How long do I have to file a personal injury claim in New York?

In New York, the statute of limitations for most personal injury claims is 3 years. You must file your lawsuit within 3 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in New York personal injury cases?

In New York: No cap on compensatory damages. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in New York?

Average personal injury settlements in New York range from approximately $90,000–$500,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

New York Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in New York?

New York uses Pure comparative fault. Your compensation is reduced by your percentage of fault in causing the accident.

3 years Filing deadline

Pure Fault system

$90,000 Avg settlement (low)

6 Common case types

Overview of Personal Injury Law in New York

New York uses a pure comparative fault system with no cap on compensatory damages. New York City courts are known for some of the highest personal injury verdicts in the nation. The state has a 3-year statute of limitations for most negligence claims.

This guide covers the most important rules for personal injury claims in New York, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed New York attorney for your specific situation.

Key New York Personal Injury Statutes

CPLR § 214 (SOL)

CPLR § 1411 (comparative fault)

Est. Powers & Trusts Law § 5-4.1 (wrongful death)

Most Common Personal Injury Cases in New York

Car Accidents

Medical Malpractice

Slip & Fall

Construction Accidents

Product Liability

Wrongful Death

New York Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages

Average Settlement $90,000–$500,000

Fault System Pure comparative fault

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within New York.

Frequently Asked Questions — New York Injury Law

How long do I have to file a claim in New York?

In New York, you generally have 3 years to file a personal injury lawsuit from the date of injury. Key statute: CPLR § 214.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a New York attorney to confirm your deadline.

What is New York's fault system?

New York uses Pure comparative fault. Your compensation is reduced by your percentage of fault. You can recover even if mostly at fault, though damages are reduced proportionally.

Are there damage caps in New York?

New York damage rules: No cap on compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in New York?

Personal injury settlements in New York average approximately $90,000–$500,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

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Injured in New York? Get Help Now.

Personal injury laws in New York can be complex and deadlines are strict. A qualified New York personal injury attorney can evaluate your case for free — with no upfront costs.

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⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed New York attorney for legal advice.