Negligence Lawyer Brooklyn

Personal injury law in New York is built around the concept of negligence, the failure to exercise reasonable care that results in harm to another person. Negligence claims arise in many contexts throughout Brooklyn, from a slip and fall on a poorly maintained property to a car accident caused by an inattentive driver to a wide range of other incidents involving carelessness rather than intentional conduct. Kings County residents pursuing a negligence claim must generally prove that the defendant owed a duty of care, breached that duty, and caused injury as a result. How a claimant’s own conduct is treated also depends on the type of case involved, since New York applies different fault-related rules to different categories of claims.

The firm represents Brooklyn residents in a wide range of negligence-based personal injury claims, evaluating the circumstances of each incident, the parties potentially responsible, and the type of claim involved before advising on how to proceed. Because negligence claims can arise from many different situations, from premises liability to vehicle collisions to other forms of carelessness, correctly classifying the type of claim at issue affects both how fault is assessed and how much time a claimant has to file. Brooklyn residents who believe they were injured due to another person’s or entity’s negligence can request a consultation to discuss their situation by calling (888) 437-7747.

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What Negligence Means in Brooklyn

Brooklyn’s mix of residential neighborhoods, commercial districts, and heavily trafficked roadways throughout Kings County gives rise to a wide variety of negligence claims each year, from premises liability incidents to motor vehicle collisions. When a negligence claim cannot be resolved without litigation, it is generally filed in Kings County Supreme Court, part of New York’s Second Judicial District. Understanding what negligence means in this setting starts with New York’s general rule on comparative fault.

Under N.Y. C.P.L.R. § 1411(a), a claimant’s own culpable conduct does not bar recovery in a personal injury action. Instead, the damages awarded are diminished in proportion to the claimant’s own share of fault. This general rule applies broadly across many types of Brooklyn negligence claims, including premises liability, general carelessness, and other non-vehicle incidents. There is an important exception, however. Personal injury claims arising from the use or operation of a motor vehicle are instead governed by N.Y. C.P.L.R. § 1411(b), under which a claimant whose own fault is greater than the combined fault of the defendant or defendants is barred from recovering compensation at all, rather than simply having their damages reduced. Readers evaluating a car accident, motorcycle accident, or other motor vehicle-related claim should refer to the site’s motor vehicle-specific pages, since that stricter rule, not the general rule described here, controls those cases. Beyond the question of fault, New York negligence law includes different filing deadlines depending on the type of claim involved. An ordinary personal injury negligence claim is generally subject to a three-year deadline under N.Y. C.P.L.R. § 214(5), while a medical malpractice claim is generally subject to a two-year-and-six-month deadline under N.Y. C.P.L.R. § 214-a, and an intentional tort claim such as assault is subject to a much shorter one-year deadline under N.Y. C.P.L.R. § 215(3). Certain circumstances may toll or otherwise affect each of these periods. Correctly classifying a claim is therefore an essential step in understanding both how fault will be assessed and how much time is available to pursue it.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Negligence Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys begin a negligence case by identifying the specific type of claim involved, since New York law applies different standards to different categories of negligence. The firm evaluates whether a case involves a motor vehicle accident, subject to the stricter fault rule under N.Y. C.P.L.R. § 1411(b), or a non-vehicle negligence claim, such as a premises liability incident, subject to the general comparative fault rule under N.Y. C.P.L.R. § 1411(a). This initial classification affects how the firm approaches the evidence needed to establish duty, breach, causation, and damages.

