Brooklyn, New York · Silberstein & Miklos, P.C.
Serious car accidents demand more.
More investigation.
More understanding of the medicine.
More preparation.
We build the proof.
When a serious crash changes your life, a quick insurance claim is not enough. Silberstein & Miklos, P.C. investigates how the collision happened, preserves evidence before it disappears, identifies every responsible party, develops the medical proof, anticipates the defense, and prepares the case as though it may have to be tried.
Free case review · No fee unless there is a recovery · Se habla español · Brooklyn office 718-204-8000
Not sure whether you have a case? Start with a free case review.We will quickly review your situation, explain your options and help you understand what to do next.
Get my free case reviewInjured in a Brooklyn car accident
A crash can leave you dealing with pain, missed work, medical appointments, vehicle damage and an insurance company already gathering information. In a serious injury case the question is not simply whether a claim exists. The question is whether the evidence is preserved and organized well enough to prove fault, causation, damages and the full future impact of the injury.
That is why our Brooklyn car accident work is built around preparation. We investigate the crash, preserve the proof, understand the medicine, identify every responsible party and insurance source, anticipate what the defense will argue, and prepare the case for negotiation or trial.
Our Brooklyn car accident work covers the Brooklyn-Queens Expressway, the Belt Parkway, Atlantic Avenue, Flatbush Avenue and the approaches to the Brooklyn, Manhattan and Williamsburg bridges, from our office at 300 Cadman Plaza West. We handle the 30-day no-fault filing, the 90-day Notice of Claim when a City vehicle is involved, and the proof the insurer will demand.
SAM Brooklyn office
Brooklyn traffic safety snapshot
NYC DOT reported 63 traffic deaths in Brooklyn in 2025, down from 69 in 2024 — a 9% decline. Brooklyn still records more traffic deaths than any other borough.
That is a meaningful improvement, but Brooklyn still lost 63 people to traffic crashes in a single year. Serious collisions continue on the expressways, the Belt Parkway, the bridges and the borough’s arterial streets, where commercial trucks, buses, pedestrians, cyclists, rideshare vehicles and commuters share a dense road network.
Sources: NYC DOT, “Traffic Deaths Reach All-time Low” (Jan. 2, 2026), borough figures as reported in city coverage of that release · NYPD Motor Vehicle Collisions data, NYC Open Data (Jan. 1 to May 17, 2026), distinct collisions in Brooklyn. Police crash data is preliminary and changes as reports are filed.
Why injured people across Brooklyn choose Ask4SAM
We investigate crash data, surveillance, witnesses, vehicle evidence and other proof that can establish how the collision happened.
We do not treat your case as an insurance form. We develop the liability, medical causation and damages evidence needed to prove the claim.
We investigate drivers, vehicle owners, employers, companies and others who may be legally responsible.
Settlement may resolve the case, but we prepare the evidence so it can be presented in court if necessary.
Silberstein & Miklos, P.C. has a Brooklyn office and decades of New York City injury-law experience, including Brooklyn County litigation.
We explain your case in plain English, keep you updated on the evidence being developed and tell you what comes next.
Where Brooklyn crashes happen
The corridor a crash happened on changes what evidence exists, who maintains the roadway and which defendants are in the case.
Freight, commuters and tight elevated curves. Multi-vehicle crashes and lane-change disputes on the BQE often turn on commercial-vehicle records and roadway-condition evidence.
High-speed parkway traffic, merges and shoulder breakdowns produce rear-end and lane-change crashes, with roadway design and maintenance records sometimes relevant.
A long commercial arterial with heavy truck traffic, bus lanes and dense intersections where signal timing and visibility control the fault dispute.
Bus, pedestrian and turning traffic at a dense sequence of intersections makes yielding, signal and sight-line evidence central.
Wide, fast parkway-style boulevards with service roads, crossing pedestrians and cyclists, where speed and crossing behaviour drive the case.
Ramp geometry, merge conflicts and heavy peak-hour volume create multi-vehicle crashes and complicated fault allocation.
Neighborhood arterials with bus routes, double parking and pedestrian crossings, where visibility and right-of-way evidence decide the claim.
