If you were hurt in an accident in New York, you likely have questions about deadlines, fault, compensation, and what the process actually looks like. In short, you generally have three years to file a personal injury lawsuit, New York’s rules on shared fault depend on the type of case, and most claims settle without ever going to trial. New York’s personal injury laws also changed significantly in 2026, particularly for motor vehicle accident claims, so it is worth understanding the current rules before assuming how your case will be handled. Below are answers to the questions we hear most often from injured clients.
How Long Do I Have to File a Personal Injury Claim in New York?
Under New York Civil Practice Law and Rules (CPLR) Section 214, most personal injury actions, including those arising from car accidents, slip and falls, and similar incidents, must generally be filed within three years of the date of the injury. Missing this deadline typically results in your case being dismissed, regardless of how strong it might otherwise be.
This three year window does not apply to every situation. Claims against government entities, such as New York City or a public transit authority, are subject to much shorter notice deadlines, discussed further below. Because deadlines can vary depending on the facts of your case, it is best to consult an attorney as soon as possible after an accident.
Can I Still Recover Compensation If I Was Partly at Fault?
For most types of personal injury cases in New York, including slip and falls, premises liability, and many other claims, the state follows a pure comparative negligence rule under CPLR Section 1411. This means you can recover compensation even if you were partly at fault, with your award reduced in proportion to your share of responsibility.
However, this changed for motor vehicle accident claims in 2026. As part of a broader reform package, New York amended CPLR Section 1411 to add a 50 percent bar specifically for motor vehicle personal injury actions covered under Insurance Law Article 51. Under this change, effective for actions filed on or after May 26, 2026, a claimant who is found more at fault than the defendant cannot recover damages in a car accident case. Pure comparative negligence continues to apply outside of motor vehicle claims.
What Counts as a ‘Serious Injury’ in a New York Car Accident Claim?
New York’s no-fault insurance system generally limits your ability to sue for pain and suffering after a car accident unless you meet the definition of a serious injury under Insurance Law Section 5102(d). As of May 26, 2026, following amendments made by Part EE of Chapter 58 of the Laws of 2026, the categories that can qualify as a serious injury are:
- Death
- Dismemberment
- Significant disfigurement
- A bone fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
An experienced attorney can help evaluate whether your specific injuries meet one of these categories, which often requires supporting medical documentation.
What Compensation Can I Recover in a Personal Injury Claim?
Depending on the facts of your case, you may be able to recover both economic and non-economic damages. Economic damages typically include medical expenses, lost wages, and the cost of future medical care. Non-economic damages generally cover pain and suffering and the impact of the injury on your daily life.
New York does not impose a general cap on personal injury damages the way some states do. Punitive damages are available in limited circumstances, but they require a showing of particularly egregious or reckless conduct and are not awarded in most standard negligence cases. The specific damages available in your case will depend on the severity of your injuries and how they affect your life and livelihood.
Do I Need to Go to Court to Resolve My Claim?
Not necessarily. Many personal injury claims in New York are resolved through negotiation with the insurance company without ever going to trial. Your attorney will typically gather evidence, document your damages, and negotiate with the insurer on your behalf to try to reach a fair settlement.
If the insurance company refuses to offer fair compensation, filing a lawsuit may become necessary to protect your rights, particularly as the statute of limitations approaches. Even after a lawsuit is filed, many cases still settle before trial. Litigation becomes the primary path forward only when a reasonable resolution cannot be reached through negotiation.
What If My Injury Involves a City Agency or Public Property?
Claims involving New York City, a transit authority, a public school, or another government entity are subject to special procedural requirements that are much stricter than an ordinary personal injury claim. Under New York General Municipal Law Section 50-e, you generally must file a formal notice of claim within 90 days of the incident before you can sue a municipality or public entity.
This 90 day window is far shorter than the standard three year statute of limitations, and missing it can permanently bar your claim. If your accident involved a city vehicle, a transit authority bus or train, or occurred on public property, it is important to speak with an attorney immediately to preserve your rights.
How Much Does It Cost to Hire a Personal Injury Lawyer?
Most personal injury attorneys in New York, including Restivo & Murphy LLP, work on a contingency fee basis. This means you do not pay any upfront legal fees, and the attorney is only paid a percentage of your final recovery if your case is successful. If you do not recover compensation, you typically owe no attorney’s fees.
This arrangement allows injured people to obtain experienced legal representation regardless of their financial circumstances at the time of the accident. Fee percentages and the specific terms of representation can vary, so it is a good idea to discuss the details during your initial consultation.
Talk to a New York Personal Injury Lawyer
New York personal injury law changed in significant ways in 2026, and having accurate answers matters more than ever when you are deciding how to move forward after an accident. Restivo & Murphy LLP represents injured clients throughout New York City, Long Island, Nassau County, and Suffolk County, handling car accident claims and broader personal injury matters, including cases involving city vehicles and transit authorities.
If you have questions about your personal injury claim, call (516) 212-0476 for a free consultation, available 24/7.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.