Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can a foreign national file a personal injury lawsuit in New York?
Yes. New York courts do not restrict access based on citizenship or immigration status. If you were injured in New York, you have the same right to file a personal injury claim as any U.S. citizen. Courts apply New York law to injuries that occur within the state.
How long does a foreign national have to sue for a personal injury in New York?
New York imposes a three-year statute of limitations on most personal injury claims under CPLR § 214. This deadline applies regardless of your nationality or where you live. If you return home before the deadline, you can still pursue your case through an attorney in New York.
Does my visa status or immigration status affect my ability to sue in New York?
No. Whether you entered on a tourist visa, student visa, or any other status, your immigration situation does not bar you from suing in New York civil courts. New York law recognizes the right of all injured parties to seek compensation, regardless of their status.
Which country’s law applies if I was injured in New York as a foreign visitor?
New York law applies. When an injury occurs in New York, New York courts apply New York tort law to determine liability and damages. Your home country’s legal standards are not relevant to your claim in a New York court.