Accidents & Injuries in New York

New York Civil Practice Law and Rules Section 214(5) provides a three-year statute of limitations for personal injury claims. For claims against New York City or other municipalities, General Municipal Law Section 50-e requires a notice of claim within 90 days of the accident — a very short window. For claims against the State of New York, a notice of claim must be filed with the Court of Claims. Missing these government notice deadlines can permanently bar your claim.

Yes. New York requires $50,000 in personal injury protection (no-fault) coverage under Insurance Law Section 5102. After an accident, your no-fault insurance pays medical expenses and lost earnings up to $50,000 regardless of who caused the accident. To sue the at-fault driver for pain and suffering, you must meet New York's "serious injury" threshold under Insurance Law Section 5102(d).

Under New York Insurance Law Section 5102(d), to sue for pain and suffering beyond no-fault PIP, you must have suffered one of the following: significant disfigurement, a bone fracture, permanent consequential limitation of use of a body organ or member, significant limitation of use of a body function, or disability for 90 out of 180 days following the accident. These categories have been extensively litigated in New York courts, and establishing "serious injury" often requires detailed medical documentation.

Under New York CPLR Section 1411, New York uses pure comparative fault. Even if you are 99% at fault for an accident, you can still recover 1% of your damages from the other party. There is no fault threshold that bars recovery. This is more plaintiff-friendly than the modified comparative fault systems used in most other states.

Claims against New York City, the MTA, and other municipal entities require filing a Notice of Claim within 90 days of the accident under General Municipal Law Section 50-e. This is one of the shortest government claim deadlines in the country. After filing the notice, the city typically conducts a hearing (called a "50-h hearing") where you testify under oath about the accident. The lawsuit must then be filed within one year and 90 days of the accident. Missing the 90-day notice deadline could permanently bar your claim, though courts may grant extensions in limited circumstances.

New York Labor Law Sections 200, 240(1), and 241(6) provide special protections for construction workers injured on the job. Section 240(1), known as the "Scaffold Law," imposes absolute liability on property owners and general contractors for gravity-related injuries such as falls from heights or being struck by falling objects. This strict liability standard means the worker does not need to prove negligence, making New York one of the most protective states for construction accident claims. These Labor Law claims exist alongside workers' compensation benefits.