From the Desk of Mark David Shirian

How to Choose the Right NYC Personal Injury 
Lawyer for Your Case

January 8, 2026  
By Mark David Shirian

 Choosing the right legal representation after an accident is a decision that impacts the rest of your life. New York City presents a unique legal landscape where the stakes are high and the opposition is well-funded. To ensure you receive the compensation you deserve, you must look beyond flashy advertisements and evaluate a firm based on its specialization, trial readiness, local experience, and track record of success.

1. Look for Specialized Personal Injury Expertise The law is vast. Just as you wouldn’t visit a dermatologist for a heart condition, you shouldn't hire a "general practice" lawyer for a serious injury claim. You need a specialist who understands the nuances of New York’s specific liability statutes, such as:

  • Labor Law Section 240/241: Essential for construction accidents and "scaffold law" claims.
  • Insurance Law Section 5102: The "serious injury threshold" required to sue beyond No-Fault benefits.
  • Vicarious Liability: Critical for cases involving commercial delivery trucks or employees of large corporations.

Mark David Shirian P.C. focuses on high-stakes personal injury and employment litigation, ensuring our strategies are built on deep, specialized knowledge.

2. Evaluate Their Trial Readiness Many firms operate as "settlement mills." They take on thousands of cases and try to resolve them as quickly as possible for the first offer the insurance company makes. While settling is often the goal, the best settlements are reached when the insurance company knows your lawyer is willing and able to go to trial. When interviewing a lawyer, ask:

  • "How many cases have you taken to a jury verdict in the last two years?"
  • "Are you prepared to file a lawsuit if the initial settlement offer is low?"

A lawyer who is recognized by organizations like The National Trial Lawyers: Top 40 Under 40—a distinction held by Mark David Shirian—signals to the opposition that you are prepared to fight in court if necessary.

3. Prioritize Local NYC Experience New York City courts are a world unto themselves. A lawyer who primarily practices in Albany or out of state may not understand the specific "venue" advantages of filing in the Bronx versus Manhattan, or the local rules of the Kings County Supreme Court. A local NYC lawyer understands:

  • The Jury Pool: How local residents view negligence and damages.
  • The Judges: Familiarity with how specific judges rule on pre-trial motions.
  • The Defense Firms: Knowing the tactics used by the specific law firms representing NYC's biggest insurance companies.

 

4. The Power of Personalized Attention In a large firm, your case might be passed down to a junior associate or a paralegal. You may only speak to the "name partner" during your first meeting. At Mark David Shirian P.C., we pride ourselves on being "small enough to care, but big enough to win." You deserve a lawyer who:

  • Returns your phone calls within 24 hours.
  • Knows the details of your medical recovery without looking at a file.
  • Explains complex legal jargon in plain English.

5. Investigate Case Results and High-Profile Success Past performance is a strong indicator of future results. Look for a firm that has successfully challenged large entities, such as Fortune 500 companies or government agencies. For example, Mark David Shirian has earned a reputation for spearheading high-profile litigation featured on NBC, ABC, and The New York Times. Whether it is a seven-figure settlement or a landmark civil rights victory, these results prove the firm has the resources to stand up to the "Goliaths" of the industry.

6. Understanding the Contingency Fee Structure You should never have to pay out-of-pocket to hire a top-tier personal injury lawyer. In New York, the industry standard is a contingency fee, usually 33.3% (one-third) of the final recovery. Key things to verify:

No Win, No Fee: Ensure the firm clearly states you owe $0 if they do not win your case.

Costs/Disbursements: Ask how the firm handles expenses like expert witness fees, court filing fees, and medical record requests. Most reputable firms "advance" these costs and are reimbursed only upon a successful recovery.

7. Questions to Ask During Your Free Consultation When you call (212) 931-6530 for your consultation with Mark David Shirian P.C., come prepared with these questions:

  • Who will be my primary point of contact?
  • What is your honest assessment of my case’s strengths and weaknesses?
  • Have you handled cases involving your specific accident type before?
  • How do you determine the "value" of my pain and suffering?
  • What is the estimated timeline for my case?