Mr. Sris and the firm’s Of Counsel attorneys also confirm which filing deadline applies to a given claim, since an ordinary negligence claim, a medical malpractice claim, and an intentional tort claim are each governed by different periods under New York law. Throughout the evaluation process, the firm reviews the circumstances of the incident, gathers available documentation, and considers what parties may bear responsibility for the claimant’s injuries. Where more than one party may share fault, the firm works to develop an accurate picture of how responsibility should be apportioned under the applicable comparative fault rule. The firm keeps clients informed as a negligence claim moves from initial evaluation through negotiation with insurers or opposing parties and, where necessary, litigation in Kings County Supreme Court. Brooklyn residents who believe they have a negligence claim can call the firm’s intake line staffed 24/7 to begin the process of requesting a consultation.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded the firm in 1997 and continues to serve as its Owner and Founder. Before entering private practice, he worked as a former prosecutor, an experience that continues to inform how he evaluates negligence and personal injury claims today. Mr. Sris brings a background from George Mason University in accounting and information systems to the practice, which he has applied to complex financial and technology-related cases throughout his career. He is admitted to practice law individually in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

The firm’s Of Counsel attorneys work alongside Mr. Sris on personal injury matters, including negligence claims arising from a wide range of circumstances, throughout the areas the firm serves. The firm practices in personal injury claims grounded in negligence, and approaches each case by examining the applicable New York statutes, the parties potentially responsible, and the specific facts of the incident. Mr. Sris and the firm’s Of Counsel attorneys aim to keep clients informed as a claim proceeds from initial evaluation through negotiation and, where necessary, litigation in the appropriate New York court. Brooklyn residents who believe they were injured due to another party’s negligence can request a consultation to discuss their situation.

Frequently Asked Questions

What does a claimant have to prove in a New York negligence case?

A negligence claim generally requires showing that the defendant owed the claimant a duty of reasonable care, that the defendant breached that duty, and that the breach caused the claimant’s injuries and resulting damages. The specific duty owed can vary depending on the relationship between the parties and the circumstances involved, such as whether the claim arises from a property condition, a vehicle collision, or another type of incident. Because these elements must be supported by evidence, gathering documentation of the incident and the resulting injuries as early as possible can help support a negligence claim.

How does my own fault affect a negligence claim in Brooklyn?

Under N.Y. C.P.L.R. § 1411(a), a claimant’s own culpable conduct does not bar recovery in most personal injury actions. Instead, any damages awarded are reduced in proportion to the claimant’s own share of fault. There is an important exception for claims arising from the use or operation of a motor vehicle, which are instead governed by N.Y. C.P.L.R. § 1411(b). Under that rule, a claimant whose own fault is greater than the combined fault of the defendant or defendants is barred from recovering compensation entirely, rather than simply having damages reduced.

How long do I have to file a negligence claim in New York?

The filing deadline depends on the type of claim. An ordinary personal injury negligence claim is generally subject to a three-year deadline under N.Y. C.P.L.R. § 214(5). A medical malpractice claim is generally subject to a two-year-and-six-month deadline under N.Y. C.P.L.R. § 214-a, and an intentional tort claim, such as assault, is subject to a much shorter one-year deadline under N.Y. C.P.L.R. § 215(3). Certain circumstances may toll or otherwise affect any of these periods, so correctly classifying your claim as early as possible is important.

What is the difference between negligence and an intentional tort?

Negligence involves a failure to exercise reasonable care that results in harm, without any intent to cause injury. An intentional tort, such as assault, involves a deliberate act. New York law treats these categories differently, including with respect to filing deadlines: an ordinary negligence claim is generally subject to a three-year period under N.Y. C.P.L.R. § 214(5), while an intentional tort claim is generally subject to a much shorter one-year period under N.Y. C.P.L.R. § 215(3). Certain circumstances may toll or otherwise affect either period. Correctly identifying which category applies to your situation is an important part of evaluating a potential claim.

Does the comparative fault rule apply the same way to every type of injury claim?

No. New York’s general comparative fault rule under N.Y. C.P.L.R. § 1411(a) applies to most personal injury claims, including premises liability and other non-vehicle negligence claims, reducing rather than eliminating a claimant’s recovery based on their own fault. Claims arising from the use or operation of a motor vehicle are instead governed by N.Y. C.P.L.R. § 1411(b), a stricter rule under which a claimant more at fault than the defendant is barred from recovering entirely. Readers with a motor vehicle-related claim should review the site’s motor vehicle-specific pages for more detail on that rule.

The same rules apply outside Brooklyn, and our page on negligence claims across New York walks through each stage.