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Your Delhi Personal Injury Attorney
Being hurt because of someone else’s carelessness is stressful enough without a legal clock running in the background. This page explains the New York rules that most often decide how an injury claim from Delhi unfolds. You will find the deadlines first, then fault and insurance, then claims against government bodies, the courts, and the most common claim types, citing the statute each time. Deadlines in injury cases run on fixed dates, so learning them early usually helps more than trying to catch up later.
Your Key New York Rules in One Place
- How long do I have to sue? Usually 3 years (CPLR 214(5)). A wrongful death action has its own two-year clock (EPTL 5-4.1).
- Government defendants have their own clock: a notice of claim within 90 days and a lawsuit within one year and 90 days (General Municipal Law 50-e and 50-i).
- If you are partly at fault, you can often still recover. Under CPLR 1411(a) the award is reduced by your percentage, except in a motor vehicle case where CPLR 1411(b) bars a claimant found more at fault than the defendant.
- No-fault benefits come first, and lawsuits come second. Basic economic loss up to $50,000 (Insurance Law 5102(a)), then a suit for pain and suffering only for a serious injury (Insurance Law 5104(a)).
- Wrongful death claims are brought by the personal representative within two years after the death (EPTL 5-4.1).
Time Limits: When an Injury Claim Must Be Filed
New York’s general injury deadline is three years (CPLR 214(5)). It applies to actions to recover damages for a personal injury unless one of the sections named in that subdivision provides a different period.
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.
When an injury leads to death, EPTL 5-4.1 requires a wrongful death action to be commenced within two years after the death, with an extension when a criminal action is pending, and EPTL 11-3.2(b) keeps the decedent’s own injury claim alive for the personal representative.
A government defendant changes the calendar. General Municipal Law 50-e(1)(a) requires a notice of claim within ninety days after the claim arises, and General Municipal Law 50-i(1) requires suit within one year and ninety days after the event, with two years for wrongful death.
The notice of claim is a precondition, not a formality. General Municipal Law 50-i(1) also requires an allegation that thirty days have passed since service without payment, and General Municipal Law 50-e(5) lets a court extend the time to serve notice in its discretion, never beyond the time to sue.
For the State itself, the ninety-day rule appears in Court of Claims Act 10(3). A written notice of intention served on the Attorney General within ninety days extends the time to file the claim to two years after accrual.
A late claim against the State depends on the court’s discretion and on the ordinary CPLR article 2 limit not yet having run (Court of Claims Act 10(6)).
If the injury came from medical care, CPLR 214-a applies instead of the general rule: two years and six months, continuous treatment for the same condition extends the period, and a foreign object discovered in the body may be sued on within one year of discovery.
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Fault Percentages and Your Recovery
New York does not require the injured person to be blameless. Under CPLR 1411(a), the amount of damages otherwise recoverable is diminished in the proportion which the culpable conduct attributable to the claimant bears to the culpable conduct which caused the damages. In most injury cases culpable conduct on the injured person’s part reduces the award; it does not bar it.
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.
If your case is a car, truck, or motorcycle case under the no-fault law, and the lawsuit is commenced on or after May 26, 2026, CPLR 1411(b) bars recovery when your share of the fault is greater than the defendant’s or the defendants’ combined share. Exactly equal shares are not covered by the words of the statute, which say greater than.
With several defendants, CPLR 1601(1) limits the liability of a defendant found 50 percent or less at fault for non-economic loss to that defendant’s equitable share, determined by relative culpability. Exceptions are found in CPLR 1602.
Car Accidents and New York's No-Fault Rules
After a crash, the first source of payment is usually no-fault. Under Insurance Law 5102(a), basic economic loss is covered up to fifty thousand dollars per person, and includes necessary medical and rehabilitation expenses, 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.
A lawsuit for pain and suffering after a crash is limited. There is no right of recovery for non-economic loss except in the case of a serious injury, or for basic economic loss (Insurance Law 5104(a)). The statute defines a serious injury as one that results in death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system (Insurance Law 5102(d)).
