Long Island
Personal Injury Lawyer on Long Island
Hurt in an accident that was not your fault? Winkler Kurtz LLP has recovered millions for injured Long Islanders since 1987. Free consultation. No fee unless we win.
UNDERSTANDING YOUR RIGHTS
What counts as a personal injury case in New York?
A personal injury case exists when someone else's negligence causes you physical harm. Negligence means a person or company failed to act with reasonable care, and that failure directly caused your injuries. In New York, you have the right to seek compensation for medical expenses, lost income, pain and suffering, and other damages that resulted from the accident.
Not every injury leads to a lawsuit. New York operates under a "no-fault" auto insurance system, which means your own insurance covers initial medical bills and lost wages regardless of who caused the accident. But when injuries are "serious" under New York Insurance Law Section 5102(d), meaning they involve fractures, permanent limitation of a body organ or member, significant disfigurement, or similar conditions, you can step outside the no-fault system and file a claim directly against the person who caused your injuries.
This is where having the right attorney matters. Insurance companies are not on your side. Their adjusters are trained to minimize payouts, delay treatment approvals, and push you toward quick settlements that do not cover your actual losses. A personal injury lawyer evaluates the full scope of your damages, gathers the evidence needed to prove fault, and negotiates or litigates to recover what you are actually owed.
Winkler Kurtz LLP has handled personal injury cases across Long Island since 1987. We know the difference between a case that settles at the negotiation table and one that needs to go to trial, and we prepare every case as if it is going to trial.
Personal Injury Areas of Practice
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Rear-end collisions, intersection crashes, highway pileups, hit-and-runs. Car accidents are the most common personal injury cases on Long Island. We handle the insurance companies, the medical documentation, and the legal strategy so you can focus on healing.
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Motorcyclists face serious bias from insurance companies and juries. Broken bones, road rash, traumatic brain injuries, and spinal cord damage are common. We build cases that focus on the negligent driver, not the rider.
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Tractor-trailers, delivery trucks, and commercial vehicles cause some of the most devastating injuries on Long Island roads. These cases involve federal regulations, multiple liable parties, and aggressive corporate defense teams. We know how to fight them.
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When negligence takes a life, surviving family members can seek compensation under New York EPTL Section 5-4.1. These cases require sensitivity, legal precision, and a willingness to hold responsible parties accountable. We handle them with care and determination.
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Wet floors, broken stairs, icy sidewalks, poor lighting. Property owners in New York have a legal duty to maintain safe conditions. When they fail and you get hurt, premises liability law gives you the right to pursue a claim.
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Surgical errors, misdiagnosis, delayed treatment, medication mistakes. Medical malpractice cases require expert testimony and a deep understanding of both medicine and law. New York has a 2.5-year statute of limitations for these claims.
HOW WE BUILD YOUR CASE
OUR PROCESS
From your first call to your recovery
Free Case Evaluation
You call 631-928-8000 or submit our online form. We respond fast. During your free consultation, one of our attorneys reviews your situation, explains your legal options, and gives you an honest assessment of your case. There is never a charge for this meeting.
Investigation and Evidence Collection
If we take your case, our team goes to work immediately. We obtain police reports, medical records, surveillance footage, witness statements, and expert opinions. We document your injuries, your treatment, and the impact the accident has had on your daily life and your ability to work.
Filing Your Claim and Negotiating with Insurance
We file your claim, handle all communication with the insurance company, and demand full compensation for your medical expenses, lost wages, pain and suffering, and any future treatment you will need. We do not accept lowball offers. If the insurance company will not pay what your case is worth, we prepare for trial.
Trial or Settlement
Most personal injury cases settle before trial. But the reason we get strong settlements is because insurance companies know we will go to trial if necessary. Our attorneys have tried cases in Suffolk County Supreme Court, Nassau County Supreme Court, and federal courts across the Eastern District of New York. You pay nothing unless we recover money for you.
HOW WE GET PAID
You pay nothing unless we win your case
No retainer. You do not pay anything to hire us.
No hourly billing. We do not charge by the hour.
No costs upfront. We advance all case expenses, including court fees, expert witness fees, and investigation costs.
We only get paid if you get paid. Our fee is a percentage of the recovery we win for you. If we do not win, you owe us nothing.
This arrangement exists because we believe every injured person deserves access to quality legal representation, regardless of their financial situation. The insurance company has a team of lawyers. You should too.
Personal injury cases at Winkler Kurtz LLP are handled on a contingency fee basis. That means:What sets us apart isn’t just our process—it’s the intention behind it. We take time to understand, explore, and create with purpose at every turn.
WHY CHOOSE US
Why Long Island families trust Winkler Kurtz LLP
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Founded in 1987 by Jim Winkler, Sandy Kurtz, and Rich Winkler, our firm has been fighting for injured Long Islanders for nearly four decades. We have recovered millions in settlements and verdicts across every type of personal injury case.
