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Your New Rochelle Personal Injury Attorney
A personal injury claim in New Rochelle runs on fixed reference points: a three-year limit for most lawsuits, fault that is shared rather than all-or-nothing, and special notice rules for claims against government bodies. Each is explained below with the statute behind it. This page walks through the deadlines, shared fault, no-fault insurance, government defendants, the courts, and what to know about the most common claims. These rules apply across New York, but where a case is filed depends on the county, and an attorney familiar with the Supreme Court in Westchester County can explain what to expect there.
Your Key New York Rules in One Place
- The three-year rule: most personal injury actions must be started within three years (CPLR 214(5)), while a wrongful death action must be started within two years after the death (EPTL 5-4.1).
- Claims against the State of New York must be filed and served on the Attorney General within 90 days, unless a notice of intention is served in that time (Court of Claims Act 10(3)).
- Fault is shared, not all-or-nothing, outside crash cases: a person 30% at fault can still recover 70% of the damages found (CPLR 1411(a)). Motor vehicle cases have a stricter bar in CPLR 1411(b).
- The serious injury threshold in Insurance Law 5102(d) decides whether a crash victim can seek non-economic damages, and it is often disputed.
- Fatal accidents have two kinds of claims: wrongful death for the family (EPTL 5-4.1) and the survival of the decedent’s own injury claim (EPTL 11-3.2(b)).
How Long Do You Have to File an Injury Lawsuit?
For most injury claims the clock is three years. CPLR 214(5) applies it to actions to recover damages for a personal injury, subject to the exceptions in sections 214-b, 214-c, 214-i and 215.
The three-year clock can be extended for a child: under CPLR 208(a), where the person was under a disability because of infancy when the cause of action accrued, the time runs to three years after the disability ceases, without the ten-year cap except in malpractice cases.
Families should know the wrongful death period is two years from the death (EPTL 5-4.1), shorter than the three-year injury period, and that a personal injury cause of action does not end when the injured person dies (EPTL 11-3.2(b)).
When the defendant is a city, county, town, village, fire district, or school district, the first deadline is the ninety-day notice of claim (General Municipal Law 50-e(1)(a)), and the lawsuit deadline is one year and ninety days after the event, with two years in a wrongful death case (General Municipal Law 50-i(1)).
There is some room for late notice: on application, a court may extend the time to serve a notice of claim, but not beyond the time limited for the injured person to commence an action against the public body (General Municipal Law 50-e(5)). The complaint must also allege the thirty-day wait (General Municipal Law 50-i(1)).
Claims against the State of New York run through the Court of Claims. A claim for personal injuries caused by the negligence of a state officer or employee must be filed and served on the Attorney General within ninety days after it accrues, unless a written notice of intention is served in that time, in which case the claim is due within two years after it accrues (Court of Claims Act 10(3)).
Late filing is possible only with the court’s permission, and only before the time to sue a private person on a like claim would run out under CPLR article 2 (Court of Claims Act 10(6)).
One caution: claims that a doctor, dentist, or podiatrist caused the injury fall under CPLR 214-a, which sets two years and six months, with the continuous treatment and foreign object provisions described in that section.
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Comparative Fault Under CPLR 1411
New York applies comparative fault to injury claims. Under CPLR 1411(a), damages are diminished in the proportion which the claimant’s culpable conduct bears to the culpable conduct which caused the damages, so a shared-fault claimant recovers a reduced amount, subject to the motor vehicle rule described below.
That means the reduction rises one percentage point at a time in an ordinary injury case. Someone found 10% responsible loses 10% of the award, someone found 50% responsible loses half, and someone found 80% responsible still recovers 20%, which is why insurers push to raise the injured person’s share.
Insurance Law article 51 cases have a threshold that other injury cases do not: under CPLR 1411(b), a claimant more at fault than the defendant, or than the defendants combined, cannot recover. The rule took effect May 26, 2026 for actions and proceedings commenced on or after that date (Chapter 58 of the Laws of 2026).
