After a serious accident, the questions arrive faster than the answers. How long do you have to file? What happens if the insurance company says you were partly at fault? What is your case actually worth? This library was built by the attorneys at Buttafuoco & Associates to answer those questions in plain language, using New York’s own statutes and agencies as the source. If your situation calls for direct guidance, a New York personal injury lawyer at our firm will review it at no charge. We have been doing this work across the state since 1981.
Understanding Personal Injury Law in New York
New York injury law is unusually technical. Motor vehicle claims run through a No-Fault system before a lawsuit is even possible. Construction cases carry their own absolute liability statutes under Labor Law §§ 240 and 241. And in May 2026, the Legislature amended CPLR § 1411 to add a new subsection (b), which changed the fault rules for a large category of motor vehicle cases. The guides below explain the framework that governs your claim.
Understanding Negligence in New York: The four elements every claim must prove, including duty, breach, causation, and damages.
New York’s Comparative Fault Law Explained: New York remains a pure comparative fault state for most claims, but the 2026 amendment to CPLR § 1411 created a 50% bar for personal injury actions subject to Insurance Law Article 51. This is the single most important recent change in New York injury law.
Statute of Limitations for Personal Injury Cases in New York: Three years for most negligence claims under CPLR § 214(5), two and a half years for medical malpractice under CPLR § 214-a, two years for wrongful death under EPTL § 5-4.1, and just 90 days to serve a notice of claim against a municipality.
Understanding Liability in New York Accidents: Who can be held responsible, including property owners, general contractors, municipalities, and employers under respondeat superior.
What Evidence Do You Need for a Personal Injury Claim: Police reports, surveillance footage, black box downloads, medical records, and the proof that decides close cases.
Economic vs. Non-Economic Damages in New York: What each category covers and why New York places no cap on either in most injury cases.
How Pain and Suffering Is Calculated in New York: Why the “serious injury” threshold in Insurance Law § 5102(d) controls whether a car accident victim can recover for pain and suffering at all.
How Contingency Fees Work: Why you owe nothing unless we recover, and how New York’s sliding scale rule applies to medical malpractice cases.
Common Injuries After an Accident
The nature of the injury shapes everything downstream: the medical proof required, the threshold analysis in a motor vehicle case, and the ultimate value of the claim. Our attorneys have handled the full range, from soft tissue injuries to catastrophic harm requiring lifetime care.
Traumatic Brain Injuries: Including mild TBI and concussions, which are frequently missed in emergency rooms. See also our brain injury attorney in New York page.
Back and Spinal Cord Injuries: Covering herniated discs, radiculopathy, and paralysis. Our New York back and neck injury lawyers handle these cases daily.
Soft Tissue Injuries: Including whiplash, sprains, and strains, and why insurers fight them hardest.
Catastrophic Injuries: Such as amputations, severe burns, and injuries that permanently change how a family lives.
The Personal Injury Claims Process
Most New Yorkers only go through this once. Knowing the sequence, and the deadlines built into it, protects your claim from the very first week.
When Should You Hire a Personal Injury Lawyer?
What to Do Immediately After a Car Accident in New York: Including the 10 day MV-104 filing requirement under VTL § 605 and the 30 day No-Fault application deadline.
Dealing With Insurance Companies After an Accident: Covering how recorded statements, independent medical examinations, and early offers are used against claimants.
How Long Does a Personal Injury Case Take in New York? Realistic timelines from investigation through discovery, mediation, and trial.
Important New York Accident Resources
New York recorded 1,175 traffic fatalities in 2022, the highest total in a decade according to the Office of the New York State Comptroller, with Suffolk and Nassau Counties leading the state. Preliminary state data show meaningful improvement more recently, but the underlying risks have not disappeared.
New York Car Accident Statistics
Most Dangerous Roads and Highways in New York: From the Long Island Expressway and Southern State Parkway to I-90 through the Capital Region and I-490 in Monroe County.
New York Government Resources
New York State DMV: File a Motorist Crash Report: Required within 10 days when anyone is injured or property damage exceeds $1,000.
MV-104 Report of Motor Vehicle Crash (PDF)
New York State Police: Obtain a Copy of a Crash Report
NYS Department of Financial Services: File an Insurance Complaint: DFS regulates auto and health insurers in New York. Consumer hotline: (800) 342-3736.
NYS Department of Health: State Trauma Program
NYS Health Profiles: Designated Trauma Centers
New York State Unified Court System
Institute for Traffic Safety Management & Research: Crash Data Repository
Local New York Resources
New York Trauma Centers and Emergency Rooms: More than 45 verified Level I through Level III trauma centers serve New York State, from Albany Medical Center to Strong Memorial in Rochester.
New York Courts and Filing a Personal Injury Lawsuit: Which court hears your case, where venue lies, and how e-filing works.
Talk to a New York Personal Injury Attorney Today
Buttafuoco & Associates has represented injured New Yorkers since founder Daniel P. Buttafuoco opened the firm in 1981. Dan has been a National Board of Trial Advocacy Certified Civil Trial Lawyer since 1989 and holds the third highest recorded personal injury settlement in New York State history. Managing attorney Mark T. Freeley has tried cases in Suffolk, Nassau, Queens, Bronx, Kings, and New York Counties and has conducted nearly 1,000 depositions in accident injury actions. Our results include a structured dog bite settlement ultimately worth $1.3 million, among the largest reported in state history.
If you need a personal injury lawyer, you can call 1-800-NOW-HURT, request a free case review, or contact us online. The consultation is free, and you owe no attorney’s fee unless we recover for you.