New York Personal Injury Law Resources

New York is a no-fault auto insurance state with a three-year statute of limitations, pure comparative fault, and no caps on compensatory or punitive damages in personal injury cases. The state's no-fault system requires drivers to first seek compensation through their own $50,000 PIP (Personal Injury Protection) coverage. To sue for pain and suffering in auto accident cases, injuries must meet the "serious injury" threshold defined by Insurance Law § 5102(d). Government claims require a Notice of Claim within 90 days and must be filed within one year and 90 days.

Statute of Limitations

General Personal Injury THREE Years

New York provides a three-year statute of limitations for most personal injury claims under CPLR § 214(5). This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death (not the date of injury) under EPTL § 5-4.1. Only the executor or administrator of the decedent's estate can file.

Medical malpractice: Two years and six months from the date of the act, omission, or failure complained of, or from the last date of continuous treatment (CPLR § 214-a). For foreign objects, one year from discovery.

Property damage: Three years.

Defamation: One year.

Government Claims 90-Day Notice of Claim

Claims against municipalities and government entities require a Notice of Claim filed within 90 days of the incident under General Municipal Law § 50-e. The lawsuit itself must be filed within one year and 90 days from the date of the incident. The government has 30 days after receiving the Notice of Claim to respond. For minors, the Notice of Claim deadline is extended to one year and 90 days.

Tolling

The statute is tolled for minors (until age 18, then three years to file effectively until age 21). Tolling also applies for mental incapacity and when the defendant leaves the state. The discovery rule has limited application in New York, primarily in medical malpractice (foreign object) and toxic exposure cases.

Pure Comparative Fault

New York follows a pure comparative fault rule under CPLR § 1411. A plaintiff can recover damages regardless of their percentage of fault. Even a plaintiff who is 99% at fault can recover 1% of their damages. There is no threshold bar to recovery.

New York applies joint and several liability for economic damages under CPLR Article 16, but a defendant found 50% or less at fault is only severally liable for non-economic damages (liable only for their proportionate share).

Damage Caps

No General Personal Injury Caps

New York imposes no caps on economic or non-economic damages in any category of personal injury case including auto accidents, premises liability, product liability, medical malpractice, or wrongful death.

No Punitive Damage Caps

New York has no statutory cap on punitive damages. Punitive damages are determined by the jury and reviewed by the court under constitutional standards of due process.

Government Liability

New York waives sovereign immunity for tort claims through the Court of Claims Act but imposes procedural requirements (Notice of Claim, shortened filing deadlines). There is no statutory cap on damages against the state, though claims must be filed in the Court of Claims (not Supreme Court).

Auto Insurance Requirements

No-Fault System

New York is a no-fault state. After an auto accident, injured parties must first seek compensation through their own PIP coverage regardless of fault. Lawsuits for pain and suffering against the at-fault driver are only permitted when injuries meet the serious injury threshold.

Serious Injury Threshold

To sue for non-economic damages (pain and suffering) in auto accident cases, injuries must qualify as "serious" under Insurance Law § 5102(d). Qualifying categories include significant disfigurement, bone fracture, permanent limitation of use of a body organ or member, permanent consequential limitation of use of a body function or system, or a medically determined injury preventing substantially all usual activities for at least 90 of the first 180 days following the accident. Alternatively, a plaintiff can sue if basic economic loss exceeds $50,000. The serious injury threshold does not apply to motorcycle accidents.

Mandatory PIP Coverage $50,000

All auto insurance policies must include a minimum of $50,000 in No-Fault/PIP coverage per person, covering medical expenses, 80% of lost wages (up to $2,000/month for up to 3 years), other reasonable expenses (up to $25/day for one year), and a $2,000 death benefit. Optional OBEL (additional $25,000) and APIP coverage are available.

Liability Minimums 25/50/10

• $25,000 per person for bodily injury (not resulting in death), or $50,000 for injury resulting in death
• $50,000 per accident for bodily injury (not resulting in death), or $100,000 for injuries resulting in death
• $10,000 per accident for property damage

Mandatory UM Coverage

Uninsured motorist coverage is required at limits matching bodily injury liability coverage. Supplementary Uninsured/Underinsured Motorist (SUM) coverage is optional but highly recommended.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in New York are filed in Supreme Court, which despite its name is the state's trial court of general jurisdiction. New York has 62 counties, each with a Supreme Court. Civil Court (New York City) handles cases up to $50,000. District Court (Nassau and Suffolk counties) handles cases up to $15,000. City Courts outside NYC handle smaller claims. Small Claims Court handles cases up to $10,000 ($5,000 in some courts).

New York County (Manhattan), Kings County (Brooklyn), Bronx County, Queens County, and Nassau County are among the highest-volume jurisdictions for personal injury litigation in the nation. New York City juries have historically produced some of the largest personal injury verdicts in the country.

Common Types of Personal Injury Cases in New York

New York's enormous population, dense urban environment, massive transit system, extensive construction industry, world-class medical facilities, and complex insurance landscape generate the highest volume of personal injury litigation of any state. Common case types include motor vehicle accidents, commercial truck accidents, taxi and rideshare accidents, pedestrian accidents (New York City is one of the most dangerous cities in the nation for pedestrians), bicycle and e-bike accidents, construction accidents (Labor Law §§ 200, 240, and 241 provide special protections for construction workers § 240, the "Scaffold Law," imposes absolute liability on owners and contractors for gravity-related injuries), premises liability (including slip-and-fall, trip-and-fall, and elevator/escalator accidents), medical malpractice, product liability, wrongful death, subway and transit injuries (MTA/NYC Transit), workplace injuries, nursing home abuse, lead paint exposure, dog bites (New York follows a mixed strict liability/negligence standard strict liability for medical costs if the dog was previously determined to be "dangerous," negligence for other damages), toxic tort and environmental exposure claims, and maritime/waterway injuries.

This page provides general legal information about New York personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in New York to discuss the specific facts of your case.