Brooklyn mixes freight, buses, rideshare vehicles, commuters, pedestrians and cyclists on the same limited network. Tailgating, speeding, abrupt lane changes, failure to yield, double parking and distracted driving can all become liability issues depending on the facts.
Construction zones and aging infrastructure add another layer: narrowed lanes, detours, inadequate warnings, potholes, damaged road surfaces, lighting, signals, signage and guardrails may all be relevant.
When roadway design, maintenance or construction contributes to a crash, the investigation may extend beyond the drivers to the City, contractors or other responsible parties.
Types of car accidents we handle in Brooklyn
Common injuries
The medical consequences of a crash range from temporary symptoms to permanent disability. The claim should be prepared around the actual diagnosis, objective findings, treatment, prognosis and functional impact, not merely an injury name.
Medical treatment after a Brooklyn car accident
People injured in Brooklyn crashes may receive emergency or follow-up care at NYC Health + Hospitals/Kings County, Maimonides Medical Center, NYU Langone Hospital—Brooklyn, NewYork-Presbyterian Brooklyn Methodist Hospital, Brookdale University Hospital Medical Center, or other facilities across the borough.
What matters is the medical record: when symptoms were first reported, the objective findings, imaging, treatment, surgery recommendations, functional limitations, prognosis, and how the post-crash condition compares with any prior medical history.
What compensation may be available
Available damages depend on fault, the injuries, insurance coverage, New York law and the quality of the medical and financial proof.
Past medical expenses, rehabilitation, medication, lost earnings, property damage and other documented out-of-pocket losses, when supported by the evidence.
Future surgery, therapy, medical care, assistive needs and diminished earning capacity, proved with medical and economic evidence.
Where New York law permits recovery: pain and suffering, disability, emotional harm, loss of enjoyment of life and, where applicable, loss of consortium.
A spouse may have a derivative loss-of-consortium claim when the facts support it.
Not available in an ordinary negligence case. They may be considered only in the comparatively rare case involving conduct sufficiently reckless, wanton or egregious to satisfy New York law.
New York's no-fault system
Basic no-fault (PIP) coverage pays certain economic losses regardless of fault. It does not compensate pain and suffering or fully replace every economic loss.
30-day deadline. Written notice of a no-fault claim generally must be provided as soon as reasonably practicable and no later than 30 days after the accident, unless a clear and reasonable justification for late notice applies.
No-fault does not pay for pain and suffering. For non-economic loss, New York requires a “serious injury” under Insurance Law § 5102(d); see the 2026 changes below.
Source: New York State Department of Financial Services, Consumer FAQs About No-Fault Insurance.
Effective for actions commenced on or after May 26, 2026
For motor-vehicle cases subject to New York Insurance Law Article 51, recovery of non-economic loss generally requires a “serious injury” under Insurance Law § 5102(d): death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential limitation of use, or significant limitation of use.
New York removed the former 90/180-day “non-permanent” serious-injury category. Proof of a qualifying permanent or significant injury matters more than ever.
Recovery is barred when the claimant's culpable conduct is greater than the combined culpable conduct of the persons sued. If recovery is not barred, the claimant's share of fault still reduces damages, so fault evidence is decisive.
A cap on non-economic damages can apply to certain at-fault injured drivers: specified uninsured, impaired-and-convicted, or felony-related cases. The cap does not apply to death actions.
Source: New York State Department of Financial Services, Insurance Circular Letter No. 3 (2026) (Chapter 58 of the Laws of 2026, Part EE).
Questions about which New York auto rules apply to your crash? ASK SAM. Free case review · 1-877-ASK4SAM
Who may be responsible
The investigation should identify every entity whose conduct, ownership, employment relationship, product, roadway or work zone may have contributed.
Vehicle and Traffic Law § 388 makes an owner liable for a driver operating with permission.
Where the employee was acting within the scope of employment.
Where coverage or responsibility applies to the platform, the fleet or the driver.
In an appropriate dram shop case under General Obligations Law § 11-101.
In a defect case involving the vehicle or a component.
Responsible for roadway design, traffic controls or maintenance.
Or another entity that created an unsafe work zone.
