Publish By
February 19, 2024

Personal injury law in New York State governs cases where an individual is harmed due to the negligence or intentional actions of another party. If you're dealing with a personal injury case in New York, here are some key points to consider:

  1. Statute of Limitations: New York has specific time limits, known as statutes of limitations, within which a personal injury lawsuit must be filed. For most personal injury cases, including negligence and medical malpractice, the general statute of limitations is three years from the date of the injury.
  2. Comparative Negligence: New York follows a comparative negligence system. This means that if the injured party is found partially at fault for the accident, their compensation may be reduced by the percentage of their fault. However, as of my last knowledge update in January 2022, New York follows a pure comparative negligence system, which allows injured parties to recover damages even if they are 99% at fault.
  3. No-Fault Car Insurance: New York is a "no-fault" state when it comes to car accidents. This means that, in most cases, individuals injured in a car accident turn to their own insurance coverage for compensation, regardless of who was at fault. However, there are exceptions, particularly in cases of serious injuries that meet certain criteria.
  4. Caps on Damages: New York does not generally impose caps on economic or non-economic damages in personal injury cases. However, there are specific rules regarding punitive damages.
  5. Dram Shop Liability: New York has laws regarding dram shop liability, which means that establishments selling alcoholic beverages may be held responsible for injuries caused by an intoxicated patron if they served alcohol to that person illegally.
  6. Government Liability: If your injury is the result of the negligence of a government entity or employee, different rules and shorter notice periods may apply. Claims against government entities often involve additional procedural requirements.
  7. Dog Bite Law: New York follows a "one-bite" rule for dog bite cases, which means that a dog owner may be held liable for injuries caused by their dog if they were aware of the dog's dangerous tendencies.


The amount of compensation that can be claimed for general damages depends on the type of injury and suffering experienced, and the severity of it, as well as how long quality of life is affected. Therefore, there isn't a 'one sum suits all' approach to general damages; every single claim is different.

New York is one of many “No-Fault” states, meaning that auto insurance companies are required to cover the costs of any accident their clients become involved in, up to the policy limits, no matter who is responsible for causing the accident. This coverage covers medical bills, property damage, and some other economic losses.

New York also follows a “pure comparative fault” guideline when both parties in an accident share responsibility. That means that when deliberating about the accident, the court may reduce any award of damages to the claimant by their percentage of responsibility. For example, you are to be awarded $150,000 for an auto accident. However, the court determines that you are 20% responsible for the accident because you were driving slightly above the speed limit. This means that under the pure comparative fault rule, your compensation would be reduced by 20% to $120,000.

If you need a reliable Personal Injury law firm with years of experience, don't hesitate to reach out to us at 109-12 Jamaica Ave, Queens, NY 11418, United States.

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