Personal Injury Lawyer in Westchester County, NY
New York Personal Injury Law
Personal injury law in New York allows you to seek compensation when someone else’s negligence causes you harm. Key statutes include NY CPLR Article 14-A (comparative fault) and Insurance Law § 5102 (serious injury threshold for auto cases).
Last verified: March 2026 | Westchester County Supreme Court | New York State Legislature
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm’s approach is based on direct legal experience and a detailed understanding of local court procedures.
Official Legal Resources
- NY CPLR Article 14-A (official New York State Legislature) – The statute governing comparative fault in personal injury cases.
- Westchester County Supreme Court website (nycourts.gov) – For court forms, rules, and filing information.
Westchester County Court Process
Personal injury cases in Westchester County are filed in Supreme Court, which has unlimited jurisdiction. The process involves specific local rules and timelines.
- Seek Medical Attention & Preserve Evidence: Document all injuries and treatments. Gather photos, witness contacts, and police reports. Do not discuss fault with insurance adjusters before consulting an attorney.
- File a Notice of Claim (If Applicable): If your injury involves a municipality (city, county, school district), you must file a Notice of Claim within 90 days of the incident to preserve your right to sue.
- File a Summons & Complaint in Supreme Court: Your attorney will file the lawsuit in Westchester County Supreme Court. You must pay a $210 index number fee to initiate the case.
- Proceed Through Discovery & Conferences: Exchange evidence (discovery). Attend mandatory preliminary and compliance conferences set by the court to schedule the case for trial.
- File a Note of Issue & Prepare for Trial: Once discovery is complete, file a Note of Issue to place the case on the trial calendar. The court will then assign a trial date.
Potential Damages and Compensation
In Westchester County, a personal injury claim can recover compensation for medical bills, lost wages, and pain and suffering, with no statutory cap on economic or non-economic damages under New York law.
| Case Type | Key Legal Standard | Statute of Limitations | Filing Fee | Recovery Principle |
|---|---|---|---|---|
| General Personal Injury | Negligence | 3 years (NY CPLR § 214) | $210 | Pure Comparative Fault |
| Wrongful Death | Negligence causing death | 2 years (EPTL § 5-4.1) | $210 | Damages for survivors |
| Municipal Liability | Notice of Claim required | 90 days to file Notice | $210 | Same as general injury |
| Auto Accident (Pain/Suffering) | Must meet “Serious Injury” threshold (Insurance Law § 5102(d)) | 3 years | $210 | Fault-based, subject to threshold |
Results may vary. The outcome of any legal matter depends on the specific facts and circumstances.
Firm Credentials
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have over 120 years of combined legal experience. We focus on providing clear guidance through complex legal procedures. Our tagline is “Global advocacy. Local precision.”
Case Results
Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation in 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.
Personal injury lawyer near Westchester County and the surrounding communities of 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.
Phone: (888) 437-7747 | Local: (703) 636-5417
Frequently Asked Questions
What is the statute of limitations for personal injury in Westchester County?
Three years for most personal injury claims in New York (NY CPLR § 214). Wrongful death claims have a two-year deadline. Municipal claims require a Notice of Claim within 90 days.
What is New York’s serious injury threshold for auto accidents?
Yes. To recover for pain and suffering in an auto case, you must prove a ‘serious injury’ as defined in NY Insurance Law § 5102(d). This includes fractures, significant disfigurement, or permanent loss of a body function.
How does comparative fault affect my Westchester County injury case?
New York uses pure comparative fault (NY CPLR Article 14-A). Your recovery is reduced by your percentage of fault. If you are 30% at fault, you can still recover 70% of your damages.
Where are personal injury lawsuits filed in Westchester County?
They are filed in Westchester County Supreme Court, which has unlimited jurisdiction over civil matters. The court is located at 111 Dr. Martin Luther King Jr. Blvd, White Plains, NY 10601.
What is a typical contingency fee for a personal injury lawyer?
One-third (33⅓%) of the recovery is standard in New York, as regulated by court rules. Fees are only paid if you win. Additional costs like filing fees and experienced witness fees may be advanced by the firm.
Related Legal Information
Last verified: March 2026. Information updated as of 2026-02-20. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.