Personal Injury Law: New York



New York is a “Comparative-Fault” State

In the state of New York, claimants can be partially responsible for their own injuries and still receive compensation-- provided he or she holds less responsibility than the other parties named in the case.

New York’s personal injury laws are more complex than those of most comparative-fault states. In New York:

  1. Any party that is more than 50 percent responsible for the injuries in question will be required to pay their percentage of the economic (financially-based) damages.
  2. Parties named in a claim that are less than 50 percent responsible, must pay a portion of the non-economic damages proportional to their degree of liability.
  3. More often than not, any party found to be more than 50 percent responsible for the claimant’s injuries will file separate lawsuits to recover a portion of the damages they are expected to pay.
  4. The claimant’s degree of responsibility for their own injuries will affect their compensation accordingly. In other words, if a claimant is found 10 percent responsible for their own injuries, they will only receive 90 percent of the compensation they would have otherwise been entitled to.

Potential Damages for Personal Injury in New York

In New York, claimants can seek both economic and non-economic losses. Economic damages include medical expenses, lost wages, property damage, and supportive care expenses. Non-economic damages include compensation for the pain and suffering caused by the injuries in question.

Statute of Limitations for Personal Injury Claims in New York

The state of New York has specific regulations regarding the amount of time in which a claimant is allowed to file a personal injury claim. These regulations, or statutes of limitations, vary depending on the case type.

The statute of limitations for libel and slander is one year, for medical malpractice it is two years, and for all personal injury claims it is three years. It is advisable to file a claim as soon as you realize you have been injured. However, some injuries may not be immediately apparent. If a claimant realizes that he or she has been injured due to the negligence of another party and the statute of limitations has already expired, a personal injury attorney may be able to help them receive compensation.

New York Personal Injury Lawyer

If you are unfamiliar with New York personal injury laws, hiring a personal injury attorney is advisable. He or she will be able to help you determine the type of damages you should seek and pinpoint which parties are responsible for your injuries. Hiring a professional will increase your chances of receiving the compensation you deserve.