New York source notes · reviewed September 24, 2026

New York personal injury laws

New York places its general personal-injury period in CPLR 214 and its comparative-fault rule in CPLR 1411. Both provisions have to be read with claim-specific statutes, including special rules for municipal, medical, intentional-tort, and no-fault matters.

General timing starting pointThree years for the personal-injury category in CPLR 214

Fault-rule starting pointComparative fault generally reduces damages proportionately

CPLR 214 is a category, not a universal calculator

CPLR 214 lists actions that must generally be commenced within three years, including an action to recover damages for a personal injury. Other sections establish different periods or accrual rules for medical malpractice, intentional torts, exposure claims, wrongful death, and other matters.

New York changed CPLR 1411 in 2026

The current CPLR 1411 generally says claimant culpable conduct does not bar recovery and instead reduces damages proportionately. The current text contains a subsection addressing personal-injury actions subject to Insurance Law article 51, so a motor-vehicle analysis should use the current statute rather than an older shorthand summary.

Public defendants require a separate checklist

Claims involving New York City, another municipality, or a public authority may involve a notice of claim, a shorter commencement period, a hearing, or entity-specific law. Identify the exact public body and alleged conduct promptly rather than assuming the ordinary civil calendar controls.

Primary and official sources

Read the current text

These links are part of the page, not footnote decoration. Open the source and review surrounding sections before relying on a summary.

State-law questions

Questions this summary raises

Does every New York injury claim have three years?

No. CPLR 214 is a general category. Medical malpractice, intentional torts, wrongful death, municipal claims, and other matters can use different rules.

Does claimant fault always permit some recovery in New York?

The current CPLR 1411 generally uses proportional reduction, but it now includes a specific subsection for certain motor-vehicle personal-injury actions. The claim and current text must be checked.

Where should I verify a New York lawyer?

Use the New York Unified Court System attorney search and confirm the individual lawyer, not only the firm name.

Reviewed September 24, 2026. General legal information only. The correct filing period and fault rule depend on the claim, parties, dates, facts, and current law.

CPLR 214 is a category, not a universal calculator

New York changed CPLR 1411 in 2026

Public defendants require a separate checklist

Read the current text

Questions this summary raises

A clearer path to accurate injury-law information.