New York’s personal injury laws are notoriously difficult to comprehend. To ensure you understand what is happening throughout your case, our New York personal injury lawyers are breaking down some of the most important personal injury laws and questions that apply to your case.
If you want more information on any of these topics, we cover them in full in this series:
- New York’s Personal Injury Statute of Limitations
- New York Construction Accident Law
- How You File a Personal Injury Lawsuit in New York
- How Personal Injury Lawsuits Work in New York
- How Much You Should Ask for in a Personal Injury Settlement
- How Much of a Personal Injury Settlement is Taxable/Not Taxable
- How Long Personal Injury Lawsuits Take to Resolve
Personal Injury Laws That Could Affect Your Case
Understanding how personal injury laws apply to your case can feel overwhelming, especially when you’re trying to recover from a serious injury at the same time. In New York, these laws are not only complex, but they can also have a direct impact on your ability to recover compensation and the amount of time you have to act.
We believe that informed clients are empowered clients. That’s why our attorneys take the time to break down the key laws and legal concepts that could shape your case, from strict filing deadlines to the specific rules that apply in high-risk industries like construction.
The Statute of Limitations in New York
New York CPLR § 214 states, “the following actions must be commenced within three years:…an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215.”
Per CPLR § 214, you generally have three years to file a personal injury lawsuit in New York. This deadline applies to most cases, including car accidents, truck accidents, slip and falls, bicycle accidents, and construction accidents.
Cases against a government agency follow a shorter timeline. Wrongful death and medical malpractice cases also have their own separate deadlines.
If you fail to file before the statute of limitations expires, the court will likely dismiss your case. Without the threat of a lawsuit, insurance companies have little incentive to offer you fair compensation.
New York Construction Accident Laws
New York has some of the strongest worker protection laws in the country. Three key statutes govern construction accident cases:
- Labor Law § 200 requires that all workplaces, including construction sites, be constructed, equipped, and operated to provide reasonable and adequate protection to workers and anyone lawfully present. The Commissioner can prohibit the use of dangerous or defective machinery if an inspection finds a tool to be in a dangerous condition.
- Labor Law § 240(1) — The Scaffold Law requires property owners and contractors to provide safe equipment such as scaffolds, ladders, and hoists for workers at elevated heights. If they fail to do so and a worker is hurt in a gravity-related accident, such as a fall from scaffolding or being struck by a falling object, the owner or contractor can be held strictly liable. That means the injured worker does not need to prove carelessness, only that the required safety equipment was absent or unsafe.
- Labor Law § 241(6) requires that all construction, excavation, and demolition sites be maintained to provide reasonable and adequate safety for workers and anyone lawfully present. To bring a claim under this law, you do not need to prove that the owner or contractor was personally careless; you only need to show that a specific safety regulation was violated and that it led to the injury or death.
New York’s No-Fault Law
New York is a no-fault state, which means you typically must turn to your own insurance policy to cover your injuries and losses.
Under 11 NYCRR 65, “every owner’s policy of liability insurance…shall contain provisions providing minimum first-party benefits equal to those set out below in the mandatory personal injury protection endorsement (New York), or mandatory personal injury protection endorsement – motorcycles (New York), respectively.”
Per ISC § 5102, insurance policies with at least $50,000 for “basic economic loss” are mandatory in New York. These policies cover:
- “All necessary expenses for: Medical, hospital, surgical, nursing, dental, ambulance, x-ray, prescription drug, and prosthetic services, Psychiatric, physical therapy, occupational therapy, and rehabilitation, Any non-medical remedial care and treatment render[ed] in accordance with a religious method of healing recognized by the laws of this state, Any other professional health services”
- Eighty percent of “loss of earnings from work which the person would have performed had he not been injured, and reasonable and necessary expenses incurred by such person in obtaining services in lieu of those that he would have performed for income, up to $2,000 per month for not more than three years from the date of the accident causing the injury.” with exceptions
- “All other reasonable and necessary expenses incurred, up to $25 per day for not more than one year from the date of the accident causing the injury.”
New York’s Serious Injury Threshold
As we discussed above, you must first turn to your own insurance coverage for your injury-related expenses. However, there are certain cases that allow an injured person to step outside the no-fault laws and file a claim or lawsuit against the at-fault party. You must meet what is called the “serious injury threshold,” detailed in ISC § 5102. Per this statute, a serious injury is one that causes:
- “Death;
- Dismemberment
- Significant disfigurement
- A fracture
- Loss of a fetus;
- Permanent loss of use of a body organ, member, function or system;
- Permanent consequential limitation of use of a body organ or member;
- Significant limitation of use of a body function or system;
- Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the 180 days immediately following the occurrence of the injury or impairment.”
New York’s Comparative Negligence Law
New York operates under a comparative negligence statute that allows injured people who contributed to their injuries and accidents to recover compensation. Per CPLR § 1411:
“In any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery, but the amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages.”
New York’s Wrongful Death Law
EPTL § 5-4.1 both defines wrongful death and establishes who can file a wrongful death case.
“The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent’s death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued.”
Strict Liability Laws
Strict liability laws can apply in product liability cases and dog bite cases in New York.
In product liability cases, strict liability means that you don’t need to establish negligence to hold the manufacturer or other party responsible.
In dog bite cases, an owner is strictly liable for injuries if the dog has a history of aggression, such as a prior bite. This means the plaintiff doesn’t need to prove the dog owner’s negligence.