If a crash or fall involves several responsible parties, a defendant found 50 percent or less at fault pays non-economic damages only in proportion to its own culpability (CPLR 1601(1)). CPLR 1602 lists exceptions, so a lawyer should review who the defendants are.
The New York No-Fault System After a Crash
Section 5102(a) of the Insurance Law sets the core no-fault benefit: up to fifty thousand dollars per person for basic economic loss, which covers necessary medical and rehabilitation services, lost earnings, and other reasonable and necessary expenses.
The definition sets specific limits inside the $50,000 figure. Loss of earnings is counted up to two thousand dollars a month for a maximum of three years, and other reasonable and necessary expenses are counted up to twenty-five dollars a day for up to one year from the accident (Insurance Law 5102(a)). An optional additional twenty-five thousand dollars of coverage can be purchased for lost earnings or therapy after the first fifty thousand is used.
The serious injury threshold is the gate to a pain and suffering claim. Insurance Law 5104(a) allows no recovery for non-economic loss except in the case of a serious injury or for basic economic loss, and Insurance Law 5102(d) lists the categories, including a fracture, significant disfigurement, and permanent or significant limitation of use of a body function or system.
Do not overlook the no-fault paperwork. The regulation at 11 NYCRR 65-1.1 requires written notice of the accident within 30 days at the latest, and written proof of claim no later than 45 days after services are rendered.
The rules changed in 2026. Chapter 58 of the Laws of 2026, effective May 26, 2026 for actions commenced on or after that date, removed from the serious injury definition the category for a medically determined non-permanent injury that prevents usual daily activities for 90 of the 180 days after the accident, and it amended Insurance Law 5104(a) so that liability for non-economic loss cannot be fixed until the trier of fact has determined that a serious injury exists, after first determining who was at fault.
When a Government Body Is Responsible for the Injury
Local governments must receive a notice of claim first. General Municipal Law 50-e(1)(a) sets ninety days after the claim arises, and General Municipal Law 50-i(1) adds the thirty-day wait before suit and the one year and ninety days period to commence the action.
Defective sidewalks and streets have a further requirement in many places. Under Town Law 65-a(2), no action can be maintained against a town for injury from a defect in its sidewalks, or from snow or ice on them, unless written notice specifying the particular place was actually given to the town clerk or the town superintendent of highways and the defect was not remedied within a reasonable time. Village Law 6-628 sets a similar written notice rule for villages.
For state defendants the timing is in Court of Claims Act 10(3): a claim filed and served on the Attorney General within ninety days after accrual, or a written notice of intention within that time followed by a claim within two years.
Any injury on public property, or involving a public vehicle, deserves prompt review because of the notice periods that begin at the injury.
From Local Courts to the Supreme Court
Three courts frame most injury cases: the Supreme Court, which is the court of general jurisdiction, local courts for smaller claims, and the Court of Claims for actions against the State. In New York City the Civil Court’s money limit is $50,000 (New York City Civil Court Act 202).
Under Judiciary Law 140, the counties are grouped into thirteen judicial districts. The trial court for a case from New Rochelle is the Supreme Court in Westchester County, in the Ninth Judicial District. The county seat of Westchester County is White Plains.
Common Injury Claims in New Rochelle
Motor Vehicle Accident Claims
After a collision, the questions are fault, injuries, and insurance. No-fault pays basic economic loss first (Insurance Law 5102(a)), non-economic damages depend on a serious injury (Insurance Law 5104(a)), and your share of the fault can reduce or bar the award (CPLR 1411).
Proof of claim for medical services is due no later than 45 days after the services are rendered (11 NYCRR 65-1.1).
Falls and Unsafe Property Conditions
Fall cases depend on evidence gathered early: photographs of the hazard, incident reports, witness names, and maintenance records. The fault rule in CPLR 1411 means every detail about the injured person’s conduct can matter.
Claims involving government-owned property carry a ninety-day notice requirement (General Municipal Law 50-e(1)(a)), and snow and ice on a town sidewalk brings in Town Law 65-a(2).
Death Caused by Another’s Negligence
The wrongful death period is counted from the date of death, not the date of the injury, and is two years (EPTL 5-4.1). A claim against a local government has the same two-year limit for wrongful death (General Municipal Law 50-i(1)).
