Personal Injury Law in New York
Articles and Blog Posts to Understand Personal Injury Law in New York State
NY Labor Law § 200: Safe Workplace Liability
Labor Law § 200 codifies the common-law duty to provide a reasonably safe workplace. Learn how owners and contractors are held liable under two distinct frameworks.
Read ArticleNY Labor Law 240(1): Scaffold Law & Absolute Liability
A detailed guide to the Scaffold Law explaining elevation-related injuries, absolute liability, gravity risks, and how these claims differ from negligence cases.
Read ArticleNY Labor Law § 241(6): Construction Accident Claims
Learn how Labor Law § 241(6) applies after a construction accident, what work it covers, key Industrial Code rules, and what injured workers should do next.
Read ArticlePublic Employee Injury Claims: Labor Law Article 27-A (PESH)
Learn your rights and compensation options as a public employee injured on the job in New York under Labor Law Article 27-A and PESH.
Read ArticleRetail Worker Safety: Labor Law Article 27-E
How Labor Law Article 27-E governs retail worker safety, including workplace violence prevention, silent alarm requirements, and impact on injury claims.
Read ArticleWorkers’ Compensation & Section 29 Liens in New York
How New York workers’ compensation benefits interact with third-party injury claims, Section 29 liens, Kelly reductions, attorney fee sharing, and future credit.
Read ArticleAmusement Ride Injuries in New York: Labor Law § 870-C
NY LAB § 870-C sets strict safety and inspection requirements for amusement ride operators. Learn how violations can support an injury claim in New York.
Read ArticleAsbestos Injury Claims in New York: Labor Law § 901
If you were exposed to asbestos due to unsafe removal work in New York, learn how Labor Law § 901 may support your injury claim and what legal options are available.
Read ArticleStatute of Limitations for Personal Injury Claims in New York
CPLR 214(5) gives injured victims 3 years to file. Learn when the clock starts, key exceptions, tolling rules, and what happens if you miss the deadline.
Read ArticleCPLR 208: Tolling for Minors & Legal Disability
Learn how CPLR 208 extends filing deadlines for minors and those under legal disability in New York personal injury cases.
Read ArticleSummary Judgment on Liability in New York
How summary judgment works in NY personal injury cases: CPLR § 3212, the Rodriguez standard, comparative negligence, burden-shifting, and damages-only trials.
Read ArticleCPLR 3211(a)(7): Motion to Dismiss in NY Personal Injury
Learn how a 3211(a)(7) motion to dismiss affects NY personal injury cases, what courts review, and how plaintiffs can survive dismissal.
Read ArticleCPLR 3212(g): Facts Established Before Trial
How CPLR 3212(g) lets New York courts establish undisputed facts before trial after a summary judgment motion, narrowing issues in injury cases.
Read ArticleCPLR 205(a): Savings Statute for Dismissed Cases
CPLR 205(a) lets NY plaintiffs refile a dismissed case within 6 months if strict conditions are met. Learn eligibility, exclusions, and timing rules.
Read ArticleBill of Particulars in NY Personal Injury: CPLR 3043
Understand the requirements for a Bill of Particulars in New York personal injury cases under CPLR 3043 and how it shapes discovery.
Read ArticleCPLR 3101(i): Surveillance Footage Disclosure
Learn when surveillance footage must be disclosed under CPLR 3101(i) in New York injury cases, including outtakes, timing, and digital video.
Read ArticleHow Jury Verdicts Itemize Damages: CPLR 4111(e)
Learn how jury verdict damages are itemized under CPLR 4111(e) and what this means for past and future pain and suffering awards.
Read ArticleMotion for Judgment During a Personal Injury Trial | CPLR § 4401
Understand CPLR 4401 motions in New York personal injury cases, including when a judge can grant a directed verdict and remove issues from the jury’s consideration.
Read ArticleChallenging a Personal Injury Jury Verdict After Trial in New York
How New York post-trial motions can set aside a jury verdict, slash damages, or order a new trial, and how injured plaintiffs fight back.
