New York follows pure comparative fault. This directory covers New York-specific filing deadlines, damage caps, 25/50/10 liability insurance minimums, the no-fault/PIP insurance system, small claims rules, and links to the New York State Bar Association referral resources.
New York operates a no-fault insurance system with mandatory personal injury protection (PIP) coverage. This means your own insurer pays initial medical costs regardless of who caused the accident. Lawsuits against the at-fault driver are permitted only when injuries meet a statutory threshold. New York uses pure comparative fault for cases that do proceed to litigation.
New York is a no-fault state with mandatory PIP insurance coverage. The minimum liability insurance requirement is 25/50/10 (bodily injury per person/per accident/property damage). Claims involving car crashes, truck accidents, premises liability, dog bites, product injuries, medical malpractice, or wrongful death each carry distinct deadlines and procedural requirements in New York. The New York State Bar Association operates a referral service to help connect injured persons with licensed attorneys.
| Resource | Use it for | Link |
|---|---|---|
| New York bar association | Start with bar-sponsored public information, member lookup, referral options, discipline/licensing resources, or consumer guidance. | https://nysba.org/ |
| ABA FindLegalHelp.org | Use ABA public resources for lawyer referral, free legal help, licensing information, and legal information. The ABA states that it does not provide individual legal representation. | ABA Find Legal Help |
| ABA bar directories and lawyer finders | Cross-check whether the ABA lists a bar-sponsored lawyer-finding resource for New York. | ABA bar directories and lawyer finders |
| LSC legal-aid locator | Find LSC-funded civil legal aid near a New York address, city, or ZIP code. LSC legal aid is income-eligible and usually focused on civil legal problems. | LSC I Need Legal Help |
The general New York personal injury limitation period in this site data is 3 years, with citation to N.Y. C.P.L.R. 214(5). Medical malpractice is listed as 2 years 6 months, cited to N.Y. C.P.L.R. 214-a. Wrongful death is listed as 2 years, cited to N.Y. Est. Powers & Trusts Law § 5-4.1. The state source link is the state code or official state source.
Do not treat the general deadline as a complete filing calendar. Government defendants, public hospitals, public schools, transit agencies, counties, cities, state agencies, and federal defendants can require administrative notices or claims before a lawsuit. A minor claimant, delayed discovery, medical malpractice repose period, wrongful death appointment issue, bankruptcy stay, military service, or tolling agreement can also change the analysis. If a deadline is close, a referral-service call is not enough; the complaint, notice, service, and filing rules must be handled by someone licensed in the jurisdiction.
Damage caps are claim-specific. This directory tracks medical malpractice and health-care injury cap issues because they are common in personal injury research and can materially change settlement leverage. The current cap type in the site data is No broad cap. Summary: No broad med-mal compensatory cap identified. Primary citation: N.Y. C.P.L.R. and Public Health Law.
For ordinary negligence cases, the most important cap may be the available insurance limit rather than a statute. A low bodily injury limit, rejected underinsured motorist coverage, medical liens, workers compensation reimbursement rights, Medicare or Medicaid liens, and comparative fault can reduce net recovery even when there is no broad compensatory damages cap. Punitive damages, dram-shop claims, government defendants, and medical malpractice claims can add separate statutory issues. Use the internal cap table for a first pass, then verify the newest statute and case law with a licensed attorney.
The following table summarizes the key New York-specific rules that shape personal injury claims in this state.
| Legal Rule | New York Standard | Citation |
|---|---|---|
| Fault system | pure comparative fault | N.Y. CPLR § 1411 |
| PI statute of limitations | 3 years | N.Y. CPLR § 214(5) |
| Med-mal deadline | 2.5 years | N.Y. CPLR § 214-a |
| Wrongful death deadline | 2 years | N.Y. EPTL § 5-4.1 |
| Min. BI insurance | 25/50/10 | State insurance code |
| PIP required | Yes (mandatory) | |
| No-fault system | Yes (no-fault) | |
| Small claims limit | $10,000 | Small Claims Court (City/District/Justice Court; $5,000 outside NYC) |
| Dog bite rule | Mixed/hybrid | |
| Dram shop liability | Yes | N.Y. Gen. Oblig. Law § 11-101 (Dram Shop Act) |
| Govt. claim notice | 90 days for NYC (GML § 50-e); 1 year for state (Court of Claims Act § 10) | |
| Bar referral | New York State Bar Lawyer Referral |
New York follows pure comparative fault (N.Y. CPLR § 1411), one of the most plaintiff-friendly negligence systems in the country. A plaintiff can recover damages even if they were 99 percent at fault; the award is simply reduced by the plaintiff's percentage of responsibility. There is no threshold that bars recovery. This means settlement negotiations in New York focus on the degree of fault reduction rather than a binary cutoff.
Example: A jury awards $400,000 and finds you 70 percent at fault. In New York, you still recover $120,000 (35 percent of the award). In a modified comparative state with a 51 percent bar, the same plaintiff would recover nothing.
In multi-party cases, New York may apply joint and several liability rules that affect how damages are allocated among multiple defendants. This can matter when one defendant is judgment-proof (cannot pay). Understanding how New York allocates liability across multiple parties is critical in complex accidents involving multiple vehicles, property owners, or product manufacturers.
New York requires minimum liability insurance of 25/50/10: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $10,000 property damage per accident.
| Coverage Type | New York Minimum |
|---|---|
| Bodily injury per person | $25,000 |
| Bodily injury per accident | $50,000 |
| Property damage | $10,000 |
| PIP (Personal Injury Protection) | Required |
| No-fault system | Yes |
As a no-fault state, New York requires PIP coverage that pays for medical expenses and lost wages regardless of who caused the accident. Lawsuits against the at-fault driver are limited to cases where injuries exceed the state's threshold for severity or cost. This threshold affects whether you can pursue pain-and-suffering damages through a traditional personal injury lawsuit.
