Personal injury law in New York
How long you have to file, how shared fault is treated, whether New York is a no-fault auto state, and what damages caps can limit a jury award. Every figure sourced.
Key rules at a glance
| Statute of limitations | 3 years Government claims: 90-day notice of claim. |
|---|---|
| Negligence rule | Pure comparative negligence Pure comparative negligence under CPLR § 1411. |
| Auto no-fault | Yes No-fault state with $50,000 PIP and serious injury threshold (Ins. Law § 5102(d)) for tort. |
| Damages caps | No general cap on compensatory damages. No general cap on compensatory damages. |
What the filing deadline means in New York
Personal injury claims in New York must generally be filed within 3 years of the date of injury. Government claims: 90-day notice of claim. If you miss the statute, the claim is time-barred regardless of how strong it is. Discovery rules can shift the start date for latent injuries, and government claims often carry much shorter notice deadlines (sometimes 60 to 180 days).
How shared fault works under pure comparative negligence
Your recovery is reduced by your percentage of fault, even if you were 99% at fault. Pure comparative negligence under CPLR § 1411.
Practical effect: if a jury values your case at $200,000 and assigns you 30% of the fault, you recover $140,000 (70% of the verdict).
No-fault auto insurance in New York
New York is a no-fault auto state. No-fault state with $50,000 PIP and serious injury threshold (Ins. Law § 5102(d)) for tort. That means after a crash, your own personal injury protection (PIP) pays first, regardless of who was at fault. You can step outside the no-fault system and sue the at-fault driver only when your injury meets the state's tort threshold.
Damages caps in New York
No general cap on compensatory damages.
A cap does not change the value of your injuries; it changes what a jury is allowed to award. Caps most often apply to non-economic damages (pain and suffering) and to medical malpractice cases. Economic damages, like medical bills and lost wages, are generally not capped.
Settlement guides for New York
Auto claim settlement ranges and the New York statute, fault rule, and PIP posture.
Premises liability, notice, and the negligence elements that decide New York claims.
FMCSA framing, multi-defendant stacks, and the 30-day evidence window in New York.
Helmet law, rider bias, and how New York's fault rule hits motorcycle recovery.
Statute of repose, damages caps, and the affidavit-of-merit gate for New York med-mal claims.
Workers' comp benefits, third-party liability, and exclusive-remedy limits in New York.
Strict liability, statute of repose, and punitive caps for New York product cases.
Strict liability vs one-bite, homeowners coverage, and provocation defenses in New York.
Who has standing, recoverable damages, and survival actions in New York.
Active MDLs including New York plaintiffs, discovery-rule deadlines, and bellwether settlement grids.
Case types in New York
These case-type hubs explain how settlement value is built and how each type interacts with New York's rules above.
Related reads
How New York's no-fault and pure comparative negligence rule shapes auto settlement value.
Multi-party liability, FMCSA regulations, and the 30-day evidence window.
Helmet laws, anti-rider bias, and how comparative fault hits riders.
Premises liability and the negligence elements you must prove.
Standard of care, statute of repose, and New York's med-mal caps.
Workers' comp vs third-party liability claims.
Strict liability vs one-bite rule by state.
Who can file and what damages are recoverable.
Frequently asked questions
Sources
Want a different state? See all 50 state hubs.