New York Personal Injury Laws

For injuries caused by latent effects of exposure to substances, the 3-year period runs from when the injury was or should have been discovered.

The statute of limitations is tolled during infancy. For non-medical malpractice cases, the time extends to 3 years after the disability ceases. For medical malpractice, tolling is capped at 10 years from the date of the act.

Wrongful death actions must be commenced within 2 years of the decedent's death. Damages are limited to pecuniary injuries to distributees plus medical and funeral expenses.

Claims against a municipality require a written, sworn notice of claim served within 90 days of the incident. A lawsuit must then be filed within 1 year and 90 days.

New York does not impose a statutory cap on compensatory damages in personal injury cases.

There is no fixed statutory cap on punitive damages. Courts apply constitutional proportionality limits.

Filing fee for an index number in New York Supreme Court is $210, plus $95 for a Request for Judicial Intervention.

Cases are generally filed in the county where a party resides or where the cause of action arose.

A defendant found 50% or less at fault for non-economic damages is liable only for its proportionate share. Defendants more than 50% at fault remain jointly and severally liable. Exceptions include motor vehicle cases, intentional torts, and Labor Law actions.

The personal representative may bring a wrongful death action within 2 years of death. Damages are limited to pecuniary injuries to distributees (no pain and suffering recovery for the deceased's survivors).

A person injured by reason of intoxication may have a right of action against the person who unlawfully sold or assisted in procuring the alcohol that caused the intoxication.

New York follows a hybrid approach. For non-dangerous dogs, the common law one-bite rule applies (owner must have known of vicious propensity). Once a dog is declared "dangerous," the owner is strictly liable for medical costs from bites.