How to File a Personal Injury Lawsuit in New York

Under CPLR §214, most personal injury plaintiffs in New York have three years from the date of injury to file suit. There are exceptions: claims against a government entity require a Notice of Claim within 90 days, and medical malpractice claims carry a 2.5-year statute of limitations. Missing the deadline typically bars your claim permanently, so consult an attorney as soon as possible.

New York follows a negligence standard requiring you to prove four elements: duty (the defendant owed you a legal duty of care), breach (they violated that duty), causation (the breach directly caused your injuries), and damages (you suffered actual harm). New York also uses pure comparative fault under CPLR Article 14-A, meaning your recovery is reduced by your percentage of fault but is not eliminated even if you were mostly at fault.

Most New York personal injury cases settle before trial, typically within one to three years after filing. Cases that proceed to trial in NYC courts can take three to five years due to court backlog. The timeline depends on injury severity, the complexity of liability, and whether the defendant’s insurer disputes the claim. Gathering full medical records and reaching maximum medical improvement generally takes six to eighteen months before a fair settlement can be assessed.

You are not legally required to hire an attorney, but New York personal injury cases involve complex procedural rules, discovery obligations, and insurance defense tactics that make self-representation risky. Most personal injury attorneys in New York work on a contingency fee, meaning no upfront cost and payment only if you recover. An experienced attorney typically secures significantly higher settlements and can navigate New York’s comparative fault rules to protect your full recovery.