Frequently Asked Questions
Answers to the questions we hear most from people injured in construction accidents, car accidents, and other personal injury cases in New York.
About Your Case
How do I know if I have a case?
If someone else’s negligence — or a property owner’s or contractor’s failure to maintain a safe environment — caused your injury, you likely have a claim. The best way to know is to call us. Case evaluations are free and come with no obligation.
How long do I have to file?
New York’s statute of limitations for personal injury is generally three years from the date of injury. Wrongful death cases must be filed within two years. Construction accident cases involving Labor Law §240 and §241(6) follow the same three-year rule. If a city agency or municipality was involved in your accident, a Notice of Claim may be due within 90 days. Do not assume you have time — call us now.
What if I was partly at fault?
New York uses pure comparative negligence. You can recover even if you were partially responsible for the accident. Your recovery is reduced by your percentage of fault, but it is not eliminated. Construction accident cases under Labor Law §240 are an exception — the statute imposes absolute liability on owners and contractors, and worker fault is generally not a defense.
Can I sue if I’m undocumented?
Yes. New York’s Labor Law protects all workers regardless of immigration status. Your status is not relevant to the merits of a construction accident claim.
Fees and Costs
How much does it cost to hire Amparo Law Firm?
Nothing upfront. We handle all personal injury and construction accident cases on a contingency fee basis. You pay no attorney’s fees unless we recover money for you. We also advance case costs and are repaid from any recovery.
What percentage do you take?
Contingency fees in New York personal injury cases are governed by court rules. We will explain the exact fee structure at your consultation — before you sign anything.
Construction Accidents
What is Labor Law §240?
Labor Law §240 — the Scaffold Law — imposes absolute liability on property owners and general contractors for gravity-related injuries on construction sites. If you fell from a ladder, scaffold, or elevated surface, or if an object fell on you from above, §240 likely applies. Owners and GCs cannot pass this liability to subcontractors.
Can I sue my employer?
Workers’ compensation is the exclusive remedy against your direct employer for on-the-job injuries. But you can sue the property owner, the general contractor, and other parties on the site. These third-party claims are separate from — and in addition to — workers’ compensation. We pursue both simultaneously.
What if I was told it was my fault?
That is a common defense argument, not a legal conclusion. Under Labor Law §240, worker negligence is rarely a complete defense. We will evaluate what happened and whether the defense holds up under the applicable statutes.
Auto Accidents
New York is a no-fault state. Does that mean I can’t sue?
No-fault covers your immediate medical expenses and a portion of lost wages regardless of who caused the accident. But if your injuries meet New York’s “serious injury” threshold — fractures, significant scarring, permanent limitation, 90/180 days of inability to perform normal activities — you can bring a third-party lawsuit for pain and suffering, additional lost wages, and other damages. Most significant accident cases do qualify.
The other driver had no insurance. Am I out of luck?
No. If the other driver was uninsured, your own Supplementary Uninsured Motorist (SUM) coverage may apply. If the driver fled and can’t be identified, MVAIC (the Motor Vehicle Accident Indemnification Corporation) is another route. We know both systems and how to access them.
Process
How long do cases take?
It depends on the injuries, liability facts, and whether the case settles or goes to trial. Many cases resolve within one to two years. Cases with severe injuries or contested liability may take longer. We will give you a realistic estimate at consultation based on your specific facts.
Do I have to go to court?
Most cases settle before trial. But we prepare every case as if it will go to trial — that preparation is what produces good settlements. If the case needs to go to court, we go.
Attorney Advertising. The information on this page is general and does not constitute legal advice. Prior results do not guarantee a similar outcome. All legal services are provided by attorneys admitted in the applicable jurisdiction. Amparo Law Firm PLLC — 1 World Trade Center, New York, NY 10007.