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New York rules on time limits to start certain lawsuits

New York Personal Injury Law

The following summary of New York personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

New York Statute of Limitations:

Personal Injury: 3 years.

Medical Malpractice: 30 months unless it is due to a foreign object in which case it is 1 year from discovery of the object.

Product Liability: 3 year.

Caps on Personal Injury Awards in New York:

There is no personal injury cap in the State of New York therefore a party may be awarded any amount of compensation in the course of a claim, limited only by the insurance limits in place.

New York Serious Injury Threshold:

According to New York State Insurance Law, the Serious Injury Threshold for auto accidents is met if one of the following can be proven:
  • A permanent loss of use of a body organ, member, function and symptom.
  • A permanent consequential limitation of a use of a body organ or member.
  • Significant limitation of a use of a body function or system.
  • A medically determined injury or impairment of a non-permanent nature which has prevented the Plaintiff from performing substantially all the material acts which constitute the Plaintiff's usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident
Gaps in Treatment and pre-existing injuries must be explained in the course of a lawsuit and medical records must be certified.