Personal Injury Law in New York
Statutes and procedural rules that govern personal injury cases in New York.
Showing all 38 articles
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 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 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 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 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 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 ArticleInjured in New York? Let’s Talk.
The law is complex — your attorney doesn’t have to be. Contact Sternberg Injury Law Firm for a free, no-obligation case review with an experienced New York personal injury attorney.
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