New York Personal Injury Law

Key New York Personal Injury Laws & Statutes

Civil statutes and common law principles govern New York personal injury cases. Understanding these laws can help you better understand your rights if you’re injured through no fault, the personal injury claims process, and how compensation is awarded.

New York Civil Practice Law & Rules

The New York Civil Practice Law and Rules (CPLR) is the primary legal framework for civil cases in the state, including personal injury cases. It covers topics such as statutes of limitations, the filing of claims, discovery, trial procedures, and judgment enforcement.

Key sections of the CPLR relevant to personal injury cases include:

• Article 2 – Limitation of Time: Sets time limits for filing personal injury lawsuits.
• Article 14 – Contribution and Indemnity: Addresses how liability is divided among multiple defendants.
• Article 31 – Disclosure: Governs the rules of discovery, the process where both parties exchange information and evidence.
• Article 50-B: Details how awards for future damages are paid out over time, rather than in a lump sum, in certain personal injury cases.

These laws and codes set the foundation for handling personal injury claims in New York. While understanding these statutes is helpful, consulting with an experienced attorney ensures claims are compliant and puts you in the best position for a favorable outcome. 

NY Personal Injury Statute of Limitations

The statute of limitations sets the time limit for filing a personal injury claim after an accident. Under N.Y. C.P.L.R. § 214, you generally have three years from the date of your injury to file. However, some exceptions may extend or shorten this timeframe. For instance, if your claim involves a government entity, you must file a Notice of Claim within 90 days, and the overall deadline is much shorter.

Specific circumstances—such as delayed discovery of an injury—can sometimes provide more time. Because these exceptions can be complex and deadlines are often shorter than expected, acting quickly is crucial. Consulting with an attorney early ensures your rights are protected, and your claim is filed within the appropriate timeframe, preventing any loss of your ability to recover compensation.

More on New York’s Statute of Limitations

Comparative Negligence/Shared fault

New York follows a pure comparative negligence rule, as outlined in N.Y. C.P.L.R. § 1411. This means that even if you are partially at fault for the accident, you can still recover compensation. However, your compensation will be reduced by the percentage of your fault. For instance, if you’re 30% responsible for the accident, your damages will be reduced by 30%. This law ensures that injury victims can still recover, even if they share some fault.

For example, if you’re found to be 25% at fault for a car accident, your total damages will be reduced by 25%. So, if you were awarded $100,000 in damages, you would receive $75,000. This rule ensures that even when multiple parties share responsibility, injured individuals can still recover for their losses. However, it emphasizes the importance of demonstrating minimal fault for a higher recovery.

More on Fault & Liability in New York

Assumption of Risk in New York

The assumption of risk doctrine in New York holds that if you voluntarily and knowingly engage in an activity with inherent risks, the defendant may not be liable for your injuries. This doctrine often applies to cases involving sports injuries or dangerous jobs where participants understand and accept the risks. For example, athletes in contact sports or workers in hazardous professions may be seen as assuming the ordinary risks of those activities. However, the assumption of risk only applies to known risks—it does not cover injuries caused by someone else’s negligence or reckless behavior.

A well-known example is Turcotte v. Fell, 68 N.Y.2d 432 (1986), where a jockey was injured during a horse race and sued for his injuries. The court ruled that by voluntarily participating in a risky sport like horse racing, the jockey assumed the ordinary dangers of the sport and could not recover damages. However, if negligence or unsafe conditions beyond the activity’s inherent risks had contributed to the injury, the result might have been different. This doctrine highlights the importance of knowing the risks involved in an activity but also underscores that defendants are not exempt from liability if their negligence exacerbates those risks. 

Labor Law 240 & 241 (Scaffold Law)

New York’s Labor Law 240 and 241, commonly called the Scaffold Law, provide special protections for construction workers involved in height-related work. Under these laws, property owners and general contractors can be held strictly liable for accidents due to inadequate safety measures, such as a lack of proper scaffolding, ladders, or other necessary protections. These laws apply to various construction work, including repairs, demolition, and cleaning.

For instance, if a worker falls from a scaffold or ladder due to improper equipment, the property owner or contractor can be held liable for the worker’s injuries, regardless of whether the worker shares some fault. These laws are meant to protect workers from the unique dangers of height-related work and ensure that those responsible for providing a safe working environment are held accountable.

Vicarious Liability in New York

Vicarious liability allows an employer to be held responsible for their employees’ negligent actions if the employee acted within the scope of their employment at the time of the injury. This legal doctrine is frequently used in personal injury cases where, for example, a commercial driver causes a car accident while making deliveries for their employer. In such a case, the employer could be liable for the damages, even though they were not directly involved in the accident.

This law allows injured individuals to recover compensation from companies often better equipped to pay for damages than individual employees. It highlights the importance of employer responsibility for their employees’ actions when they’re acting in the course of their work.

