Craig D. Rosenbaum | October 23, 2025 | Personal Injury
Personal injury law in New York governs legal claims arising from injuries sustained due to the negligence or wrongdoing of another party. The goal is to obtain compensation for both economic and non-economic damages, including medical expenses, lost wages, and pain and suffering. Keep reading to learn more about the basics of personal injury law.
Key Elements of New York Personal Injury Law
This overview of personal injury law in New York provides accident victims and their families with information on protecting their rights and best interests. However, for personalized legal advice, we recommend speaking with a Bronx personal injury lawyer about your case.
Types of Personal Injury Claims
Personal injury law encompasses a wide range of injuries and accidents that can result in both short-term and long-term losses and damages for victims. Examples of personal injury cases include:
Auto Accidents
Automobile accidents are among the most common reasons for filing personal injury claims. This area of personal injury law includes commercial truck, pedestrian, bicycle, and car accidents. New York insurance laws require drivers to purchase a minimum amount of no-fault insurance coverage.
The no-fault insurance system requires injured persons to first seek benefits from their own insurer regardless of fault. Lawsuits can be filed only if injuries meet the state’s “serious injury” threshold, including fractures, permanent disfigurement, or significant limitations in bodily function.
Slip and Fall Accidents
These claims arise when a property owner’s negligence results in an injury. The injured must prove the owner owed a duty of care and breached it through negligence for the owner to be liable for the victim’s injuries and losses.
Slip and fall claims can be filed for injuries occurring on commercial, residential, business, and government property. One or more parties could be liable, including owners, landlords, property managers, vendors, business owners, and government entities.
Medical Malpractice
Doctors, hospitals, nurses, and other medical providers may be held liable if medical errors or medical negligence cause a patient to suffer injuries or die. Medical malpractice claims require you to prove the medical professional failed in their duty to meet the medical standard of care or made an intentional error that caused the patient harm.
Dog Bites and Animal Attacks
New York recently changed dog bite laws with the New York Supreme Court’s decision in Flanders v. Goodfellow. The court overturned the precedent that dog owners could only be held responsible for damages if they had previous knowledge of the dog’s bad behavior. The new standard is a hybrid of the one-bite rule.
New York imposes strict liability on dog owners for a victim’s medical bills, even if the dog had no prior history of aggression. However, to recover additional damages—such as pain and suffering—the victim must show that the owner knew or should have known the dog had a propensity to attack.
What Are the Elements of a Negligence Claim?
To recover compensation in a New York personal injury case, you typically must prove the following four elements of negligence:
- Duty of Care: The defendant owed you a legal duty to act with reasonable care.
- Breach of Duty: The defendant breached that duty through an act or omission.
- Causation: The breach directly caused your injuries.
- Damages: You have suffered compensable losses, including medical bills, lost income, and pain and suffering.
Each element must be supported by evidence, which is why seeking legal guidance early in your case is crucial.
What Is New York’s Comparative Negligence Rule?
New York follows a pure comparative fault rule, meaning an injured party can still recover damages even if they are partially at fault. The final compensation is reduced proportionally by the plaintiff’s degree of fault. For example, if the plaintiff is 20% responsible, their compensation will be decreased by 20%. It is essential to seek prompt medical treatment to document injuries.
Statute of Limitations for Personal Injury Lawsuits in New York
New York’s statute of limitations sets time limits for filing personal injury lawsuits. Typically, personal injury lawsuits must be filed within three years of the date of the injury. However, some exceptions could change the date.
Most medical malpractice lawsuits must be filed within two years and six months from the date of the malpractice. Wrongful death lawsuits must be filed within two years after the person’s death.
Contact Rosenbaum Personal Injury Lawyers for a Free Consultation With a Bronx Personal Injury Lawyer
Have you or a loved one been injured in an accident in the Bronx? You may be entitled to compensation under New York personal injury law. At Rosenbaum Personal Injury Lawyers, we help injury victims navigate complex legal claims and fight for fair compensation. Contact us today to schedule a free consultation with an experienced Bronx personal injury lawyer.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
