Personal Injury Law in New York

Injured by Someone Else’s Negligence? Know What Your Case Is Worth Before You Talk to an Insurance Company.

Last reviewed by Attorney Ronald S. Cook — April 2026

When you are injured because someone else was careless, reckless, or negligent, New York law entitles you to compensation — for your medical expenses, lost wages, pain and suffering, and the ways the injury has changed your life. But insurance companies do not pay fair value voluntarily. They pay what they are forced to pay. The quality of your legal representation determines the number.

Call (888) 275-2620 or text (631) 678-8993 for a free consultation. No fee unless we recover for you.

How New York Personal Injury Law Works

Negligence — The Foundation of Most Claims

To recover damages in a New York personal injury case, you must prove four elements: the defendant owed you a duty of care, the defendant breached that duty, the breach caused your injury, and you suffered actual damages. The standard is what a reasonable person would have done under the same circumstances. If the defendant fell below that standard and you were hurt as a result, you have a claim.

Comparative Fault — CPLR 1411

New York is a pure comparative negligence state. That means your recovery is reduced by your percentage of fault — but it is never eliminated. If you were 30% at fault for the accident and your total damages are $100,000, you recover $70,000. If you were 80% at fault, you still recover $20,000. This is more favorable to injured plaintiffs than the rule in many other states, which bar recovery entirely if the plaintiff is more than 50% at fault. The insurance company will try to shift as much fault to you as possible — expect it, and be prepared for it.

No-Fault Insurance — Insurance Law Article 51

New York is a no-fault state for motor vehicle accidents. Your own insurance carrier pays your medical expenses and lost wages (up to policy limits) regardless of who caused the accident, through Personal Injury Protection (PIP) benefits. The tradeoff is that you cannot sue the other driver for pain and suffering unless your injury meets the “serious injury” threshold defined in Insurance Law § 5102(d). Serious injury includes bone fractures, significant disfigurement, permanent limitation of use, and other defined categories. Whether your injury qualifies is often the most contested issue in a New York auto accident case.

Strict Liability — When Negligence Is Not Required

Certain claims do not require proof of negligence. Product liability claims against manufacturers and sellers of defective products can proceed on strict liability theories — design defect, manufacturing defect, or failure to warn. Construction accident claims under Labor Law § 240(1) (the “Scaffold Law”) impose absolute liability on property owners and general contractors for gravity-related injuries, regardless of the injured worker’s own negligence.

Types of Cases We Handle

Motor Vehicle Accidents

Car accidents, motorcycle accidents, truck accidents, pedestrian knockdowns, and bicycle collisions. New York auto cases involve the interplay of no-fault benefits (Insurance Law Article 51), the serious injury threshold (§ 5102(d)), and the liability claim against the at-fault driver. Truck accident cases add a layer of federal regulation (FMCSA hours-of-service rules, maintenance requirements, and driver qualification standards) that can establish negligence per se. Motorcycle riders are not covered by no-fault and can sue for all injuries without meeting the serious injury threshold.

Slip, Trip, and Fall

Premises liability claims against property owners, landlords, businesses, and municipalities. New York law requires property owners to maintain their premises in a reasonably safe condition (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986)). The critical issues are whether the owner created the dangerous condition, had actual or constructive notice of it, and had a reasonable opportunity to correct it. Snow and ice cases are governed by additional rules, including the “storm in progress” doctrine.

Construction Accidents

New York provides some of the strongest protections for injured construction workers in the country:

Labor Law § 240(1) — the Scaffold Law. Imposes absolute liability on owners and general contractors for gravity-related injuries (falls from heights, falling objects) when proper safety devices were not provided. Comparative negligence is not a defense. This is one of the most powerful statutes available to injured workers anywhere in the United States.
Labor Law § 241(6) — requires owners and contractors to comply with specific safety rules in the Industrial Code (12 NYCRR Part 23). Violation of an applicable Industrial Code provision establishes a non-delegable duty and can form the basis of liability.
Labor Law § 200 — codifies the common-law duty of property owners to maintain a safe workplace. Requires proof that the owner exercised supervisory control over the work or had notice of the dangerous condition.

Medical Malpractice

Claims against physicians, surgeons, hospitals, nursing staff, and other healthcare providers for treatment that fell below the accepted standard of care. New York medical malpractice cases require expert testimony establishing the standard, the departure, and causation. The statute of limitations is two years and six months from the act of malpractice (CPLR 214-a), with a continuous treatment doctrine that may extend the accrual date. A certificate of merit is required within 90 days of filing (CPLR 3012-a).

