The Personal Injury Claim Process in New York

By Legal Editorial Team Last updated: May 5, 2026 Category: Personal Injury
Legal gavel representing justice for personal injury
Justice through legal representation in personal injury cases

If you've been injured due to someone else's negligence in New York, understanding the claim process is vital to securing fair compensation. New York has specific rules, including "pure comparative negligence" and the "serious injury threshold" for auto accidents.

Immediate Steps After Injury

Safety is the priority. Seek medical attention immediately. Documentation starts at the scene—take photos, gather witness contact information, and ensure a police report is filed if applicable.

Statute of Limitations

In New York, the statute of limitations for most personal injury cases is three years from the date of the accident. However, if you are filing a claim against a government entity (like the City of New York), you must file a "Notice of Claim" within 90 days.

Filing the Lawsuit

If a settlement cannot be reached through insurance negotiations, your attorney will file a Summons and Complaint in the appropriate court. This begins the formal litigation process.

Editorial Disclaimer

This guide provides a general overview of NY personal injury law. Specific legal deadlines and requirements vary significantly based on the details of your case.