A criminal action for the death can extend the deadline to at least one year after that action ends (EPTL 5-4.1).
Injuries at Work and on Construction Sites
Employees generally cannot sue their own employer for a work injury because of the exclusivity provision (Workers’ Compensation Law 11), but they may pursue a third party whose negligence caused the injury (Workers’ Compensation Law 29(1)).
Labor Law 240(1) addresses scaffolding, hoists, stays, and ladders for work such as erecting, demolishing, repairing, altering, or cleaning a building or structure, and it exempts owners of one and two-family dwellings who do not direct or control the work.
Not sure which deadline applies to your injury? Get matched with an attorney.
Injury Claims in New Rochelle and Westchester County
The rules on this page are statewide, but the practical details are local. For a New Rochelle claim that means Westchester County and the Supreme Court in Westchester County. Asking a local attorney how long cases usually take there helps put the deadlines in context.
Every New York city we cover is listed on our New York personal injury attorney page. We connect people in Mount Vernon, Yonkers, and White Plains with local attorneys as well. Protecting an invention, brand, or creative work rather than recovering for an injury? Read our New Rochelle intellectual property page.
Hospitals Serving New Rochelle
The hospital in New Rochelle is Montefiore New Rochelle Hospital, at 16 Guion Place.
Records from the hospital or hospitals that treated an injury, including dates, diagnoses, and bills, are the basis for the medical side of a claim. This section describes where facilities are located and says nothing about any provider’s care.
Frequently Asked Questions
Is there a deadline to sue after an accident in New Rochelle?
Yes. The general limit is three years for a personal injury (CPLR 214(5)), and a claim against a local government needs a notice of claim within ninety days (General Municipal Law 50-e).
Do I have to give notice before suing a city, county, or town in New York?
Yes. Before suing a city, county, town, village, fire district, or school district, a notice of claim must be made and served under General Municipal Law 50-e, and thirty days must pass without adjustment or payment before suit (General Municipal Law 50-i(1)).
Is New York a comparative negligence state?
Yes, with a newer exception for car crashes. Damages are diminished in proportion to the claimant’s culpable conduct (CPLR 1411(a)), while CPLR 1411(b) bars a claimant in an Insurance Law article 51 action commenced on or after May 26, 2026 whose fault is greater than the defendant’s.
Does the 2026 fault change apply to my car accident?
It applies to personal injury actions subject to Insurance Law article 51, the no-fault law, that are commenced on or after May 26, 2026 (CPLR 1411(b)). What matters is when the lawsuit is commenced, not when the accident happened.
What deadlines apply to no-fault claims?
Written notice of the accident within 30 days at most, and written proof of claim for services no later than 45 days after the services are rendered (11 NYCRR 65-1.1).
Why do insurers dispute the serious injury threshold?
Because the definition in Insurance Law 5102(d) controls whether pain and suffering can be recovered (Insurance Law 5104(a)), a lot can turn on it, and medical records and expert opinions carry most of the weight.
Who brings a wrongful death claim in New York?
The personal representative of the decedent brings it (EPTL 5-4.1). An attorney can explain who qualifies as the personal representative in a given estate.
What is the Supreme Court in New York?
It is the state’s trial court of general jurisdiction, and it handles civil cases seeking money damages above the limits of the local courts. Claims from New Rochelle are filed in the Supreme Court in Westchester County.
What is New York’s scaffold law?
Labor Law 240(1) addresses scaffolding, hoists, stays, ladders, and similar devices furnished or erected for the performance of work on a building or structure by owners and contractors, with an exemption for owners of one and two-family dwellings who do not direct or control the work.
Is the injury deadline different for a person under a disability?
Yes. CPLR 208(a) extends the time for a person under a disability because of infancy or insanity to three years after the disability ceases, subject to the limits stated in that section.
Speak With Someone Who Handles Cases Like Yours
The rules on this page are the same statewide, but what they mean for your claim depends on the facts. Use the form to be matched with an attorney who can look at your injury and your dates.