How SAM builds a Brooklyn car accident case
We learn how the crash happened, what changed medically and financially, and which deadlines or insurance issues may control.
Police and EMS records, photographs, surveillance, dashcam video, witnesses, roadway conditions and other time-sensitive proof.
Impact points, vehicle positions, traffic controls, road design, event data and reconstruction evidence where needed.
Beyond the obvious driver: owners, employers, carriers, contractors, municipalities, manufacturers.
Diagnoses, imaging, treatment, surgery, prior conditions, prognosis and functional limitations, so the medical evidence addresses causation and damages.
Comparative fault, preexisting conditions, treatment gaps, low impact, inconsistent histories, surveillance and claimed failure to mitigate.
Past and future medical costs, wage loss, diminished earning capacity, disability, household impact and the human consequences of the injury.
Witnesses, experts, records, demonstrative proof and legal theories organized so the case can be presented if it cannot be resolved fairly.
The evidence tells the story
A strong investigation asks what evidence exists, how long it will remain available, what the defense will challenge and what expert analysis may be needed.
What the defense may argue
We prepare every Brooklyn case for the arguments insurers and defense lawyers actually make.
What the defense says
What the proof must answer
You caused or mostly caused the crash.
Video, photographs, witnesses, vehicle positions, road design, signal timing, event data and reconstruction.
The impact was too minor to cause these injuries.
The medical record, biomechanics where appropriate, imaging, treating history and expert analysis on the relationship between the collision and the injury.
Your condition was preexisting.
Prior records, post-crash imaging, changes in symptoms and function, treating opinions and comparative medical evidence.
You waited too long for treatment.
The timeline, initial symptoms, access to care, intervening events and the medical explanation.
You recovered quickly.
Ongoing limitations, objective findings, work impact, future recommendations and credible testimony.
The damages are exaggerated.
Consistent medical evidence, wage records, family or coworker testimony, expert proof and day-to-day documentation.
The evidence can disappear quickly
Surveillance is overwritten. Vehicles are repaired or sold. Witnesses move. The sooner the investigation starts, the more of the proof is still there.
Free consultation. No fee unless we recover. Se habla español.
What happens behind the scenes while you recover
While treatment continues, the legal team may be preserving evidence, collecting records, investigating insurance coverage, coordinating experts, evaluating liens, documenting wage loss, preparing witnesses, taking depositions, opposing motions and building a trial record.
The point is not activity for its own sake. The point is to make sure the proof is ready when the defense tests the case.
Settlement timing should be based on the medical and litigation picture, not an arbitrary calendar. In a serious-injury case it is often important to understand these before the claim is valued:
We listen, identify immediate deadlines and explain the next steps.
We preserve liability and medical evidence and identify responsible parties and insurance.
Treatment, experts, depositions, damages documentation and motion practice as needed.
We evaluate resolution when the proof and the medical picture are sufficiently developed, and prepare for trial when necessary.
What to do after a car accident in Brooklyn
Request medical help when needed and create an official record of the collision.
Some symptoms appear or worsen after the initial shock of the crash.
Vehicles, plates, the road, signals, construction, debris, injuries and nearby cameras, if you can do so safely.
Get names, phone numbers and brief observations.
Police information, insurance correspondence, medical paperwork, receipts and wage-loss records.
Recorded statements and public posts can later be used to challenge fault, injuries or limitations.
Written notice generally must be provided within 30 days unless a legally sufficient justification applies.
Government vehicles, roadway defects, hit-and-run matters, commercial vehicles and catastrophic injuries may involve additional deadlines and evidence.
Deadline references: CPLR § 214 (general three-year personal-injury limitations period) · General Municipal Law § 50-e (90-day notice rule when applicable to a public corporation).
