Personal Injury Lawyer in Westchester County, NY
New York Personal Injury Law
New York personal injury law is governed by statutes including the Civil Practice Law and Rules (CPLR) and the Insurance Law. The key statutes affecting your Westchester County case include NY CPLR Article 14-A (comparative fault) and Insurance Law § 5102 (defining “serious injury” for auto accident claims).
Last verified: March 2026 | Westchester County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of New York’s comparative fault law, see NY CPLR Article 14-A (official New York State Senate). For court procedures and forms in Westchester County, visit the Westchester County Supreme Court website (.gov domain).
Handling a Personal Injury Case in Westchester County
Personal injury cases in Westchester County are filed in the Supreme Court, which has unlimited jurisdiction over civil matters. The court follows a detailed procedural calendar.
- Seek immediate medical attention: Document all injuries and follow your doctor’s treatment plan. Medical records are critical evidence.
- Preserve evidence: Take photos of the accident scene, your injuries, and property damage. Collect contact information for witnesses.
- File a Notice of Claim if applicable: If your injury involves a municipality or public entity, you must file a Notice of Claim within 90 days of the incident.
- File a lawsuit before the statute of limitations expires: File your complaint in Westchester County Supreme Court within three years of the injury date (two years for wrongful death).
- Participate in discovery: Exchange evidence with the defense through depositions, interrogatories, and document requests.
- Attend settlement conferences and trial: Most cases settle during mediation or at a settlement conference. If not, your case will proceed to trial before a judge or jury.
Potential Damages and Recovery
In Westchester County, personal injury claims can recover compensation for medical expenses, lost wages, and pain and suffering, with no statutory cap on most damages under New York law.
| Case Type | Statute of Limitations | Key Legal Standard | Potential Damages |
|---|---|---|---|
| General Personal Injury | 3 years (CPLR § 214) | Negligence | Medical bills, lost wages, pain and suffering |
| Wrongful Death | 2 years (EPTL § 5-4.1) | Negligence causing death | Funeral expenses, loss of support, conscious pain and suffering of decedent |
| Municipal Liability | 1 year 90 days (Notice of Claim: 90 days) | Special duty owed by municipality | Same as general personal injury |
| Auto Accident (Pain & Suffering) | 3 years | “Serious Injury” threshold (Ins. Law § 5102(d)) | Economic damages always; non-economic only if “serious injury” proven |
Results may vary. The outcome of any personal injury case depends on the specific facts and evidence.
Our Experience in Personal Injury Law
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience, our firm has a documented record of handling complex personal injury matters. Our approach is case-specific, focusing on the details of New York negligence law and Westchester County court procedures.
Case Results
Law Offices Of SRIS, P.C. has handled personal injury cases across its service areas. Our firm-wide focus is on building strong evidence to support claims for compensation.
Results may vary. Prior results do not aim for a similar outcome.
Local Personal Injury Lawyer Near Westchester County
Our New York location serves clients at Westchester County courts, accessible via I-87, I-84, I-287, and the Taconic State Parkway. We are a personal injury lawyer near White Plains and the surrounding Hudson Valley communities.
We serve clients in White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, Bronxville, Rye, Ossining, Peekskill, Tarrytown, Mamaroneck, Port Chester, Dobbs Ferry, Larchmont, and Hastings-on-Hudson.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
By appointment only.
Frequently Asked Questions
What is the statute of limitations for a personal injury case in Westchester County?
Three years for most personal injury claims in New York (NY CPLR § 214). Wrongful death claims have a two-year limit. If your injury involves a municipality, you must file a Notice of Claim within 90 days.
What is New York’s “serious injury” threshold for car accident cases?
To recover for pain and suffering in a New York auto case, you must prove a “serious injury” as defined by Insurance Law § 5102(d). This includes fractures, significant disfigurement, or permanent loss of a body function.
How does comparative fault affect my personal injury claim in New York?
New York follows a pure comparative fault rule (NY CPLR Article 14-A). Your compensation is reduced by your percentage of fault. You can recover damages even if you are 99% at fault, though your recovery will be minimal.
Where are personal injury lawsuits filed in Westchester County?
Most personal injury lawsuits in Westchester County are filed in the Westchester County Supreme Court, located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601.
What types of damages can I recover in a Westchester County personal injury case?
You may recover economic damages (medical bills, lost wages) and non-economic damages (pain and suffering). New York has no statutory cap on damages for most personal injury cases.
Related Legal Services
For more information, see our New York Personal Injury Lawyer hub page. We also assist clients in nearby areas like Albany County. In Westchester County, our firm handles other matters including business law and civil litigation. Learn more about Mr. Sris.
Last verified: March 2026. Information updated as of March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.