Trust Your Instincts Legal expertise and a track record of millions recovered are vital, but so is your "gut feeling." You are entering a partnership that could last months or even years. Choose a lawyer who shows genuine empathy for your situation and a tenacious drive to win. If you or a loved one has been injured, don't leave your recovery to chance.

We are ready to listen, investigate, and fight for the justice you deserve. 

How to Choose the Right New York City Personal Injury Lawyer

A Guide from Mark David Shirian P.C.

An accident can turn your world upside down in an instant. Suddenly, you're dealing with injuries, mounting medical bills, and confusing calls from insurance companies. The feeling of being overwhelmed is completely normal. But here's what many New Yorkers don't realize: you can get experienced legal help without paying anything upfront. Understanding how personal injury representation works is the first step toward regaining control of your life.

What You'll Learn

This guide explains how personal injury representation works in New York and how to choose the right attorney for your case. We'll cover contingency fees (meaning no upfront payment), why New York's strict filing deadlines make acting quickly essential, and what effective attorneys actually do—from managing insurance companies to proving negligence and calculating your full damages. You'll learn the three non-negotiable qualities to look for in an injury lawyer, understand when a local NYC firm may be your best choice, and walk away with five essential questions to ask during your free consultation.

How Can I Afford a Lawyer? The 'Pay-Only-If-You-Win' Model

Most personal injury lawyers—including Mark David Shirian P.C.—work on a contingency fee agreement. This means you pay nothing out-of-pocket to hire an experienced attorney. The lawyer's fee is simply a percentage of the money recovered for you, typically around one-third. If your case is successful, the fee is paid directly from the settlement or verdict. If you don't recover compensation, you owe no attorney fees.

This system ensures your lawyer is fully invested in achieving the best possible outcome. At Mark David Shirian P.C., we offer free consultations so you can understand your options without any financial risk. Getting this expert advice early is crucial—but keep in mind that your right to file a claim has its own strict deadline.

Why You Shouldn't Wait: New York's Filing Deadlines

In New York, the statute of limitations for most personal injury claims against private parties is three years from the date of your accident. Miss this deadline, and you permanently lose your right to seek compensation—no matter how severe your injuries or how clear the other party's fault.

But if your claim involves a municipality—such as New York City, the MTA, a public school, NYCHA, or any government entity—the deadlines are dramatically shorter. You must file a Notice of Claim within just 90 days of the incident. After that, you have only one year and 90 days from the date of the accident to file your lawsuit. These compressed timeframes catch many injured New Yorkers off guard. An accident involving a city bus, a dangerous condition on a public sidewalk, or an injury at a public facility requires immediate legal attention.

Beyond these legal deadlines, evidence disappears even faster. Security camera footage from a premises liability incident might be erased within 30 days. Witness memories fade within weeks. The longer you wait, the harder it becomes to gather the proof needed for a strong case.

An early consultation allows an attorney to act immediately—determining whether shortened municipal deadlines apply to your case, filing a timely Notice of Claim if necessary, sending preservation letters to prevent video footage from being deleted, and interviewing witnesses while details are fresh. This proactive approach is often the difference between a strong case and losing your rights entirely.

What Does an Effective Injury Lawyer Actually Do?

After an accident, you'll likely receive calls from the other party's insurance adjuster—sometimes within hours. The first thing your lawyer does is take over all communication with the insurance company. This shields you from pressure tactics designed to get you to accept a quick, lowball settlement or make statements that could hurt your case. You can focus on your recovery while your attorney handles the negotiation.

To secure fair compensation, your lawyer must prove the other party was negligent—meaning they failed to exercise reasonable care, and that failure caused your injuries. This involves investigating the accident scene, reviewing police reports, consulting with experts when necessary, and building a compelling case that establishes liability.

