New York Personal Injury Attorneys

Statute of Limitations

3 years

3 years from the date of injury (CPLR § 214(5)); 2 years 6 months for medical malpractice (CPLR § 214-a)

Fault Rule

Pure comparative

Pure comparative fault (CPLR § 1411) — recovery reduced by your percentage of fault, no bar

Damages Cap

No cap

No cap on compensatory damages in standard PI. Wrongful death damages limited to pecuniary loss under EPTL § 5-4.3.

Government-Claim Notice

90 days

Notice of Claim within 90 days under Gen. Mun. Law § 50-e for municipalities and public corporations; Court of Claims Act § 10 for State claims (90-day notice of intent to file or claim).

Joint and Several Liability

50%

Modified — generally joint and several liability for economic damages; several liability for non-economic damages where defendant’s share is 50% or less (CPLR Article 16).

Typical attorney fee

33%

33%–40% contingency — no fee unless you win

New York applies pure comparative fault under CPLR § 1411 — you can recover even when mostly at fault. The standard PI SOL is three years under CPLR § 214(5). New York is a no-fault auto state — tort recovery for pain and suffering requires meeting the serious-injury threshold under Insurance Law § 5102(d). Claims against the City of New York, the State, and other public entities require a Notice of Claim within 90 days under General Municipal Law § 50-e (or Court of Claims Act § 10 for the State) — one of the strictest deadlines in the country. New York City’s Bronx, Brooklyn, Queens, and Manhattan juries are among the most active PI venues anywhere, and local counsel familiar with the courts and the major insurers is essential.