Strict Liability in New York

In some personal injury cases, strict liability applies, meaning a defendant can be held liable for an injury regardless of intent or negligence. This typically applies to cases involving inherently dangerous activities or defective products. For example, in New York, dog owners can be held strictly liable for injuries caused by their pets if the dog has a history of aggressive behavior or if the owner was aware of the animal’s dangerous tendencies.

Strict liability also applies in product liability cases, where manufacturers, distributors, or retailers can be held accountable if a product defect causes harm. In these cases, the injured party does not need to prove negligence; it only needs to prove that the defective product caused their injuries.

Joint & Several Liability in New York

Under New York’s joint and several liability rule, when multiple parties are responsible for an injury, each defendant can be held accountable for the full amount of economic damages (e.g., medical bills, lost wages), regardless of their percentage of fault. However, if a defendant is less than 50% at fault, they are only responsible for their share of non-economic damages (e.g., pain and suffering).

For example, if three defendants are liable and one is 40% responsible, that party would only pay 40% of the non-economic damages. However, it could still be liable for 100% of the economic damages. This rule ensures that the injured party can recover full compensation even if some defendants cannot pay their share.

This is different from comparative fault, which reduces the plaintiff’s compensation based on their percentage of fault. In contrast, joint and several liability focuses on ensuring the injured party can recover fully from the defendants, mainly for economic damages.

NY Claims Against Government Entities

Filing a personal injury claim against a government entity in New York involves different rules and strict deadlines. Under New York law, if your injury was caused by a government employee or occurred on government property, such as a sidewalk or public building, you must first file a Notice of Claim within 90 days of the incident.

Failure to file this notice within the designated time frame can prevent you from pursuing compensation. After the Notice of Claim is filed, the government can investigate the claim before you can file a lawsuit. Additionally, the statute of limitations for filing a lawsuit against a government entity is often shorter than in cases involving private individuals or businesses, making it critical to act quickly. 

More About NY Municipal Liability

Subrogation in New York Injury Cases

Subrogation allows an insurance company that has paid out benefits to a policyholder (such as in medical expenses or property damage) to pursue reimbursement from the party responsible for causing the injury. In a New York personal injury case, if your health insurer or auto insurance company covers your immediate medical bills, they may later seek reimbursement from the at-fault party or their insurance company once you recover compensation in your claim.

Subrogation can complicate the settlement process, as your insurer may have a claim for part of your compensation. Working with an attorney is important to ensure that your recovery is maximized and that any insurance claims are properly addressed.

Serious Injury Thresholds in New York

New York’s no-fault insurance system requires drivers to carry Personal Injury Protection (PIP), which limits an injured person’s ability to sue for damages unless the injuries meet certain criteria. These are Serious Injury Thresholds, outlined in New York Insurance Law § 5102(d).

A serious injury includes significant disfigurement, bone fractures, permanent limitation of a body part, substantial disability for 90 days or more, or death. Only when a plaintiff’s injuries meet this threshold can they pursue damages beyond PIP coverage, such as pain and suffering or long-term medical care.

Personal Injury Damage Caps in New York

New York generally does not impose damage caps in personal injury cases, meaning there is no legal limit on the compensation an injured party can receive for economic or non-economic damages (such as pain and suffering). However, medical malpractice cases are an exception, where limits on damages for non-economic losses like pain and suffering may be applied in some situations. This lack of caps allows victims of serious injuries to potentially recover substantial awards based on the extent of their damages.

More On Damages in Personal Injury Cases

NY Wrongful Death Statute

New York’s wrongful death law allows the family members of a deceased person to file a lawsuit if their loved one died due to someone else’s negligence or wrongful actions. This law provides a way for surviving family members to recover compensation for the economic losses they’ve experienced due to the death, such as funeral costs, lost income, and the value of services the deceased would have provided.

To file a wrongful death claim, the representative of the deceased’s estate must prove that the defendant’s negligence caused the death and that the survivors have suffered quantifiable financial losses. It’s important to note that in New York, wrongful death claims must be filed within two years of the death to meet the statute of limitations.

Courts & Jurisdiction in NY Personal Injury Cases

The New York Supreme Court typically handles New York personal injury cases in the county where the injury occurred. While “Supreme Court” in other states may imply the highest appellate court, in New York, the Supreme Court is the trial-level court that hears most civil cases, including personal injury claims.

• New York County Supreme Court (Manhattan)
• Kings County Supreme Court (Brooklyn)
• Queens County Supreme Court
• Bronx County Supreme Court
• Richmond County Supreme Court (Staten Island)

In addition to these county courts, certain cases against government entities, such as those involving municipal liability, may be heard in the New York State Court of Claims.

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