Premises Liability Laws
Property owners are expected to keep their premises free from hazards for both invitees and licensees. An invitee is someone the property owner specifically invited onto the property for business or social purposes, while a licensee is someone who is on the property lawfully for their own purposes.
A trespasser is someone whom the property owner did not invite onto the property. Property owners don’t have a duty of care to known trespassers; however, they cannot purposefully injure them.
What You Should Know About Personal Injury Claims
Knowing how to handle an injury claim can help reduce stress and prevent mistakes.
How to File a Personal Injury Lawsuit in New York
Filing a personal injury lawsuit involves several important steps:
- Meet the serious injury threshold (in some cases). Motor vehicle accident claims must meet New York’s “serious injury” threshold to pursue compensation beyond your personal injury protection insurance. Qualifying injuries include significant disfigurement, bone fractures, permanent limitations of a body organ or member, and substantial disability lasting at least 90 days.
- Gather evidence. Medical records, police reports, photographs, witness statements, and employment records all help establish your case.
- Determine who is liable. Potentially liable parties may include drivers, property owners, employers, manufacturers, medical professionals, and government entities.
- Prove negligence. Your attorney must establish that the other party owed you a duty of care, breached it, and that the breach caused your injuries and damages.
- File the complaint. Your attorney submits a complaint to the appropriate court outlining your allegations, the liable party, and the damages you are seeking. The defendant must then be formally served.
- Manage deadlines. The statute of limitations is generally three years, though claims against government entities have much shorter deadlines. Missing a deadline can cost you your right to compensation.
How Personal Injury Lawsuits Work
Most personal injury cases follow a similar path, whether or not they go to trial.
- Pre-lawsuit phase. Before a lawsuit is filed, attorneys typically investigate the claim, collect evidence, and send a demand letter to the at-fault party’s insurance company. The demand letter outlines the facts, explains why the insured is legally responsible, and details the plaintiff’s injuries and damages. Settlement negotiations often follow, and in many cases, these discussions lead to a resolution without the need for a lawsuit.
- Discovery. After both sides have filed their initial pleadings, the case moves into discovery, which is a formal exchange of information that can include written interrogatories, document requests, and depositions where witnesses give sworn testimony outside of court. Discovery is often the longest stage of litigation.
- Pre-trial and negotiations. Both sides may file pre-trial motions and continue negotiating with the insurance adjuster. Many cases are resolved through a settlement agreement rather than a trial.
- Trial (if necessary). If a settlement cannot be reached, the case proceeds to trial, where both sides present evidence before a judge or jury. After closing arguments, the jury deliberates and issues a verdict determining liability and the amount of compensation to be awarded.
How Much to Ask for in a Personal Injury Settlement
What you should ask for in a personal injury settlement depends on the specifics of your injuries and your case; however, all costs related to your injury may be compensable.
Common categories of recoverable damages include:
- Medical expenses, including past and future costs including hospital stays, surgeries, prescriptions, physical therapy, and assistive devices
- Lost wages, i.e., income lost while recovering, as well as diminished earning capacity if your injuries prevent you from returning to your prior work
- Property damage, including repair or replacement costs for vehicles and personal belongings damaged in the accident
- Miscellaneous expenses, such as transportation to medical appointments, parking fees, the cost of hiring household help, childcare, in-home nursing, and home modifications can all add up significantly over time
- Pain and suffering, e.g., physical discomfort and emotional toll caused by an injury, chronic pain, limited mobility, anxiety, depression, and post-traumatic stress
- Loss of enjoyment of life, i.e., the inability to participate in hobbies, activities, and daily routines you once enjoyed
How Much of a Personal Injury Settlement Is Taxable?
The tax treatment of a personal injury settlement depends on the type of damages received.
- Generally not taxable: Compensation for medical bills, lost wages tied directly to a physical injury, and emotional distress damages connected to a physical injury are typically excludable from gross income, under Internal Revenue Code § 104(a)(2).
- Taxable: Punitive damages are always taxable under federal law. Interest received on a settlement is also taxable and must be reported as interest income.
- Potentially taxable: Property damage settlements can be taxable in certain circumstances, specifically when the settlement exceeds the adjusted basis of the property involved.
Tax rules in this area can be complicated, particularly if you paid medical bills across multiple years or took prior deductions. Consulting an experienced accountant alongside your personal injury attorney is the best way to understand your specific situation.
How Long New York Personal Injury Lawsuits Take to Resolve
There is no single answer to how long a personal injury lawsuit takes to resolve; it depends entirely on the facts of the case. Several factors influence the timeline, including:
- The potential value of the case
- How long it takes to reach maximum medical improvement
- Whether fault is disputed
- Whether the parties can reach a negotiated settlement or must go to trial
Insurance companies often delay higher-value claims by requesting excessive documentation, disputing liability, or dragging out negotiations in hopes that injured parties will accept less. High-profile cases such as aviation or train accidents may also require extended investigations before a claim can be resolved.
It is also important to remember that some delays are out of your control. New York courts handle a high volume of cases, and scheduling backlogs can slow the process if your case must go to trial.
We Understand New York Personal Injury Law
At Aviles Law Firm PLLC, New York personal injury law isn’t just something we practice; it’s what we know inside and out. With over 100 combined years of proven experience, we’re ready to fight relentlessly for you and your loved ones. Contact us today to get the experienced, compassionate representation you deserve.