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Five of our attorneys have been named to the New York Metro Super Lawyers list, a recognition given to fewer than 5% of practicing attorneys. Founding partner Richard Winkler has held this distinction continuously since 2013.
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Partner James Winkler holds the AV Preeminent peer review rating from Martindale-Hubbell, the highest achievable mark for legal ability and ethical standards in the profession.
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With each victory, we demonstrate our commitment to navigating complex legal challenges, consistently securing favorable resolutions and delivering justice.
Our track record stands as a testament to our relentless pursuit of excellence, setting a remarkable standard within the legal community.
$3.4 Million
9-year-old girl who sustained a traumatic brain injury with hemiparesis from a head-on automobile collision.
$3.0 Million
48-year-old union painter who sustained bilateral shoulder tears and herniated disc requiring discectomy and fusion following a fall from a ladder.
$2.5 Million
Wrongful death of a university professor and his wife who left one adult son surviving them following a motor vehicle accident.
$2.0 Million
Woman who suffered brain hemorrhages and multiple fractures following a rear-end collision on the Long Island Expressway.
$1.9 Million
Young woman in a medical malpractice action involving the failure to diagnose and treat a ruptured appendix.
KNOW YOUR RIGHTS
Key facts about personal injury law in New York
Statute of Limitations In New York, you generally have 3 years from the date of an accident to file a personal injury lawsuit. For medical malpractice, the deadline is 2 years and 6 months. If a government entity is involved (a city bus, a state highway defect, a municipal building), you may need to file a Notice of Claim within just 90 days. Missing these deadlines can permanently bar your case.
Comparative Negligence New York follows a "pure comparative negligence" rule under CPLR Section 1411. This means you can still recover damages even if you were partially at fault for the accident. Your compensation is reduced by your percentage of fault. For example, if a jury finds you 20% responsible and awards $500,000, you would receive $400,000.
No-Fault Insurance New York's no-fault auto insurance system (Insurance Law Article 51) requires your own insurance company to pay for your initial medical bills and lost wages, regardless of who caused the accident. But this coverage has limits. To sue the at-fault driver directly, your injuries must meet the "serious injury" threshold defined by Insurance Law Section 5102(d).
Serious Injury Threshold Under New York law, a "serious injury" includes: death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or member, permanent consequential limitation of use, significant limitation of use, or a medically determined injury that prevents you from performing your usual daily activities for at least 90 of the 180 days following the accident. Meeting this threshold is often contested by insurance companies, and having medical documentation and legal representation is critical.
Common questions about personal injury claims on Long Island
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At Winkler Kurtz LLP, there is no upfront cost. We work on a contingency fee basis, which means we only get paid if we win your case. Our fee is a percentage of the recovery. If we do not recover compensation for you, you owe us nothing.
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The general statute of limitations for personal injury in New York is 3 years from the date of the accident. Medical malpractice claims have a shorter deadline of 2 years and 6 months. If a government entity is involved, a Notice of Claim may need to be filed within 90 days. Call us as soon as possible so we can protect your rights.
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You may be entitled to compensation for medical bills (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. In wrongful death cases, families can also recover funeral expenses and loss of financial support.
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It depends on the complexity of the case. Simpler cases with clear liability and documented injuries may settle within 6 to 12 months. Cases that require litigation or involve contested medical issues can take 2 to 3 years or longer. We never rush a settlement just to close a file.
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Yes. New York follows pure comparative negligence rules. You can recover compensation even if you were partially responsible for the accident. Your award is reduced by your percentage of fault, but you are not barred from recovering.
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Most personal injury cases settle before trial. However, we prepare every case as if it will go to trial. Insurance companies know which firms actually try cases and which do not. Our track record in the courtroom strengthens our negotiating position at every stage.
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Seek medical attention, even if you feel fine. Call 911 if anyone is injured. Document the scene with photos and get contact information from witnesses. Do not give a recorded statement to the other driver's insurance company. Contact a personal injury lawyer before accepting any settlement offer.
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Workers' compensation covers most workplace injuries, but if a third party (a subcontractor, equipment manufacturer, or property owner) was negligent, you may also have a personal injury claim. New York Labor Law provides additional protections for construction workers injured due to gravity-related hazards, falling objects, and unsafe work conditions.
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Do not accept it without speaking to a lawyer first. Early settlement offers from insurance companies are almost always lower than what your case is actually worth. Once you accept, you give up the right to pursue any further compensation, even if your injuries turn out to be worse than initially diagnosed.
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New York Insurance Law Section 5102(d) defines "serious injury" to include fractures, permanent loss of use, significant limitation of use, significant disfigurement, and injuries that prevent you from performing your usual activities for at least 90 of the 180 days following the accident. Our attorneys review your medical records and work with your doctors to establish whether your injuries meet this threshold.