New York small claims courts (Small Claims Court (City/District/Justice Court; $5,000 outside NYC)) handle disputes up to $10,000. For minor injury claims within this range, small claims court can be faster and less expensive than filing in a higher court, though complex cases with significant medical evidence may require the formal procedures of a superior or circuit court.
New York applies a mixed approach to dog bite liability. Strict liability may apply in certain circumstances (such as when a dog is at large in violation of local ordinances), while the traditional one-bite rule applies in other situations. The specific facts of the incident and applicable local ordinances determine which standard controls.
New York has a dram shop act (N.Y. Gen. Oblig. Law § 11-101 (Dram Shop Act)) that can hold bars, restaurants, and other alcohol vendors liable for injuries caused by a person they served while that person was visibly intoxicated or underage. This creates a potential additional source of recovery in drunk-driving accident cases.
Claims against New York government entities (cities, counties, state agencies, school districts) require a formal notice within a specific time frame: 90 days for NYC (GML § 50-e); 1 year for state (Court of Claims Act § 10). Missing this administrative deadline can permanently bar the claim even if the general statute of limitations has not expired. Government defendants may also have separate damage caps and immunity protections.
New York-specific accident scenarios include crashes on the Long Island Expressway, New York State Thruway (I-87/I-90), and the George Washington Bridge approaches, MTA subway and bus injuries, construction scaffolding falls under Labor Law sections 240/241 (the Scaffold Law), medical malpractice at major NYC hospitals, slip-and-fall claims on city sidewalks (NYC Administrative Code section 7-210), and rideshare crashes. New York County Supreme Court (Manhattan), Kings County (Brooklyn), Queens County, and Bronx County each have distinct personal injury litigation cultures. The Scaffold Law makes New York unique in imposing absolute liability on building owners for gravity-related construction injuries.
New York has the highest PIP minimum ($50,000) in the nation, far above Massachusetts ($8,000) and New Jersey ($15,000). New York's Scaffold Law (Labor Law section 240) has no equivalent in any neighboring state and is a major factor in construction injury litigation. New York follows pure comparative fault, more plaintiff-friendly than New Jersey (51% bar), Connecticut (51% bar), and Pennsylvania (51% bar).
Start by confirming the lawyer's active license through the New York State Bar Association. Check for any public disciplinary history. Ask whether the lawyer personally handles New York personal injury cases, whether litigation is filed in-house or referred to other firms, and whether they have experience with the specific claim type in New York courts.
Since New York is a no-fault state, ask whether your injuries meet the threshold for filing a tort lawsuit. An experienced New York attorney should immediately evaluate whether your claim qualifies to go beyond PIP benefits.
Fee structure should be documented in writing before representation begins. Most personal injury matters use a contingency fee, commonly around one-third of the recovery. Ask whether the percentage changes after a lawsuit is filed, after arbitration, or at trial. Ask whether the firm advances case expenses and whether you owe costs if there is no recovery. Red flags include pressure to sign immediately, promises of a guaranteed settlement value, and vague statements about who is actually licensed to practice in New York.
Bring the police crash report or incident report, photos from the scene, all medical records and billing statements, your auto insurance declarations page showing liability and UM/UIM limits, the at-fault party's insurance information, health insurance EOB statements, wage documentation from your employer, and any settlement offer already received. For premises liability cases, gather photos of the hazard and any maintenance or incident reports.
In New York's no-fault system, bring your PIP claim documentation and any denial letters from your own insurer. If your injuries meet the threshold for a lawsuit, the PIP records become part of the damages evidence. If a government entity may be involved, note the 90 days for NYC (GML § 50-e); 1 year for state (Court of Claims Act § 10) notice deadline and bring any correspondence already sent to the government agency.
The New York State Bar Lawyer Referral can connect you with a licensed attorney for an initial consultation. Many bar referral services offer a reduced-fee first meeting to help evaluate your claim.
For low-income New York residents, LSC-funded civil legal aid organizations focus on housing, family safety, consumer, and public benefits issues. While these organizations do not typically handle contingency-fee personal injury cases, they may assist with related problems such as medical debt, insurance disputes, or housing instability caused by injury. Use the LSC locator with a New York ZIP code for the nearest program. The ABA's Find Legal Help page provides additional public resources.
Yes. New York follows pure comparative fault (N.Y. CPLR § 1411), meaning you can recover damages even if you were 99 percent at fault. Your award is reduced by your percentage of responsibility. For example, if you were 70 percent at fault and total damages were $100,000, you could recover $30,000.
The general statute of limitations for personal injury in New York is 3 years (N.Y. CPLR § 214(5)). Medical malpractice claims have a 2.5 years deadline (N.Y. CPLR § 214-a). Wrongful death claims must be filed within 2 years (N.Y. EPTL § 5-4.1). Claims against government entities may require earlier notice.
Yes. New York operates a no-fault insurance system with mandatory PIP coverage. Your own insurer pays initial medical expenses and lost wages regardless of who caused the accident. You can file a lawsuit against the at-fault driver only if your injuries meet the state's threshold for severity or cost.
No statutory damage cap on personal injury or medical malpractice cases
New York small claims courts (Small Claims Court (City/District/Justice Court; $5,000 outside NYC)) handle disputes up to $10,000. For minor personal injury claims within this range, small claims court can be faster and less expensive than filing in a higher court.
Yes. The New York State Bar Lawyer Referral connects the public with licensed attorneys. You can access this service through the New York State Bar Association website. The ABA and LSC also provide public referral resources.
Unique dog bite split: strict liability for medical costs, but one-bite rule for other damages (Agriculture & Markets Law section 121)