Personal Injury Lawsuit in New York
Filing a personal injury lawsuit in New York is a structured legal process. Understanding the steps, deadlines, and pure comparative fault rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
3 years
Filing Deadline
Pure comparative fault
Fault System
No-Fault
Auto System
$25,000 – $120,000
Avg Settlement
Lawsuit Steps in New York
Hire an Attorney
Most personal injury attorneys in New York work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate New York court. You must file within 3 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under New York court rules.
Key New York Law Facts
New York is a no-fault auto insurance state under Insurance Law § 5102, requiring all drivers to carry basic personal injury protection (PIP) of at least $50,000 per person, which pays medical expenses and 80% of lost earnings regardless of fault.
New York uses pure comparative negligence under CPLR § 1411 — injured victims can recover compensation even if predominantly at fault, with damages simply reduced by the plaintiff's assigned percentage of fault, regardless of how high that percentage is.
Personal injury lawsuits must be filed within 3 years under N.Y. C.P.L.R. § 214; however, claims against New York City require a Notice of Claim within 90 days and carry a separate 1-year-and-90-day limitation period under General Municipal Law § 50-i.