Equally important is calculating your case's true value. This goes far beyond your immediate medical bills. An experienced attorney accounts for future medical expenses, lost wages (both past and future), property damage, and what the law calls "non-economic damages"—compensation for your pain and suffering, emotional distress, and diminished quality of life. Insurance companies routinely undervalue these damages. A skilled attorney ensures nothing is left on the table.

Three Non-Negotiable Qualities in a Personal Injury Attorney

Specialization in Personal Injury Law. You wouldn't see a podiatrist for a heart condition, and the same logic applies to legal representation. Look for an attorney whose practice focuses on personal injury cases—motor vehicle accidents, premises liability, medical malpractice, and similar matters. A specialist has handled cases like yours many times and knows the insurance companies' tactics inside and out. With over 25 years of litigation experience, Mark David Shirian has built his practice around fighting for injured New Yorkers.

Real Trial Experience. While most personal injury cases settle before trial, insurance companies know exactly which lawyers will fold under pressure and which ones will take a case to verdict if necessary. Having an attorney with proven courtroom experience sends a clear message: you're prepared to fight for fair compensation. This reputation often leads to better settlement offers, making a trial unnecessary—but you need a lawyer who's ready either way.

Clear, Responsive Communication. The legal process can feel confusing and stressful, but your attorney shouldn't add to that burden. Look for a lawyer who explains your options in plain English, provides regular updates without you having to chase them down, and answers your questions patiently. This isn't just about convenience—it's a sign of respect and professionalism that will serve you throughout your case.

Local NYC Firm vs. National Firm: Which Is Right for You?

As you begin your search, you'll encounter both neighborhood law firms and massive operations with nationwide advertising budgets. There's no universal right answer, but for most New York personal injury cases, a dedicated local firm offers significant advantages.

A New York City-based firm like Mark David Shirian P.C. brings deep familiarity with local courts, judges, and even the opposing insurance adjusters who regularly handle claims in this jurisdiction. We understand the unique challenges of litigating in New York—from the specific procedural requirements for claims against the City of New York and other municipal defendants to the nuances of practicing in state and federal courts throughout the metropolitan area. Perhaps most importantly, when you work with a local firm, you're not just a file number. You have direct access to the attorney handling your case.

Five Questions to Ask During Your Free Consultation

A free consultation isn't just an opportunity for the lawyer to evaluate your case—it's your chance to evaluate them. Come prepared with these questions:

What percentage of your practice is dedicated to personal injury cases? You want an attorney who focuses on this area of law, not someone who handles personal injury as a sideline.

Who will actually be handling my case? At some firms, the attorney you meet during the consultation hands your file off to junior associates. Make sure you know who your primary point of contact will be.

What are the potential weaknesses in my case? A lawyer who only tells you what you want to hear isn't doing you any favors. You need an honest assessment of both the strengths and challenges.

What is your experience taking cases to trial? Even if your case is likely to settle, you want a lawyer who can credibly threaten to go to court if necessary.

What costs, besides your fee, might be deducted from my recovery? Personal injury cases often involve expenses for medical records, expert witnesses, and court fees. Understanding these upfront prevents surprises later.

These questions do more than gather information—they reveal whether an attorney will treat you as a partner in your own case. A lawyer who answers openly and honestly is one you can trust to fight for your interests.

Take the First Step Today

If you've been injured due to someone else's negligence, you don't have to navigate this alone. Mark David Shirian P.C. has been fighting for injured New Yorkers for over 25 years, handling motor vehicle accidents, premises liability, medical malpractice, and complex personal injury litigation throughout New York City and beyond.

Contact us today for a free, no-obligation consultation. There's no cost to speak with us, and if we take your case, you pay nothing unless we recover compensation for you.

Mark David Shirian P.C.

228 East 45th Street, Suite 1700-B

New York, NY 10017

New York City Personal Injury Lawyers

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