about cases where lawsuits are actually filed, but 95% of personal injury cases settle before any trial. Only 3 to 5% actually go all the way through the full trial.

What Makes Trials Last So Long?

There are a couple of factors that influence how long these lawsuits take, and one of the biggest is court backlogs. Once you have to start meeting in court repeatedly, the court’s schedule and how far behind they are will have a big effect on how quickly your case can move through. Other important factors include:

• Case complexity
• Severity of your injuries
• Discovery needs
• Pre-lawsuit negotiations (when they’re lengthy yet ultimately unsuccessful)

New York-Specific Timelines

The New York courts do not release information about the median disposition times for personal injury cases. However, the New York Unified Court System provides annual reports and a Caseload Trends Dashboard with overall civil caseload filings, dispositions, and pending cases.

The statute of limitations for most personal injury claims in New York is three years from the date of the accident, but shorter periods apply in some cases. Our New York courts, especially in urban areas like here in NYC, are often congested, so our timeframes are often on the longer end of the national averages.

Get Help From a Long Island, NY Personal Injury Attorney

No matter where you are in the process, and no matter how complicated the case, things will go most smoothly when you have a qualified lawyer on your side. Call us today at Miller, Montiel & Strano in Garden City, NY at 516-363-5003 for a free consultation. We’ve been protecting the people of Long Island and all of NYC for over 50 years.

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Witnesses can be a great help to your personal injury case, but witnesses must be credible and honest if their testimony is going to be useful to your case. Your personal injury lawyer in Long Island, NY will be able to interview any potential witnesses and help them play a useful role in assisting your claim.

What Role Do Witnesses Play in Personal Injury Cases?

Third-Party Witnesses

The greatest value these witnesses bring to the table is their objective viewpoint. Both insurance companies and courts will put the greatest weight on the testimony of those who have nothing to gain, and also nothing to lose, by the outcome of a case. If a third-party witness saw the accident in which you were injured and can testify that your explanation of the events is accurate, this goes a very long way towards establishing the liability of the responsible party and getting you the compensation you are owed.

Things happen fast in an accident, and sometimes a witness sees something from a completely different angle than any of the parties involved. Sometimes if there’s a dispute over liability or precisely what happened, someone with a different perspective may be able to clear it right up.

Expert Witnesses

Expert witnesses didn’t see the accident, but they can help everyone understand what happened nonetheless. These are witnesses with special expertise in some area, and their job is to take complicated concepts and make them clear to laypersons. The expert witness might be an engineer, for example, who can testify about a defective product, or an accident reconstruction expert who can look at photos from a car wreck and put together the whole scene.

Expert witnesses can be very persuasive, and a good lawyer will have a network of such witnesses to call upon when their help is needed for a claim and will have verified their credentials.

Limitations of Witnesses

Credibility

The first and possibly biggest issue surrounding witness testimony is whether the witness is credible. They must be believable and come across as honest, and even people who actually saw an accident and want to help may not know how to present themselves credibly without some help. In addition, after an accident, some people just want to be involved – some so badly that they’ll claim to have seen things they never did. Your lawyer will assess the credibility of every witness.

Consistency

Witnesses for a case are usually going to be cross-examined by a lawyer from the other side, and that lawyer will have experience in getting witnesses to “trip up” and possibly contradict themselves. Giving testimony can be nerve-wracking under the best of circumstances, and even a completely honest witness may find themselves manipulated into accidentally contradicting themselves. Your lawyer will help all the witnesses for your side be prepared for these tactics.

Help From a Personal Injury Lawyer in Long Island, NY

Talk to Miller, Montiel & Strano at 516-531-2817 for a free, no-obligation consultation on your claim. We’ve been protecting victims in New York City for over 50 years. 

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If you’ve been hurt in an accident, but your own actions did play a role, don’t assume you’re out of luck. A New York personal injury lawyer can help you understand and protect your rights under the state’s rules for shared responsibility in a personal injury situation.

Shared Fault in New York Accidents

It’s rare for one person to be completely to blame in an accident. Maybe you were crossing the street and were hit by a car, but you were looking at your phone at the time and are being held partially negligent. Or perhaps you slipped on a wet floor that wasn’t well marked, but you were distracted and hurrying. New York law recognizes the reality that more than one person can be responsible through something called pure comparative negligence. This means you can still seek compensation for your injuries even if you’re partially responsible, but any award you get will be reduced by the percentage of your fault.

For example, suppose a court or insurance company decides you’re 30% at fault for a slip-and-fall because you were texting while you rushed through the store instead of paying attention, but the store is 70% at fault for failing to provide a safe environment. If your total damages added up to $90,000, you’d be able to recover 70% of that, or $63,000. Some states won’t allow you to collect any damages if you are 50% or 51% or more at fault, but here in New York you can collect even if you’re 99% at fault (though you would only receive 1% of your total damages).

Good News and Bad News

The good news is that you’re not barred from bringing a claim even if you were partially at fault, and you can receive at least some compensation for what you’ve lost. This system levels the playing field in many respects. However, it also means that insurance companies have a lot of incentive to stick you with as much blame as they can. Every one percent of blame they can push onto you is a little bit less they have to pay. A lawyer is someone in your corner, fighting to protect you from unfair blame and to make sure you get every bit of compensation you’re owed.

How a New York Personal Injury Lawyer Can Help

If you’re already dealing with pain, doctor visits, and bills that seem to just get bigger every week, it will give you enormous peace of mind to have a lawyer take over all the frustrating red tape. You can concentrate on healing while your lawyer investigates the accident, brings together all the evidence in a compelling way to make a case for you, and ensures that all the t’s are crossed and i’s are dotted in your filings.

