Personal Injury FAQ for New York
Answers to common questions about personal injury laws, costs, and procedures in New York.
What is the statute of limitations for personal injury in New York?
In New York, the statute of limitations for personal injury cases is 3 years. This deadline is established under N.Y. CPLR § 214. New York follows pure comparative negligence. The state has a 2.5-year limit for medical malpractice under CPLR § 214-a, measured from the act or discovery of a foreign object.
What courts handle personal injury cases in New York?
New York's court system for personal injury cases follows this hierarchy: Supreme Courts (general jurisdiction) → Appellate Division (four departments) → Court of Appeals. The appropriate court depends on the monetary amount in controversy and the specific nature of your personal injury matter.
Does New York require mandatory arbitration for personal injury?
No, New York does not require mandatory arbitration for personal injury cases. Parties may voluntarily agree to arbitration, but it is not a court-imposed prerequisite before proceeding to litigation.
What are the filing fees for personal injury in New York?
Civil filing fees in New York typically range from $300-$500. The exact fee depends on the type of personal injury case, the court where you file, and whether additional motions are required. Contact the local clerk of court for the most current fee schedule.
What is New York's comparative fault system?
New York uses a pure comparative fault system. Under this system, you can recover damages reduced by your percentage of fault, even if you are more than 50% responsible.
What makes New York's personal injury laws unique?
New York uniquely names its trial-level courts "Supreme Courts" while its highest court is the "Court of Appeals," the reverse of most states. The state did not adopt no-fault divorce until 2010, making it the last state to do so. New York's Surrogate's Court handles all probate matters and has its own specialized judges. Additionally, regarding personal injury specifically: New York follows pure comparative negligence. The state has a 2.5-year limit for medical malpractice under CPLR § 214-a, measured from the act or discovery of a foreign object. Understanding these unique aspects of New York law is critical for anyone involved in a personal injury matter in the state.
How many lawyers practice personal injury in New York?
New York has approximately 185,000 active licensed attorneys. While not all specialize in personal injury, the state's legal market provides a range of options from solo practitioners to large firms. New York does not require mandatory bar association membership for all practitioners.
What are the CLE requirements in New York?
New York requires attorneys to complete 24 hours of continuing legal education (CLE) annually, including 4 hours of ethics. New York requires 24 CLE credits biennially (12/yr average) including 4 credits of ethics and professionalism. Newly admitted attorneys must complete 32 credits in their first two years. The New York State Bar Association is voluntary. This ensures that attorneys practicing personal injury in New York stay current with legal developments.
Where can I check a New York lawyer's disciplinary record?
You can verify a New York attorney's standing and check for any disciplinary actions through the state bar's public discipline portal at https://www.nycourts.gov/attorneys/discipline/index.shtml. It is always recommended to check an attorney's record before hiring them for your personal injury matter.
How can automation help with personal injury in New York?
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Where can I find more information about New York's bar association?
The New York Bar Association website is available at https://www.nysba.org. This is the primary resource for finding licensed attorneys, understanding your rights, accessing legal aid programs, and learning about personal injury laws specific to New York.
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