Read ArticleCPLR § 3403: Trial Preferences in New York Personal Injury Cases
CPLR § 3403 allows injured New Yorkers to fast-track their cases past the standard court backlog. Learn who qualifies, how to file the motion, and how a trial preference shifts leverage in settlement negotiations.
Read ArticleCPLR 4518: Business Records Exception for Medical Evidence
Understand NY’s business records exception, including when certified medical records are admissible and which statements may be excluded at trial.
Read ArticleWhen Does a Personal Injury Case Go to the Appellate Division?
Learn when a case goes to the Appellate Division, how NY personal injury appeals work, and what CPLR rules like 5513 and 5501(c) mean in real litigation.
Read ArticleThe AVOID Act: 2026 Changes to NY Third-Party Practice (CPLR § 1007)
A plain-English guide to the 2026 AVOID Act changes to New York third-party practice, including the new filing deadline, note of issue limits, and employer exception.
Read ArticleInsurance Disclosure Requirements: CPLR § 3101(f)
The post-2022 NY insurance disclosure law: the 90-day rule, complete policy copy requirements, excess and umbrella coverage, and CPLR 3122-b certifications.
Read ArticleCPLR § 210: Preserving Your Right to Sue After a Death
NY CPLR § 210 extends or pauses filing deadlines when death affects a lawsuit in New York. Learn whether its protections may apply to your claim.
Read ArticleCPLR § 4545: Collateral Source Reduction of Damages
CPLR § 4545 can reduce a New York damages award by insurance or other collateral source payments already received. Learn what defendants must prove to get a reduction.
Read ArticleAdmissibility Rules for Settlement Negotiations in NY Injury Cases
Learn how settlement offers and negotiations are treated in New York personal injury cases and when they may be used as evidence in court.
Read ArticleDeath of a Party During a Lawsuit: CPLR § 1015
NY CPLR § 1015 keeps a personal injury lawsuit alive after a party dies and requires the court to substitute the decedent’s estate so the case can continue.
Read ArticleFiling a Joint Personal Injury Lawsuit in New York: CPLR § 1002
NY CPLR § 1002 allows multiple injured victims to sue together, or one victim to sue all liable defendants at once, in a single New York lawsuit.
Read ArticleCPLR § 5045: What Happens to Your Settlement When You Die
NY CPLR § 5045 controls what happens to structured settlement payments when a plaintiff dies. Learn which payments stop, which continue for your family, and how to protect your recovery.
Read ArticleEnforcing Settlement Agreements in New York Injury Cases
Learn when personal injury settlement agreements become legally binding and how New York courts enforce settlement terms.
Read ArticleSettlement Freedom in NY Medical Malpractice Cases | CPLR § 5037
NY CPLR § 5037 gives every party to a medical, dental, or podiatric malpractice case total freedom to settle on their own terms, bypassing Article 50-A’s mandatory structured judgment rules entirely.
Read ArticleNew York Settlement Law in Personal Injury Cases | CPLR § 5047
NY CPLR § 5047 protects your right to settle a personal injury case on your own terms. Learn how New York’s settlement law works and why it matters for serious injury claims.
Read ArticleCPLR § 1601: Compensation in Multi-Defendant Personal Injury Cases
NY CPLR § 1601 caps non-economic damages for defendants found 50% or less at fault. Learn how the rule works and how § 1602 exemptions restore full recovery.
Read ArticleComparative Negligence Under CPLR 1411
How comparative negligence works under CPLR 1411, how fault percentages reduce damages, and how insurers try to shift blame in injury cases.
Read ArticleNew York Dram Shop Act: Bar & Restaurant Liability
Dram Shop liability under General Obligations Law § 11-101, including visible intoxication standards, expert proof, and compensation for alcohol-related injuries.
Read ArticleNew York Dangerous Dog Law and Injury Claims
New York Agriculture and Markets Law § 123 governs dangerous dog designations and creates strict liability, civil penalties, and criminal exposure for dog owners whose dogs attack people or animals.