Claim deadlines at a glance
Who hit you decides which clock is running.
| Deadline | Applies to | Authority |
|---|---|---|
| Generally within 30 days | No-fault application to the insurer of the vehicle you were in or, if you were walking or cycling, the vehicle that struck you. Late filing needs a written reasonable justification. | 11 NYCRR § 65-1.1 (DFS) |
| Generally within 90 days | Notice of Claim against the City of New York: an NYPD, Sanitation, DOT or other City vehicle, or a City-maintained road defect. Suit within one year and 90 days. | GML § 50-e, § 50-i |
| Generally within 90 days | Notice of Claim against the New York City Transit Authority or MaBSTOA, a city bus. Suit within one year and 90 days. | Public Authorities Law § 1212 |
| Demand, then 30 days; suit within 1 year 90 days | MTA Bus Company and other MTA subsidiaries: a written demand and a 30-day wait before suit. The GML notice-of-claim requirement does not apply to the subsidiaries. | Public Authorities Law § 1276 |
| Generally within 90 days | Claim or notice of intention against the State of New York: a State vehicle or a State-maintained road. Filed in the Court of Claims. | Court of Claims Act § 10(3) |
| Generally 3 years | Lawsuit for injuries against a private driver, vehicle owner, employer, rideshare company or trucking company. | CPLR § 214(5) |
| Generally 2 years | Wrongful death, from the date of death. The public-defendant notice rules above still apply. | EPTL § 5-4.1 |
| Paused for a child | The lawsuit deadline is tolled while the injured person is under 18. Notice of Claim deadlines are not automatically extended, but a court may permit a late notice. | CPLR § 208; GML § 50-e(5) |
Attorney Advertising. Deadlines can be shorter or longer depending on the parties, the injuries and the type of claim. Talk to a lawyer before relying on any date above.
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Where this page sits
Related Ask4SAM topics
Explore related Ask SAM resources for deeper answers to common Brooklyn and New York car accident questions.
Dram-shop liability, borrowed vehicles and owner liability, NYCHA accident claims, how long a case may take, and property damage versus injury claims are covered in the sections above and in the FAQ. Ask SAM a specific question if yours is not answered here.
What our Brooklyn clients say
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Read the firm's client reviews on Google or on the reviews page.
Free guide
The Ask4SAM New York car accident guide sets out the first decisions that protect a claim, including:
PDF · 12 pages · Updated October 17, 2026 · No cost, no form required
Legal references
The rules below shape what can be recovered and from whom. Time limits are in the deadline table above. Rules vary with the facts; confirm how each applies to your case with an attorney.
A lawsuit for pain and suffering after a crash requires a qualifying injury, such as a fracture, a significant limitation of a body function or a permanent consequential limitation. For actions commenced on or after May 26, 2026 the 90/180-day category no longer applies. Read § 5102 on nysenate.gov
Basic economic loss, up to $50,000 in medical bills and lost earnings, is paid by no-fault and cannot be sued for; the lawsuit is for losses beyond it and for pain and suffering. Read § 5104 on nysenate.gov
Your share of fault reduces your recovery. For motor-vehicle actions commenced on or after May 26, 2026, recovery is barred when your fault exceeds the defendants' combined fault; other kinds of cases keep the pure comparative rule. Read § 1411 on nysenate.gov
A vehicle owner is liable for injuries caused by anyone driving with permission, which brings the owner's insurance into the case. Read § 388 on nysenate.gov
Every driver must exercise due care to avoid hitting a pedestrian or bicyclist; a violation is evidence of negligence in the civil case. Read § 1146 on nysenate.gov
A driver of an authorized emergency vehicle responding to a call is liable only for reckless disregard for the safety of others, a higher bar than ordinary negligence. Whether the privilege applies depends on what the vehicle was doing. Read § 1104 on nysenate.gov
For actions commenced on or after May 26, 2026, non-economic damages are capped at $100,000 for specified at-fault drivers: uninsured drivers, drivers convicted of impaired driving in the crash, and drivers committing a felony. Victims of those drivers are not capped. DFS circular and consumer guidance
GML §§ 50-e and 50-i, Public Authorities Law §§ 1212 and 1276, Court of Claims Act § 10, CPLR §§ 214 and 208 and EPTL § 5-4.1 are set out, by defendant, in the deadline table above.
Attorney Advertising. Prior results do not guarantee a similar outcome. This page is general information about New York law and Brooklyn practice, not legal advice about any particular case.
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Silberstein & Miklos, P.C. · 300 Cadman Plaza West, Brooklyn, NY 11201 · 1-877-ASK4SAM