New York Personal Injury Attorneys

New York gives you three years from the date of injury to file a personal injury lawsuit — longer than most states. Medical malpractice claims must be filed within two years and six months. Wrongful death claims carry a two-year deadline from the date of death. The critical exception involves government entities: you must file a Notice of Claim within 90 days of the incident, and then file your lawsuit within one year and 90 days. For minors, the three-year clock doesn't start until they turn 18, giving them until age 21.

New York follows pure comparative negligence under CPLR Section 1411 — one of the most plaintiff-friendly fault rules in the nation. Unlike Pennsylvania, Ohio, New Jersey, and Illinois (which all bar recovery at 50% or 51% fault), New York allows you to recover damages even if you were 99% at fault. Your award is simply reduced by your percentage of responsibility. For example, if your damages total $200,000 and you're found 70% at fault, you can still recover $60,000. This makes New York uniquely favorable for injury victims — but insurance companies still aggressively argue fault to reduce your payout as much as possible.

Because New York is a no-fault state, you must first file a claim through your own Personal Injury Protection (PIP) insurance after a car accident. To step outside the no-fault system and sue the at-fault driver for pain and suffering, your injuries must meet the "serious injury" threshold under Insurance Law Section 5102(d). Qualifying categories include: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or system, permanent consequential limitation of a body organ, significant limitation of a body function, or an injury that prevents you from performing substantially all of your usual activities for at least 90 of the first 180 days after the accident. Alternatively, if your basic economic losses exceed $50,000, you can also pursue a claim.

No — New York does not impose statutory caps on compensatory damages in personal injury cases. There are no limits on economic damages (medical bills, lost wages) or non-economic damages (pain and suffering). Punitive damages also have no statutory cap, though courts require they be reasonable. The practical limitation in car accident cases comes from the serious injury threshold — if your injuries don't meet the threshold, you're limited to PIP benefits for economic losses only. Outside of auto accidents (slip and falls, construction accidents, medical malpractice, etc.), there are no threshold restrictions.

New York requires every registered vehicle to carry at least $50,000 in Personal Injury Protection (PIP) coverage. After a car accident, you file a claim with your own insurer regardless of who caused the crash. PIP covers medical expenses, 80% of lost wages (up to $2,000/month for up to 3 years), and $25/day for essential services. PIP does not cover pain and suffering or property damage. To sue the at-fault driver for non-economic damages, your injuries must meet the serious injury threshold or your basic economic losses must exceed $50,000. You must file your PIP application within 30 days of the accident. Motorcyclists are exempt from the no-fault system entirely and can sue immediately.

New York's legal framework is complex. The no-fault system, serious injury threshold, 90-day government notice deadline, and pure comparative negligence rule create multiple strategic considerations. Insurance companies routinely argue that injuries don't meet the serious injury threshold to block pain and suffering claims. An experienced New York personal injury attorney works on a contingency fee basis — you pay nothing unless they recover compensation — and can obtain the medical documentation needed to prove your injuries meet the threshold, file timely government notices, and maximize your recovery.