New York Personal Injury Laws

In New York, you generally have 3 years from the date of injury to file a personal injury lawsuit. Missing this deadline almost always results in permanent loss of your right to sue, regardless of how strong your case is. Certain exceptions may apply — such as for minors, cases involving government entities, or injuries not immediately discovered. Claims against government entities in New York may have much shorter notice requirements. Consult a licensed New York attorney immediately if you believe your deadline may be approaching.

New York follows the Pure Comparative Fault system. Under pure comparative fault, you can recover compensation even if you were partially — or even mostly — at fault. Your recovery is simply reduced by your percentage of fault. For example, if you were 30% at fault and your damages are $100,000, you recover $70,000.

New York requires drivers to carry minimum bodily injury liability insurance of 25/50 (per person/per accident). These minimums are typically insufficient for serious injury cases. Uninsured/Underinsured Motorist (UM/UIM) coverage is also available in New York and is strongly recommended to protect yourself when the at-fault driver lacks adequate coverage.

After a car accident in New York, the injured party typically files a claim with the at-fault driver's bodily injury liability insurer. New York's fault system means liability must be established before compensation is paid. Strong documentation — police reports, medical records, photos, and witness statements — is essential. If the insurer disputes liability or offers an inadequate settlement, litigation in New York courts may be necessary.

Commercial truck accident cases in New York involve both state law and federal FMCSA regulations. Carriers operating in interstate commerce must comply with federal hours-of-service rules, vehicle maintenance standards, and driver qualification requirements. Violations of these regulations can be powerful evidence of negligence. Evidence preservation is critical — black box data, ELD records, and carrier documents must be secured immediately after a truck accident in New York.

Frequently Asked Questions