New York · Serving statewide
Personal Injury Help in New York
New York changed key rules for car accident cases in 2026. Knowing which rules apply to your claim starts with a clear conversation.
(01) — Overview
From no-fault paperwork due within weeks of a crash to 90-day notices for claims against a city, New York injury claims come with early deadlines that are easy to miss.
Onx Law’s founder, Monica Washington Rothbaum, is admitted to practice in New York. We’ll learn what happened, explain how New York law may apply, and determine the right strategy, legal team, and resources for your case — whether that means handling it at Onx or involving trusted counsel.
Communities we serve
- Manhattan
- Brooklyn
- Queens
- The Bronx
- Staten Island
- Long Island
- Westchester
- Albany
- Rochester
- Buffalo
(02) — The rules
How injury claims work in New York
General information, not legal advice. Laws change, and exceptions apply to many of these rules.
- Filing deadline
3 years
Most personal injury lawsuits must be filed within 3 years of the injury. Claims against a city, county or other public body have much shorter deadlines.
Source: N.Y. CPLR 214(5)- Wrongful death
2 years
A wrongful death lawsuit generally must be filed by the personal representative of the estate within 2 years of the death.
Source: N.Y. EPTL 5-4.1- Fault rule
Pure comparative fault
In most injury cases, your own share of fault reduces your compensation rather than barring it — even if you were mostly at fault.
Source: N.Y. CPLR 1411(a)- Car crash cases (2026)
Barred if over 50% at fault
For most motor-vehicle injury lawsuits filed on or after May 26, 2026, a person found more at fault than those they sue can’t recover. At 50% or less, the award is reduced by their share of fault.
Source: N.Y. CPLR 1411(b)- Car insurance
No-fault + serious injury
No-fault insurance pays up to $50,000 in medical bills and lost wages, regardless of who caused the crash. To sue for pain and suffering, you generally must show a “serious injury” — a definition narrowed for lawsuits filed on or after May 26, 2026.
Source: N.Y. Ins. Law § 5102- Claims against the government
90-day notice
Before suing a city, county or other public body, you generally must serve a notice of claim within 90 days and file suit within 1 year and 90 days. Claims against New York State have a similar 90-day rule.
Source: N.Y. Gen. Mun. Law §§ 50-e, 50-i- Dog bites
Knowledge or negligence
Owners are strictly liable if they knew or should have known their dog was dangerous. Since 2025, a bite victim may also bring an ordinary negligence claim.
Source: Flanders v. Goodfellow (N.Y. 2025)
(03) — Local rules
How local rules can shape your case.
- Car & Rideshare AccidentsSend your no-fault application promptly — written notice is generally due within 30 days of the accident. For lawsuits filed on or after May 26, 2026, the “90/180-day” serious injury category no longer applies.
- Pedestrian AccidentsPedestrians and cyclists struck by a car can usually claim New York no-fault benefits, and the same 30-day notice rule applies. If a city vehicle was involved, a 90-day notice of claim may also be required.
- Motorcycle AccidentsNew York’s no-fault system generally excludes motorcycle riders. Riders usually don’t receive no-fault benefits, but they also generally don’t have to prove a “serious injury” to sue.
- Slip & FallIn New York City, owners of many buildings must keep the adjoining sidewalk reasonably safe. A fall on city property usually requires a notice of claim within 90 days.
- Dog Bites & Animal AttacksSince the Court of Appeals’ 2025 decision in Flanders v. Goodfellow, a bite victim may pursue a negligence claim without first proving the owner knew the dog was dangerous.
(04) — Practice areas
Help with every kind of injury claim.
- 01Car AccidentsRear-End Collisions · Intersection Accidents · Uninsured Drivers · Distracted Driving · Impaired Driving
- 02Truck Accidents18-Wheeler Crashes · Delivery Trucks · Driver Fatigue · Unsafe Loads · Poor Maintenance
- 03Motorcycle AccidentsLeft-Turn Crashes · Unsafe Lane Changes · Road Hazards · Rear-End Collisions · Uninsured Drivers
- 04Pedestrian AccidentsCrosswalk Accidents · Parking Lot Accidents · Hit-and-Run · Backing Accidents · Uninsured Drivers
- 05Bicycle AccidentsDooring · Right Hooks · Unsafe Passing · Road Defects · Hit-and-Run
- 06Slip & FallSlippery Floors · Uneven Sidewalks · Broken Pavement · Potholes in Surfaces · Loose Rugs or Carpeting
- 07Premises LiabilitySwimming Pools · Falling Objects · Elevators & Escalators · Fires · Toxic Exposure
- 08Negligent SecurityAssaults & Robberies · Broken Locks & Gates · Poor Lighting · No Guards or Cameras · Ignored Prior Incidents
- 09Dog BitesDog Bites · Animal Attacks · Negligent Handling · Owner Liability
- 10Wrongful DeathCar Accidents · Pedestrian Accidents · Poor Property Conditions · Animal-Related Incidents · Defective Products
(05) — Questions
Frequently asked questions.
General information only, not legal advice. Every situation is different, so the best answer starts with a conversation.
Ask us directlyFor lawsuits filed on or after May 26, 2026, it includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, and certain permanent or significant limitations of use. The former “90/180-day” category was removed. Medical evidence is key.
Generally within 30 days of the accident, in writing to the no-fault insurer. Late notice may be excused only with a reasonable justification, so it’s safer to apply right away.
For most motor-vehicle injury lawsuits filed on or after May 26, 2026, a person found more at fault than those they sue generally can’t recover, and one serious injury category was eliminated. Other injury cases, such as falls and dog bites, still follow pure comparative fault.
Claims against a city, county or other public body generally require a notice of claim within 90 days, and the lawsuit usually must follow within 1 year and 90 days. A court may allow late notice in limited circumstances, but it’s better not to rely on that.
Generally 2 years from the death, and the case is brought by the personal representative of the estate. Proposals to lengthen this deadline, such as the Grieving Families Act, have not become law.
Onx Law’s founder, Monica Washington Rothbaum, is admitted to practice in New York. Onx Law may represent you directly; depending on what your case needs, we may also work with co-counsel or involve trusted counsel.
Other areas we serve
(06) — Next step
You focus on recovery. We’ll help with the rest.
New York’s early deadlines — 30 days for no-fault and 90 days for claims against public bodies — can arrive before you feel ready. Reaching out early helps protect your options.