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New York Injury Claim Rules

Rules cited to New York’s statutes and case lawRules checked How we calculate

Fault rulePure comparativeYou can recover at any fault level. The award is cut by your share.N.Y. CPLR § 1411
Filing deadline3 yearsFrom the date of the injury.N.Y. CPLR § 214(5)
Minimum insurance25/50/10Per person, per crash, property. New York is a no-fault state.N.Y. Veh. & Traf. Law § 311
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

New York personal injury settlementAny injury someone else caused, valued under your state’s fault rule.New York car accident settlementInjury value plus your vehicle claim, with policy limits and no-fault rules.New York truck accident settlementCommercial policies carry far higher limits. See what that changes.New York motorcycle accident settlementSevere-injury ranges, fault disputes and the rider’s own coverage.New York pedestrian accident settlementHit on foot, including crosswalk fault and your own auto coverage.New York bicycle accident settlementCyclist claims under your state’s fault rule.New York rideshare accident settlementUber and Lyft layered coverage, by the driver’s app status.New York slip and fall settlementPremises claims, where proving the owner knew is half the case.New York dog bite settlementStrict-liability and one-bite states, and the homeowner’s policy that pays.New York wrongful death settlementLost support, household services and companionship, valued today.New York pain and sufferingCompare the multiplier and per-diem methods side by side.New York settlement offer checkerPlace an insurer’s offer inside your state’s range.New York demand letterA ready-to-edit demand letter for the insurance adjuster.New York filing deadlineYour last day to file an injury lawsuit, by state and claim type.New York comparative faultHow your share of fault changes the award under your state’s rule.New York policy limits and um/uim gapWhen the other driver’s policy runs out, and what your own covers.New York no-fault and pipPIP benefits in the 12 no-fault states, and when you can sue.

This page collects the rules that decide what an injury claim is worth in New York: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

New York is a no-fault state, so car crash claims start with your own PIP coverage. Pure comparative decides how fault affects everything else.

New York injury claim rules

Fault. New York uses pure comparative fault. If a jury finds you 20% at fault, your award drops by 20%, and you can still recover something even if you were mostly to blame. Insurers still argue your share up, because every point of fault comes off the payout.

Filing deadlines. You have three years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. New York is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $50,000, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need a “serious injury”, such as a fracture, significant disfigurement, a permanent or significant limitation, or an injury that kept you from your usual activities for 90 of the first 180 days. Liability minimums are 25/50/10.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners are liable for injuries if they knew or should have known the dog was vicious. Medical costs are covered without proof of fault if the dog was already declared dangerous.

New York injury claim questions

Can I still get a settlement in New York if I was partly at fault?

Yes. New York uses pure comparative fault, so you can recover even if you were mostly at fault. Your award is reduced by your percentage.

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

three years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does New York cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.