Search Site
222 East Main Street , Suite 212 | Smithtown, New York 11787
Personal Injury Laws

Personal Injury Law Basics


If you or someone you know has been involved in a personal injury accident in New York, it is important that you know and understand the New York State Laws and Statutory Rules before filing a lawsuit or claim. Filing a lawsuit and going to court alone can be a struggle and confusing, which is why Birzon and Associates, a Personal Injury Lawyer in Suffolk County, NY, will work closely with you every step of the way.

Common personal injury cases typically involve a few of the following:

  • Car Accident.
  • Motorcycle Accident.
  • Medical Malpractice.
  • Work Injury.
  • Slip and Fall Injury.

Every state has its own set of Personal Injury Laws and Statutory Rules. In the Court system, there is a Statute of Limitations which is the amount of time that you must file a lawsuit since the day of the injury. In New York, the injured party has three years from the date of injury to file a lawsuit. After the three years, the State of New York will refuse to listen to your case, and you will not be able to obtain any compensation. Medical Malpractice Statute of Limitations has a different time frame and rules.

If there was a shared fault in the accident and you take a part in liability of the injuries, New York follows a “Pure Comparative Negligence” rule. “Pure Comparative Negligence” means that the total amount of compensation you are entitled too will be reduced depending on the percentage you are at fault for. Birzon and Associates Personal Injury Lawyer in Suffolk County, NY will work hard to make sure that you get what you deserve and nothing less.

The State of New York has No-Fault Insurance rules when it comes to car accident injuries. When you are injured in a car accident, your car insurance policy is responsible to get you the compensation you need regardless of who is at fault. In some cases, you can file a liability claim or personal injury lawsuit if you obtained a “serious injury” that caused any of the following:

  • Significant disfigurement.
  • Bone fracture.
  • Permanent limitation of the use of body organs or member.
  • A significant limitation of use of a body function or system.
  • Substantially full disability for 90 days.

If the injuries from the top apply to you, then you can file a lawsuit against the at-fault driver and obtain compensation for all of the losses, pain, suffering, and non-economic damages.

When it comes to pets and getting bitten, New York State does not have any specific laws regarding the accidents. The owner of the pet will be held liable for all the injuries caused.

At Birzon and Associates Personal Injury Lawyer in Suffolk County, NY is the top firm for personal injuries. Give us a call today to set up a consultation and let us help you get the justice and compensation that you deserve.

Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form

Our Office
  • Smithtown Office
    222 East Main Street
    Suite 212
    Smithtown, New York 11787
    Phone: 631-265-6300
    Fax: 631-265-6799
  • "“My family and I would not consider another attorney for our personal and professional legal needs. He is as sensitive as he is strong which makes him the perfect person to have representing you in any legal matter.”"  -Lisa

  • "“Mitch is that rare find in an attorney. He’s the big city lawyer in the suburban setting. But more importantly, he’s got your back during business negotiations. He’s smart and gets the big picture well.”"  -By A Business Client

  • "“Mr. Birzon has helped me with several real estate closings, contract negotiations, and litigation matters over the past five years. He has always made time for me and I feel that he valued my questions and concerns. We always reached a solution that exceeded my expectations.”"  -Justin

  • "“Mitch is very knowledgeable, probably the best strategist I have ever encountered. I have dealt with over a dozen attorneys as it relates to my real estate and business investments. Once I met Mr. Birzon my search was truly over. He is extremely competent, knowledgeable, well-staffed and treats my legal concerns as if they were his own. He is a brilliant strategist and a pleasure to work with. I have recommended Mr. Birzon to several business associates who are also more than pleased with his services. He treats a small matter with the same vigor and enthusiasm as he does a major issue.”"  -Vito

  • "“Mitch has been great at reviewing contract documents between my business and New York State Agencies. He has guided me with thoroughness, and the highest professionalism. He has been compassionate and preservers more than anyone I know. I enthusiastically recommend him as an attorney.”"  -By A Former client

  • "Mitchell Birzon attended to my legal needs as if he were representing a member of his own family. He was creative, persuasive, and persistent, and got results that exceeded my expectations.”"  -Barbara H., Melville, NY