How to File a Personal Injury Lawsuit in Garden City, NY

New York law gives most personal injury victims 3 years from the date of injury to file a lawsuit under CPLR §214. Missing this deadline almost always bars your claim entirely. Exceptions exist for minors, claims against government entities (which require a Notice of Claim within 90 days), and cases where the injury was not immediately discoverable, so consult an attorney as soon as possible to confirm your specific deadline.

To prevail in a NY personal injury lawsuit, you must establish four elements: duty (the defendant owed you a duty of care), breach (they failed to meet that duty), causation (their breach directly caused your injury), and damages (you suffered measurable harm). New York follows a pure comparative negligence rule, meaning your compensation is reduced by your percentage of fault—but you can still recover even if you were partly to blame.

Start by seeking medical attention and documenting all injuries, then preserve evidence such as photos, witness contact information, and incident reports. Garden City is in Nassau County, so most lawsuits are filed in Nassau County Supreme Court. You or your attorney must prepare and serve a Summons and Complaint on the defendant within the statute of limitations. Many cases settle before trial, but filing formally protects your right to compensation and signals you are serious about your claim.

You are not legally required to hire an attorney, but personal injury cases involving Nassau County courts, insurance defense firms, and New York comparative negligence rules are complex. Attorneys who handle NY personal injury cases typically work on contingency—meaning no upfront fee—so there is little financial risk to consulting one. An experienced lawyer can investigate the accident, negotiate with insurers, and maximize your recovery under New York law.