Personal Injury Laws in New York

Personal Injury Law in New York: Overview

New York follows a pure comparative fault system, allowing plaintiffs to recover damages regardless of their percentage of fault. The state has a three-year statute of limitations for most personal injury claims. New York is a no-fault auto insurance state requiring personal injury protection (PIP) coverage and imposing a "serious injury" threshold for tort claims. The state does not impose general caps on compensatory damages. New York is one of the most significant personal injury jurisdictions in the country, with extensive case law and some of the highest jury verdicts nationally. The state has unique provisions including Labor Law Section 240 (the "scaffold law"), which imposes absolute liability on property owners and contractors for gravity-related construction site injuries.

Key Statutes & Deadlines

No-Fault Auto Insurance and Serious Injury Threshold

New York requires all drivers to carry no-fault PIP coverage of at least $50,000, which covers medical expenses, lost wages (up to $2,000/month), and other out-of-pocket expenses regardless of fault. To step outside the no-fault system and bring a tort claim for pain and suffering, the injured party must demonstrate a "serious injury" as defined by N.Y. Insurance Law § 5102(d). The serious injury categories include death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ, permanent consequential limitation of use, significant limitation of use of a body function, or a medically determined injury preventing normal activities for 90 of the 180 days following the accident.

Labor Law Section 240 - The Scaffold Law

New York's Labor Law Section 240(1), known as the "scaffold law," imposes absolute liability on property owners and general contractors for gravity-related injuries sustained by workers at construction sites. If a worker falls from a height or is struck by a falling object due to the failure to provide proper safety devices (scaffolding, hoists, ladders, etc.), the owner and general contractor are absolutely liable regardless of the worker's own negligence. Comparative fault is not a defense. This law makes New York unique among all 50 states and generates significant litigation. It applies to construction, renovation, painting, demolition, and repair work on buildings and structures.

Notice of Claim for Government Cases

Claims against New York government entities require a notice of claim within 90 days of the incident under General Municipal Law § 50-e. This is one of the most strictly enforced notice requirements in the country. The notice must describe the nature of the claim, the time and place of the incident, and the damages sought. Late notices may be allowed by court order if the delay is excusable and the government entity was not prejudiced, but courts apply a rigorous standard. After filing the notice, the government entity typically schedules a hearing (known as a "50-h hearing") to examine the claimant under oath before a lawsuit can be filed.

New York Court System

New York's Supreme Court serves as the trial court of general jurisdiction for personal injury cases (confusingly, "Supreme Court" is not the highest court in New York). The state has 62 counties with Supreme Court locations. New York City Civil Court handles claims up to $50,000. Appeals from Supreme Court go to the Appellate Division (four departments), and further review is available from the Court of Appeals, which is New York's highest court. Civil juries consist of 6 members in most cases, with verdicts requiring a five-sixths majority. New York City's courts handle enormous volumes of personal injury litigation.

Damages & Penalties

New York allows full recovery of economic damages without statutory caps. Non-economic damages are not capped in standard personal injury cases. New York does not have a broad punitive damages statute, but punitive damages are available under common law when the defendant's conduct was intentional, malicious, outrageous, or demonstrated a reckless disregard for the rights of others. There is no statutory cap on punitive damages, though they must be reasonable. New York follows the collateral source rule. Pre-judgment interest is available at 9% per annum from the date the cause of action accrued. New York is known for large jury verdicts, particularly in New York City, where juries have historically been more generous.

Recent Legislative Changes

New York has faced ongoing debate about reforming the scaffold law (Labor Law § 240), which is considered the most protective construction worker liability law in the country. Legislative sessions have addressed rideshare liability, the statute of limitations for child sexual abuse claims, and insurance coverage requirements. Courts continue to refine the serious injury threshold for no-fault auto cases.

Frequently Asked Questions