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New York personal injury law operates under a pure comparative negligence system, meaning you can recover damages even if you're 99% at fault – though your compensation will be reduced by your percentage of fault. This makes it essential to work with an experienced attorney who can minimize your assigned fault and maximize your recovery.

The statute of limitations for most personal injury cases in New York is 3 years from the date of injury. However, medical malpractice claims have a 2.5-year deadline, and claims against government entities require filing a Notice of Claim within 90 days. Missing these deadlines typically means losing your right to pursue compensation, regardless of how strong your case may be.

Car, Motorcycle & Truck Accidents

New York is a no-fault insurance state, meaning your own insurance covers medical bills and lost wages up to policy limits regardless of who caused the accident. However, if you suffer a "serious injury" as defined by New York law – including significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, or significant limitation of use of a body function or system – you can step outside the no-fault system and sue the at-fault driver for pain and suffering. New York City, Long Island, and upstate highways see thousands of serious accidents annually, with truck accidents on I-87, I-90, and I-95 often resulting in catastrophic injuries and multi-million dollar settlements.

Slip & Fall and Premises Liability

Property owners in New York have a legal duty to maintain safe conditions for visitors. Slip and fall accidents in grocery stores, restaurants, shopping malls, apartment buildings, and on sidewalks can result in serious injuries including broken bones, head trauma, and spinal damage. New York law requires proving the property owner created the hazardous condition, had actual knowledge of it, or the condition existed for such a length of time that it should have been discovered and corrected. Winter ice and snow cases have specific legal standards. Our network attorneys have successfully recovered compensation for clients injured on unsafe premises throughout the state.

Workplace Injuries

New York workers injured on the job are generally covered by workers' compensation, which provides medical benefits and wage replacement regardless of fault. However, in cases involving third-party negligence – such as defective equipment, negligent subcontractors, or motor vehicle accidents – injured workers may pursue personal injury claims in addition to workers' comp benefits. Construction accidents are particularly common in New York City and throughout the state, with Labor Law 240 (the "Scaffold Law") providing strict liability protection for workers injured in falls from heights or struck by falling objects.

Medical Malpractice

Medical malpractice cases in New York require proving that a healthcare provider deviated from accepted standards of care, resulting in injury or death. These cases involve surgical errors, misdiagnosis, medication mistakes, birth injuries, and emergency room negligence. New York has specific procedural requirements including a Certificate of Merit that must be filed with the complaint. The statute of limitations is 2.5 years from the date of malpractice or from the end of continuous treatment. Our network includes attorneys experienced in navigating New York medical malpractice law and holding negligent healthcare providers accountable.

Dog Bites and Animal Attacks

New York follows a "one bite rule" for dog bite cases, but owners can be held strictly liable for medical expenses if the dog has shown prior vicious propensity. Owners can also be held liable under negligence principles if they knew or should have known their dog was dangerous. Dog attacks can cause severe physical injuries, scarring, and emotional trauma, particularly in children. Homeowner's and renter's insurance policies often cover dog bite claims, making it possible to recover compensation for medical bills, lost wages, pain and suffering, and disfigurement.

Wrongful Death Claims

When negligence results in a fatality, the personal representative of the deceased's estate can file wrongful death claims in New York to recover damages for funeral expenses, medical bills, lost earnings, and loss of parental guidance. Separate survival actions can recover damages the deceased could have claimed if they had lived, including pain and suffering before death. These cases require compassionate yet aggressive legal representation to ensure families receive the justice and compensation they deserve during an incredibly difficult time.

Product Liability

New York product liability law holds manufacturers, distributors, and retailers strictly liable for injuries caused by defective products. This includes design defects, manufacturing defects, and failure to warn of known dangers. Common product liability cases involve defective medical devices, dangerous pharmaceuticals, defective automobiles, and unsafe consumer products. Victims can recover compensation without proving negligence, only that the product was defective and caused injury.

Average personal injury settlements in New York range from $20,000 for minor soft tissue injuries to over $1 million for catastrophic cases involving permanent disability, traumatic brain injuries, spinal cord injuries, or wrongful death. New York City cases often result in higher verdicts and settlements due to higher jury awards and cost of living. Our network of New York attorneys has recovered tens of millions in compensation for injured clients statewide.