Read ArticleNY GOB § 5-321: When Landlords Cannot Contract Away Liability
GOB § 5-321 voids lease clauses that try to exempt landlords from liability for negligence. Learn what this means for injured tenants and visitors.
Read ArticleGOB § 5-322.1(1): Construction Indemnification Limits
How GOB § 5-322.1(1) limits indemnification clauses in New York construction contracts and what this means when workers are injured on job sites.
Read ArticleNY GOB § 3-313: Interspousal Tort Liability
GOB § 3-313 allows spouses to sue each other for personal injury and property damage as if unmarried. Learn how interspousal tort liability works in New York.
Read ArticleInsurance Law § 5104(a): Economic Loss Exception
How Insurance Law § 5104(a) allows lawsuits for economic losses over $50,000 even without a serious injury in New York No-Fault cases.
Read ArticleWrongful Death vs. Survival Actions in New York
The difference between wrongful death and survival actions under EPTL 5-4.1, estate representative requirements, and damages in each type of claim.
Read ArticleNY Anti-Subrogation Rule: GOL § 5-335
How GOL § 5-335 prevents private health insurers from recovering medical expenses directly from personal injury settlements in New York.
Read ArticleNY GOB § 5-323: Building Service Contractor Liability
How GOB § 5-323 holds building service contractors liable for injuries caused by their employees, and what property owners and injured parties need to know about this statute.
Read ArticleRecreational Facility Injury Waivers: NY GOB § 5-326
NY law limits liability waivers at gyms, pools, and recreational facilities. Learn when a signed waiver cannot bar your injury claim under GOB § 5-326.
Read ArticleSuing for Alcohol Provided to a Minor in New York: GOB § 11-100
GOB § 11-100 allows injured parties to pursue claims when someone unlawfully furnishes alcohol to a minor. Learn how liability is established and what compensation may be available.
Read ArticleParking Garage Liability Waivers in New York: GOB § 5-325
NY GOB § 5-325 voids parking garage liability disclaimers and preserves full personal injury claims for patrons injured by negligence. Learn your rights under New York law.
Read ArticleInjury Claims for Police Officers and Firefighters: GOB § 11-106
NY GOB § 11-106, the 1996 law that lets injured police officers and firefighters sue negligent third parties for full tort damages in New York.
Read ArticleInjury Claims Against Drug Dealers: NY GOL § 11-103
Injured by someone impaired by illegal drugs? NY GOL § 11-103 may allow you to hold a drug dealer liable for injuries caused by their buyer.
Read ArticleNew York Drug Dealer Liability Act: Sue a Drug Trafficker in Civil Court
New York’s Drug Dealer Liability Act (GOB §§ 12-101 through 12-110) lets families, employers, and medical facilities sue convicted drug traffickers in civil court without proving a direct sale.
Read ArticleSuing for a Service Dog Injured by Another Dog in New York
NY GOB § 11-107 gives disabled individuals the right to recover civil damages when their guide, hearing, or service dog is injured by another dog due to the owner’s negligence.
Read ArticleCommon Insurance Defense Tactics in New York
Insurance company tactics in injury claims: gaps in treatment, degenerative findings, IMEs, surveillance, serious injury disputes, and § 3212 motion practice.
Read ArticleNew York Settlement Credit Law: GOL § 15-108
How New York settlement credit law works under GOL § 15-108, including the greater-of-three rule, worked examples, and why early settlement math matters.
Read ArticleHow Long Does It Take to Receive Settlement Funds in New York?
Release signing, insurer payment timing, escrow clearance, lien resolution, disbursement statements — a step-by-step breakdown of the settlement payment process.
Read ArticleNew York Structured Settlement Disclosures: GOL § 5-1702
How New York’s structured settlement disclosure law works, what defendants must provide before you accept annuity payments, and how it affects your case.
Read ArticleNYC Sidewalk Liability: Administrative Code § 7-210
Who is liable for sidewalk accidents in NYC under Administrative Code § 7-210, the residential exception, and the owner’s non-delegable duty.