FAQ
SERVICE AREA
Serving accident victims across Long Island
Winkler Kurtz LLP represents personal injury clients throughout Suffolk County and Nassau County from our office in Port Jefferson Station. We handle cases for clients in Port Jefferson Station, Setauket, Smithtown, Centereach, Stony Brook, and Lake Ronkonkoma. We also serve clients in Selden, Coram, Middle Island, Miller Place, Rocky Point, Wading River, Ridge, Yaphank, Brookhaven, Medford, Farmingville, Patchogue, Holbrook, Bohemia, Islandia, Hauppauge, Central Islip, St. James, Nesconset, Ronkonkoma, Shirley, Mastic, Mastic Beach, and the Hamptons. If your accident happened anywhere on Long Island, call 631-928-8000.
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Long Island, New York, is a sprawling, densely-populated island in the southeastern part of the state. It stretches about 118 miles from New York Harbor into the Atlantic Ocean, and is made up of four counties: Kings (Brooklyn), Queens, Nassau, and Suffolk. Brooklyn and Queens, the westernmost counties, are also boroughs of New York City. The island is renowned for its significant role in the history of aviation, its affluent suburbs, and its vibrant cultural life. This article delves into the demographics, education system, and tourism opportunities that make Long Island a unique and dynamic region.
Demographics
Long Island is one of the most densely populated regions in the United States, with a complex and diverse demographic makeup. As of the latest U.S. Census, the population of Nassau and Suffolk Counties alone exceeds 2.8 million residents, while the total for the entire island, including Brooklyn and Queens, reaches approximately 7.8 million people. This makes it one of the most populous islands in the U.S. and indeed the world.
The demographic composition of Long Island is varied, with a significant representation of various ethnic and racial groups. Historically, the island has had a predominantly white population, but recent decades have seen an increase in diversity. There is a significant Hispanic community, which makes up about 20% of the population in Nassau and Suffolk. African Americans, Asians, and other groups also have substantial representations. This diversity is reflected in the myriad cultural festivals, restaurants, and businesses found across the island.
Education
Education on Long Island is distinguished by its high performance and vast array of institutions. The island is home to several nationally recognized public school districts such as Jericho, Manhasset, and Great Neck – all known for their strong academic programs and high college-admission rates. Additionally, there are numerous private schools that offer specialized educational programs, including religious and preparatory tracks.
Higher education also plays a significant role in the fabric of Long Island. The region boasts several prestigious universities and colleges. Stony Brook University, part of the State University of New York system, is renowned for its strong STEM and health sciences programs. Hofstra University in Hempstead offers a broad array of undergraduate and graduate programs, and its debates during the U.S. presidential elections highlight its involvement in national discourse. Adelphi University and LIU Post provide additional opportunities for higher education, emphasizing both academic rigor and community engagement.
Tourism
Tourism is a vital part of Long Island's economy, drawing visitors from around the globe with its beaches, historic sites, and vineyards. The island's South Shore, with its white sandy beaches and bustling boardwalks, is popular in the summer months. Jones Beach State Park, one of the most famous seaside attractions in New York, offers miles of beaches, an amphitheater, and a nature center.
Beyond the beaches, the North Shore offers a glimpse into the island's "Gold Coast" era, famously immortalized by F. Scott Fitzgerald in "The Great Gatsby." Here, visitors can explore opulent mansions and sprawling estates that harken back to the early 20th century. Oheka Castle and Old Westbury Gardens are prime examples of this extravagant past.
Long Island is also celebrated for its contributions to aviation history. The Cradle of Aviation Museum in Garden City tells the story of the island’s pivotal role in the aerospace industry. Further enhancing its cultural landscape, Long Island is home to a thriving wine country. The North Fork, in particular, is dotted with vineyards that offer tours and tastings, making it a popular destination for wine enthusiasts.
Long Island offers a rich tapestry of cultural, educational, and recreational opportunities. Its diverse demographics enrich the cultural experience, while top-tier educational institutions prepare students for global challenges. Tourists are drawn to its historical sites and natural beauty, making it a unique destination in New York's metropolitan area. Whether it's exploring lush vineyards, enjoying pristine beaches, or learning about the rich history of aviation, Long Island offers a multifaceted experience that caters to a wide array of interests and backgrounds.
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Suffolk County, Port Jefferson, Port Jefferson Station, Selden, Coram, Middle Island, Miller Place, Rocky Point, Wading River, Ridge, Yaphank, Brookhaven, Medford, Farmingville, Patchogue, Holbrook, Centereach, St. James. Nesconset, Smithtown, Ronkonkoma, Bohemia, Islandia, Hauppauge, Central Islip, Hamptons, Mastic, Mastic Beach, Shirley
Injured on Long Island? Call us now.
The insurance company is already building its case. You should be building yours. Call 631-928-8000 today for a free, no-obligation consultation with a Long Island personal injury lawyer. We have been fighting for accident victims since 1987, and we only get paid when you do. Every conversation starts with your story. We listen, we evaluate, and we give you straight answers about your options. Winkler Kurtz LLP. 4.9 stars. 90 reviews. 38 years. Five Super Lawyers. One mission: your recovery.