Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How long do I have to file a back injury lawsuit in New York?
New York’s statute of limitations for personal injury claims is 3 years from the date of injury under CPLR §214. If you were injured on government property or by a government employee, a Notice of Claim must typically be filed within 90 days. Missing these deadlines will almost certainly bar your claim, so consult an attorney as soon as possible.
What do I need to prove in a New York back injury lawsuit?
To prevail, you must show that another party owed you a duty of care, breached that duty through negligent or reckless conduct, and that the breach directly caused your back injury and resulting damages. Medical records, imaging studies (MRI, CT scans), and expert testimony from treating physicians are typically central to building a strong case in New York courts.
Can I still recover if I was partly at fault for my back injury in NY?
Yes. New York follows a pure comparative negligence rule under CPLR §§1411–1413, meaning you can recover damages even if you were partially at fault. However, your award is reduced in proportion to your share of fault. For example, if you are found 20% responsible, you recover 80% of your total damages.
What types of back injuries can lead to a successful lawsuit in New York?
Many back injuries support a personal injury claim in New York, including herniated discs, spinal fractures, soft tissue damage, and nerve injuries like sciatica. The key is demonstrating that the injury resulted from another party’s negligence — whether from a car accident, slip and fall, workplace incident, or construction accident — and that it caused documented harm.