Read ArticleNotice of Claim in New York: 90-Day Deadline for Government Claims
Suing NYC or another public entity? Learn the strict 90-day Notice of Claim deadline, the 50-h hearing process, and risks that can lead to dismissal.
Read ArticleSuing a Public Authority in New York | CPLR § 505
Learn where personal injury lawsuits against New York public authorities must be filed and how venue is determined.
Read ArticlePersonal Injury Claims Against Villages in NY: CPLR § 9802
NY CPLR § 9802 sets strict deadlines to sue a village for negligence — learn the 90-day notice rule, 40-day wait, and one-year filing deadline before time runs out.
Read ArticleNassau County Accident Report 2015–2024
A data-driven report on accidents in Nassau County from 2015 to 2024.
Read ArticleMonroe County NY Accident Report 2015–2024
Monroe County, NY traffic accident statistics 2015–2024. Data on crashes, fatalities, injuries, and trends in Rochester and Monroe County.
Read ArticleSuffolk County Accident Report 2015–2024
A decade-long analysis of traffic crash data in Suffolk County, NY. Trends in crashes, injuries, fatalities, and road safety across Brookhaven, Islip, Babylon, Huntington, and more.
Read Article$110 Million Verdict for Cyclist Paralyzed by Falling Railroad Tie in Brooklyn NY
A Brooklyn jury awarded $110 million to a cyclist paralyzed by a falling railroad tie during subway maintenance, highlighting how skilled legal representation can lead to life-changing compensation.
Read ArticlePedestrian Hit by Vehicle Has Appeal Granted
Defendants were granted summary judgment but the plaintiff appeals the decision.
Read ArticleSummary Judgment Granted after Plaintiff Evidence Deemed Insufficient
A woman sues a bus driver for reckless driving but the video presented in court tells a different story.
Read ArticleVision Impaired Man Sues after Unsafe Dropoff from Cab
A blind man sues after tripping and falling upon exiting a cab.
Read ArticleSlip and Fall Case Dismissed upon Review of Video Evidence
Stop and Shop is sued for a slip and fall but the court finds their store inspection to be adequate.
Read ArticleAppellate Court Overturns Decision in Bike Accident Case
A man suffers a fall on a bike path and his case revolves around the assumption of risk.
Read ArticleSupreme Court Judgment Reversed in Slip and Fall Case
A woman suffers a fall during a bus evacuation and claims she slipped on an unknown substance.
Read ArticleRescued Man Sues After Drifting into Propeller
A man sues after drifting into a propeller while being actively rescued in the water.
Read ArticleMotion for Summary Judgment Dismissed due to Inadequate Testimony
A doctor files a motion for summary judgment, but is denied when the presented evidence is not strong enough.
Read ArticleSlip and Fall Case Goes to Trial to Determine Who is at Fault
A man suffers a slip and fall and the case goes to trial to determine which party is to blame.
Read ArticleFire Fighter Falls Down Stairs Due to Debris and Faulty Handrail
A firefighter files a lawsuit after slipping on debris, falling down the steps, and failing to grip the faulty handrail.
Read ArticleAward Erased after Appeal in Police Action Case
A woman wins a lawsuit after police action but has the award vacated after the origin of her ailments are questioned.
Read ArticlePain and Suffering Award Reduced in Underground Explosion Case
A woman gets launched after an underground explosion and takes the matter to court.
Read ArticlePlaintiff Wins Lawsuit After Battery in Precinct
A man is stopped for a suspended license but ends up getting assaulted at the precinct.
Read ArticleMan Files Lawsuit After Assault At Prison
A man files a lawsuit after returning to prison to finish his sentence, and getting assaulted.
Read ArticleFailed Attempt to Pass Results in Rear End Accident and Lawsuit
A truck driver rear ends and injures a fellow motorist after a reckless pass attempt.
Read ArticleDamages Reassessed in Construction Site Injury Case
Mr. Saginor filed a lawsuit after suffering a fall in a construction site.
Read ArticleAward Upheld in Rear End Case
Mr. and Mrs. Sehgal file a lawsuit after getting rear-ended.
