Personal Injury: Frequently Asked Questions

3 years from the date of injury for most claims. 1 year and 90 days for claims against a government entity (city, state, county), with a mandatory Notice of Claim due within 90 days. Medical malpractice has a 2.5-year statute of limitations. Missing these deadlines permanently bars your claim.

Source: N.Y. CPLR § 214; N.Y. Gen. Mun. Law § 50-e; N.Y. CPLR § 214-a

Value depends on the severity of injury, medical expenses, lost wages, pain and suffering, and long-term impact. Soft tissue injuries may settle for $10,000-$50,000. Fractures and surgeries typically range from $50,000-$500,000+. Catastrophic injuries (spinal cord, TBI) can reach millions. No two cases are the same.

For minor injuries with clear liability and low medical bills, you may settle directly with the insurance company. For any injury requiring surgery, extended treatment, or involving disputed liability, an attorney significantly increases your recovery. Most personal injury attorneys work on contingency (no fee unless you win).

New York's no-fault system requires your own auto insurance to pay up to $50,000 for medical expenses, lost earnings (80% of wages up to $2,000/month), and other basic economic losses regardless of who caused the accident. You must file within 30 days of the accident. No-fault does not cover pain and suffering.

Source: N.Y. Ins. Law § 5102-5108

To sue for pain and suffering beyond no-fault benefits, you must prove a 'serious injury' as defined by Insurance Law s 5102(d). This includes: death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent consequential limitation, significant limitation of a body function, or a medically determined non-permanent injury preventing normal activities for 90 of the first 180 days.

Source: N.Y. Ins. Law § 5102(d)

New York follows pure comparative negligence, meaning your recovery is reduced by your percentage of fault. If you are 30% at fault and damages are $100,000, you recover $70,000. Unlike some states, New York does not bar recovery even if you are 99% at fault. The jury determines each party's fault percentage.

Source: N.Y. CPLR § 1411

Call 911 and get medical attention, even if injuries seem minor. Document everything: photos of the scene, vehicles, and injuries. Get names and contact information from witnesses. File a police report. Do not give a recorded statement to any insurance company without consulting an attorney first.

Property owners have a duty to maintain safe conditions for visitors. If you are injured on someone else's property due to a dangerous condition (wet floor, broken stairs, icy sidewalk, inadequate security), the owner may be liable. You must prove the owner knew or should have known about the hazard and failed to fix it.

Minor cases settle in 3-9 months. Cases involving surgery or significant treatment take 12-24 months because it is critical to reach maximum medical improvement before settling. Cases that go to trial can take 2-4 years. Accepting a quick settlement before knowing your full medical picture is a common mistake.

Medical expenses (past and future), lost wages and diminished earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and property damage. In wrongful death cases, the estate can recover funeral expenses, lost financial support, and loss of parental guidance for minor children.

Source: N.Y. EPTL § 5-4.3 (wrongful death)

A payment arrangement where the attorney receives a percentage of your recovery (typically 33% before trial, 40% if the case goes to trial) and nothing if you do not win. Costs (filing fees, expert fees, medical records) are usually advanced by the attorney and deducted from the settlement. This makes legal representation accessible.

Source: N.Y. Judiciary Law § 474-a

Yes, if the property owner or manager was negligent. You must prove: a dangerous condition existed, the owner created it or knew about it (or should have known), the owner failed to fix it or warn you, and the condition caused your injury. Snow and ice claims require showing the owner had reasonable time to clear the hazard.

A healthcare provider's failure to provide treatment consistent with the accepted standard of care, resulting in injury. You must prove: a doctor-patient relationship, departure from accepted medical practice, and that the departure directly caused your injury. A certificate of merit from a medical expert is required before filing.

Source: N.Y. CPLR § 3012-a (certificate of merit)

Sections 240(1) (scaffold law) and 241(6) impose absolute liability on property owners and general contractors for gravity-related injuries and unsafe conditions at construction sites. Workers injured by falls from height, falling objects, or scaffold failures can recover even if partially at fault. This is one of the strongest worker protections in the country.

Source: N.Y. Labor Law §§ 200, 240(1), 241(6)

Generally, no. Workers' compensation is the exclusive remedy against your employer. However, you can file a third-party lawsuit against other responsible parties (property owners, equipment manufacturers, subcontractors). Construction workers have additional protections under Labor Law ss 240 and 241.

Source: N.Y. Workers' Comp. Law § 11

90 days from the date of injury to file a Notice of Claim with the government entity. The claim must describe the time, place, and manner of the incident. After filing, the entity has 30 days to schedule a hearing (50-h hearing) to question you under oath. Missing the 90-day deadline usually bars the claim entirely.

Source: N.Y. Gen. Mun. Law § 50-e