Nursing Home Abuse and Neglect

Claims against nursing facilities for physical abuse, neglect, falls, pressure ulcers, malnutrition, dehydration, medication errors, elopement, and wrongful death. Nursing home cases may proceed under common-law negligence, Public Health Law § 2801-d (which creates a private right of action for violations of nursing home residents’ rights), or both. Public Health Law claims allow recovery of punitive damages and attorney’s fees — remedies not available under a standard negligence theory.

Product Liability

Claims against manufacturers, distributors, and retailers for injuries caused by defective or dangerous products. New York recognizes three theories: design defect, manufacturing defect, and failure to warn. Strict liability applies — the plaintiff does not need to prove negligence, only that the product was defective and the defect caused the injury.

Wrongful Death

When negligence causes death, New York’s wrongful death statute (EPTL § 5-4.1) allows the personal representative of the estate to bring a claim for the benefit of the decedent’s distributees. Recoverable damages include loss of financial support, loss of parental guidance (for minor children), funeral expenses, and medical expenses incurred before death. A separate survival action (EPTL § 11-3.2) allows recovery for the decedent’s own pain and suffering between the injury and death. The statute of limitations is two years from the date of death.

What You Can Recover

New York personal injury damages fall into several categories:

Medical expenses — past and future. Hospital bills, surgery, physical therapy, medication, medical devices, home care, and any treatment reasonably related to the injury.
Lost wages and earning capacity — income lost because of the injury, and — if the injury is permanent — the reduction in your ability to earn income in the future.
Pain and suffering — physical pain, emotional distress, loss of enjoyment of life, and the impact of the injury on your daily activities and relationships. Pain and suffering often represents the largest component of a personal injury verdict.
Loss of consortium — a separate claim by a spouse for the loss of companionship, affection, and support caused by the injury.
Property damage — repair or replacement of damaged property (vehicle, personal belongings).

New York does not cap compensatory damages in most personal injury cases. There is no statutory limit on pain and suffering awards in auto accident, premises liability, or construction accident cases. Medical malpractice cases have certain procedural requirements but no damages cap.

Deadlines — Statutes of Limitations

Miss the deadline and you lose the right to sue, regardless of how strong the case is:

General personal injury: 3 years (CPLR 214(5))
Medical malpractice: 2 years, 6 months (CPLR 214-a)
Wrongful death: 2 years from date of death (EPTL § 5-4.1)
Claims against municipalities (New York City, counties, towns, school districts, public authorities): Notice of claim within 90 days of the incident (GML § 50-e), lawsuit within 1 year and 90 days (GML § 50-i)
Claims against the State of New York: Filed in the Court of Claims; notice of intention or claim within 90 days (Court of Claims Act § 10)

The 90-day municipal notice of claim deadline is the most commonly missed deadline in New York personal injury practice. If your injury involved a city sidewalk, a public bus, a public hospital, a school, a park, a government vehicle, or any government entity or employee, the clock is already running.

What to Do After an Injury

Get medical treatment immediately. Your health is the priority — and the medical records created at the time of the injury are the foundation of your case. Gaps in treatment give the insurance company ammunition to argue your injuries are not serious.
Do not give a recorded statement to the other side’s insurance company. You are not required to do so, and anything you say will be used to minimize your claim.
Preserve evidence. Photograph the scene, your injuries, and any defective condition. Get the names and contact information of witnesses. Keep all medical records, bills, and receipts.
Do not post about the accident or your injuries on social media. Insurance companies monitor social media and will use your posts against you.
Consult an attorney before accepting any settlement offer. The first offer from an insurance company is almost never fair. Once you accept, you cannot go back.

Why Clients Choose Ronald S. Cook, P.C.

Free consultation. We evaluate your case at no cost and with no obligation.
No fee unless we recover for you. Contingency fee representation — you pay nothing unless we win.
Thousands of five-star reviews from clients across New York.
Available 24/7.
Suffolk and Nassau County offices — Smithtown and Garden City.
Dual LL.M. degrees and MBA — Attorney Cook brings financial analysis to damages calculations, lost earnings projections, and settlement evaluation.

Attorney Ronald S. Cook is the author of Injured and Seeking Justice: Your Guide to Winning Compensation in New York, available on Amazon.com. View all books by Attorney Cook on Amazon.

Free Consultation — Call Now

If you or a family member has been injured due to someone else’s negligence, contact us immediately. We will evaluate your case, explain what it may be worth, and tell you what to expect going forward. There is no fee unless we recover for you.

Call (888) 275-2620 · Available 24/7

Text (631) 678-8993

Free consultation · No fee unless we win · Suffolk and Nassau County · All 62 New York counties

Last reviewed by Attorney Ronald S. Cook — April 2026

This page is for informational purposes only and does not constitute legal advice.