Read ArticleOwner Held Liable in Court for Deck Collapse
Mr. and Ms. Zapata are awarded damages after suffering injuries in a deck collapse.
Read ArticlePain and Suffering Award Massively Reduced in Pedestrian Accident Case
The victim's sister files a lawsuit and receives a massive award, only to have it heavily reduced after appeal.
Read ArticleLack of Evidence in Slip and Fall Case Results in Award Reduction
The award in a slip and fall case boils down to one question: did the defendant have enough time to act?
Read ArticlePain and Suffering Award Increased after Appeal in Motor Vehicle Accident
A man files a lawsuit after a car accident and has his award increased upon submitting an appeal.
Read ArticleMotorist Causes Car Accident while Pulling out of Parking Spot
A male motorist hit Ms. Melody while exiting a parking spot, resulting in a lawsuit.
Read ArticleAward From Motor Vehicle Accident Reduced After Case Transfer
A man has his reward reduced after questions arise about the origin of his injuries.
Read ArticleBotched Surgical Procedure Leads to Death and Lawsuit
After surgery, a woman suffers immense pain and ultimately passes away, leading to a lawsuit being filed.
Read ArticlePolice Testimony Scrutinized in Shooting Case
A 26-year-old male files a lawsuit after being shot, and two very different stories emerge in court.
Read ArticleChemical Accident Results in Large Reward
A young man is awarded a large compensation after a chemical burn accident.
Read ArticleBaker Suffers Injury after Power Outage Causes Machinery Malfunction
A baker suffers an injury after a power outage causes his machine to suddenly operate in reverse.
Read ArticleWoman Misses Payout After Fall in Restricted Area
A woman falls but is found 90% responsible for her own fall after evidence is presented.
Read ArticleCompensation from Dog Bite Reduced after Inadmissible Testimony
A woman receives compensation after a dog bite but the compensation is reduced after her testimony is deemed inadmissible.
Read ArticlePain and Suffering Award from Rooftop Accident Lowered after Appeal
A roofer is awarded huge compensation after an injury on the job, but the reward is reduced after appeal.
Read ArticleReward Reduced Despite Being Launched by Wheelchair Ramp
A woman is launched by a wheelchair ramp, wins a settlement, and has that reward reduced.
Read ArticleWoman Severely Burnt after Hot Water Tank Malfunction
An elderly woman gets trapped in hot water after a hot water tank malfunction and sues complex owner.
Read ArticleDisplaced Needle Results in Pain, Suffering, and a Lawsuit
A patient files a lawsuit after a displaced needle injects medication into the wrong spot, causing pain and discomfort.
Read ArticleReward Reinstated After Untimely Appeal
Mr. Galarza was awarded compensation, had it reduced, and then won an appeal after the defendant was deemed untimely.
Read ArticleCrushed Foot Results in Compensation
A salesman gets compensated after his foot was run over by a bus.
Read ArticleMassive Fall Leads to Massive Reward
A 30-year-old construction worker gets a massive payout after suffering a bad fall on the job.
Read ArticleRetired Hairdresser Files Lawsuit After Fender Bender
Retired hairdresser sues a motorist after she is hit from behind while waiting at an intersection.
Read ArticleDeath by Drowning Results in Lawsuit
A lawsuit is filed after a young adult drowns while doing laps at a swimming facility.
Read ArticleAccusations Lead to Brawl and Lawsuit
Accusations of money theft result in a brawl, a jaw injury, and a lawsuit.
Read ArticleCompensation from Fall Reduced After Appeal
A roofing mechanic is awarded compensation after a nine-foot fall, but the award is reduced after appeal.
Read ArticleObstructed Intersection Results in a Collision
A man on a scooter gets hit in the intersection by a motorist with an obstructed view.
Read ArticleVehicle Crash Trial Reopened After Successful Appeal
A vehicle crash case is reopened after further review of the evidence.
Read ArticleShopper Gets Reward After Being Struck by Cart
Marion Hedges was enjoying a day of shopping when she was struck by a shopping cart.