Insurance companies know how to negotiate in these situations. Unless you’re a professional negotiator yourself, you are at a distinct disadvantage. One of the biggest jobs of your lawyer will be to negotiate fiercely with the insurance company to protect your rights.

Whatever your situation after a personal injury, set up a free consultation with us at Miller, Montiel & Strano in Garden City, NY find out where you stand and how we can help. We serve clients throughout Nassau County.

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Were you or a loved one injured in a dog attack? Contact the experienced Garden City dog bite lawyers at Miller, Montiel & Strano today to discuss your case and secure the compensation you deserve.

Until April 17, 2025, victims of dog attacks in New York often faced major obstacles in pursuing compensation. The previous law left many injured individuals without legal recourse, even after suffering serious injuries. Fortunately, a recent change in the law now provides new options for dog bite victims.

The Old Law: Strict Liability with Limitations

Under the previous rules, dog owners were subject to strict liability only if they knew or should have known that their dog had aggressive tendencies. While strict liability theoretically allowed victims to recover damages without proving fault, in practice, proving the dog’s “vicious propensities”—sometimes called the “one-bite rule”—was extremely difficult.

Evidence such as barking, snapping, or baring teeth was generally insufficient unless the dog had a documented history of attacks. As a result, many victims of dog attacks went uncompensated, despite facing serious injuries, medical bills, and emotional trauma.

The Landmark Change: Negligence Claims Now Allowed

New York State’s Court of Appeals has now confirmed that victims of dog attacks can pursue a negligence claim in addition to the traditional strict liability claim.

Negligence involves a failure to exercise ordinary care. Examples of negligence that can now support a claim include:

• Failing to keep a dog on a leash in public,
• Allowing a dog to lunge at a visitor by opening a door carelessly, or
• Leaving a dog roaming freely on the street.

This change is crucial for victims who previously had no viable case under strict liability rules. Now, injured parties can recover damages for medical expenses, lost wages, pain, and suffering when the dog owner’s carelessness contributed to the attack.

How This Affects Victims in Garden City

At Miller, Montiel & Strano, we have extensive experience representing victims of dog attacks, including attacks by dogs, horses, and other domestic or farm animals. The addition of negligence claims means we can now help more clients in Garden City and Long Island who previously had limited legal options.

If you or a loved one has been injured by a dog, it’s important to act quickly. The new law ensures victims are no longer left without recourse when injured by an owner’s careless actions.

Don’t wait—contact the Garden City dog bite attorneys at Miller, Montiel & Strano today. Schedule a consultation to discuss your case and learn how we can help you pursue the compensation you deserve.

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Personal injury settlements can be tricky to calculate. If you’ve never done this before, it’s easy to make a mistake and miss out on compensation you’re owed, so talk to a personal injury attorney in Long Island as soon as you can to make sure your claim includes everything it should.

Calculating “Economic” Damages

The first type of damages that you can claim in a personal injury case is reimbursement for all the expenses you’ve had. These are known as your “economic damages.” One of the key expenses here is usually your medical bills. If you’ve been injured by someone’s negligence, you should be reimbursed for all treatment that’s related to that injury.

You should also be reimbursed for any lost income you had because you weren’t able to work. If you work a salaried job and had to use your personal days or sick days, you should be reimbursed for the value of those. If you work an hourly job, you should be reimbursed the wages you lost. If any of your property was damaged, such as a mobile phone or a car, you should be reimbursed for those things. And if you had to lay out extra expenses to deal with your injury, such as hiring childcare because you weren’t able to take care of your children while you recovered, this should all be included in your economic damages.

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If you’ve been injured due to someone else’s negligence, you have the right to bring a claim to get compensation for what you’ve lost. One of the most important parts of your claim will be your medical records. Talk to an injury attorney in Long Island right away to get more detail details on your specific situation.

How Can Medical Records Strengthen Your Injury Claim?

By Linking the Injury to the Accident

The first important role of your medical records is to show that the injuries you’re suffering are connected to the accident. The sooner you visit a doctor after the accident, the clearer this link will be, and it will also help if your doctor has noted in the records that your injuries are consistent with the type of accident you suffered. Never delay getting medical care after an accident. If there’s too long a delay, the other side and their insurance company may try to argue that your injuries are unrelated to the accident.

By Giving a Firm Number to Your Economic Losses

In a personal injury claim, you’ll be asking for compensation for your economic losses or damages. These damages need to be quantified with firm numbers, and your medical records will back up your bills and receipts for medical care and show what was provided to verify that your numbers are correct. Medical bills are often the biggest part of any personal injury claim, so it’s crucial to get this right.

By Boosting Your Non-Economic Losses

Non-economic losses are sometimes referred to as “pain and suffering,” and these losses are all difficult to calculate. Pain, mental anguish, loss of enjoyment of life, anxiety: how do you put a number on these things? The courts have found that the best way to deal with it is to calculate your non-economic losses as a percentage of your economic ones. The most common method of doing this is to tabulate all your economic losses and then multiply the total by a number between one and five. The more serious your injuries are and the harder your recovery, the higher that second number will be.

Your medical records thus serve two important functions in boosting your total for non-economic losses. First, the higher your medical bills and the higher your economic losses, the bigger that first number, which you’ll multiply by one, two, three, four, or five. Second, your medical records will show what you’ve actually undergone in terms of treatment and recovery. Your medical records will thus be an important way of deciding whether you multiply your economic damages by one, five, or a number in between.

Your medical records are a key part of your personal injury claim, but they’re not the only thing to consider. Talk to us today at Miller, Montiel & Strano in Garden City, NY for help with your claim. We serve Long Island and Nassau County and are committed to treating each client like a person: not like a number. .

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