Read ArticleParents Sue After Lead Hazard Leads to Low IQ in Child
Parents of a low IQ child sued the apartment and building owner after discovering a lead hazard.
Read ArticleBicyclist Gets Payout After Being Hit by Door and Run Over by Bus
A bicyclist seeks compensation after being hit by a vehicle door and having his leg run over.
Read ArticlePassenger Injured in Bus Collision
Marie Petit was a passenger on a municipal bus when she was involved in a serious traffic accident.
Read ArticleWho Is To Blame For Trip And Fall Near Downed Fence
A woman trips and falls near a downed fence and the biggest question is, who is in charge of that fence?
Read ArticleReckless Pass On Icy Road Leads To Accident
One motorist crashes her vehicle into another while attempting a reckless pass on an icy road.
Read ArticleDoctors Sued after Delayed Diagnosis
Doctors get sued by a woman for failing to diagnose her and not sending her to the emergency room.
Read ArticleState Trooper Gets Sued After Crashing Into Motorist
A state trooper collides into a woman's vehicle while trying to respond to an urgent 911 call.
Read ArticleContractor Sues after Fall from Homeowner's Broken Ladder
A man injured himself while performing renovations due to the faulty ladder provided by the client.
Read ArticleDangerous Road Leads to Payout For Intoxicated Motorist
A motorist suffered heavy injuries after he was flung off his bike on a dangerous road.
Read ArticleNursing Home Staff's Failed CPR Results in Successful Lawsuit
EMS personnel discovered that the patient's airway was obstructed by a piece of flesh that they had dislodged at the scene.
Read ArticleShip Captain Maimed by Sea-Worthy Boat
Ship captain Raymond Dardar was injured while working aboard the M/V Shelby Courtney ship.
Read ArticleDefendant in Car Accident Successfully Blames Prior Accident for Injury
A driver had no idea he was about to be involved in a terrible accident — and successfully argued a prior injury was the cause of his current condition.
Read ArticleFlip-Flops Cause Loss of Big Payout after Slip and Fall Case
A jury in Florida found the plaintiff in a slip and fall case 90% responsible for her own accident.
Read ArticleMinor's Death Results in First Case to Allow Punitive Damages for Hit and Run
A family may finally have some closure after a wrongful death suit has finally come to a close.
Read ArticleMan Receives Award After Workplace Injury
A man was conducting a regular inspection when he noticed a rather large oil spill on the ground.
Read ArticleMedical Expenses in Car Accident Case Cut in Half by Jury
The trial court returned a verdict which cut the requested damages in half.
Read ArticleSlip-and-Fall at Target Results in Record Award
A "defendant friendly" court in Allegheny County, PA shocked observers in March of 2017.
Read ArticleCar Accident Could Have Been Avoided, Results in Massive Damages
A man was seriously injured when the steering wheel on the truck he was driving locked.
Read ArticleElevator Accident Paralyzes Philadelphia Man
The elevator quickly rose 15 stories and crashed into the top of its elevator shaft.
Read ArticleThe Rear-Ending Victim Doesn't Always Win in New York
The person who gets hit always wins in a rear-ending scenario, right? Wrong.
Read ArticleWhy a Summary Judgment Isn't Always a Victory in Personal Injury
The jury may not side with you, even if the judge does.
Read ArticleJudgment Affirmed for Acupuncture Plaintiff
A court considered the claims of a plaintiff who suffered from burns during acupuncture.
Read ArticleThirty Million Dollar Verdict for Injured Vietnam Veteran
While waiting at a red light, a couple observed an unrelated three-car collision — and found themselves swept into a landmark $30M verdict.
Read ArticleAn Employer Was Liable for an Electrician's Fall and Injury
An electrician slipped and fell approximately 14 to 16 feet and landed head-first.
Read ArticleSettlement Six Years After Injury Without Trial
A truck driver was delivering office furniture when he was struck by the gate of an elevator.
Read ArticleInjured in New York? Let’s Talk.
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