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 serious injury definition is narrower than it was. For lawsuits commenced on or after May 26, 2026, the category based on 90 days of inability during the 180 days after the accident is gone, and non-economic liability cannot be fixed until a serious injury is found after fault has been determined (Insurance Law 5102(d), 5104(a), as amended in 2026).
Claims Against Cities, Counties, Towns, Villages, and the State
Whether a city, town, village, or county can be sued turns first on the notice of claim (General Municipal Law 50-e) and then on the deadlines in General Municipal Law 50-i(1): thirty days after notice before suit, and one year and ninety days from the event to commence the action.
For a fall on a sidewalk or a crash caused by a street defect, check whether the municipality received written notice of the defect. Town Law 65-a(2) requires it for towns, with a failure to remedy within a reasonable time, and Village Law 6-628 requires written notice to the village clerk for villages.
A claim involving a state agency, such as a state highway or a state employee, follows the Court of Claims Act rather than the municipal notice statutes. The claim, or a notice of intention, is due within ninety days after accrual (Court of Claims Act 10(3)).
The ninety-day notice periods and the shorter suit deadlines work together, so a fall on a public sidewalk or a crash with a public vehicle is a claim to review early.
Which Court Handles a Claim From Delhi
Injury lawsuits above the local courts’ dollar limits belong in the Supreme Court, New York’s court of general jurisdiction. A claim against the State goes to the Court of Claims, and within New York City the Civil Court can hear money actions up to $50,000 (New York City Civil Court Act 202).
By statute the state has thirteen judicial districts (Judiciary Law 140), and a lawsuit from Delhi that reaches the Supreme Court is filed in the Supreme Court in Delaware County, which sits in the Sixth Judicial District. The county seat of Delaware County is Delhi.
The Claims That Come Up Most in Delaware County
Crashes Involving Cars, Trucks, and Motorcycles
A crash claim starts with proving who was at fault and how the injuries occurred, and then with the no-fault system. Basic economic loss is covered up to $50,000 (Insurance Law 5102(a)), a lawsuit for pain and suffering requires a serious injury (Insurance Law 5104(a)), and in an action commenced on or after May 26, 2026 a claimant found more at fault than the defendant is barred (CPLR 1411(b)).
If a defendant’s liability is 50 percent or less, its share of non-economic loss is limited to its equitable share (CPLR 1601(1)).
Injuries on Someone Else’s Property
When someone is hurt on another’s property, the case centers on what the owner knew or should have known and what was done about it, and on how much of the fault the injured person shares under CPLR 1411.
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
A wrongful death action is brought by the personal representative of the person who died, and it must be commenced within two years after the death (EPTL 5-4.1). If a criminal action is pending for the death, the statute allows at least one year from the termination of the criminal action.
Both actions should be reviewed promptly, since the wrongful death period is shorter than the three-year injury period in CPLR 214(5).
On-the-Job Injuries
If a third party such as a property owner, contractor, or equipment maker contributed to a workplace injury, the employee need not choose between compensation and a claim against that party (Workers’ Compensation Law 29(1)).
A fall from a ladder or scaffold at a job site can raise Labor Law 240(1), which covers furnishing scaffolding, hoists, stays, and ladders for the work.
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What to Know About Cases in Delhi
If you are hurt in Delhi, a lawsuit that belongs in the Supreme Court will be filed in Delaware County, unless another county is proper. An attorney who works in that court regularly can explain how its schedule and practices affect the deadlines above, including the three-year limit and any government notice.
To compare options across the state, visit our New York personal injury directory. Injuries in the surrounding area are covered on our pages for Oneonta, Cooperstown, and Herkimer. If the matter involves a patent, trademark, copyright, or trade secret, our Delhi intellectual property attorney page is the better fit.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in New York?
Three years is the general rule. An action to recover damages for a personal injury must be commenced within three years (CPLR 214(5)), with different periods for the exceptions listed there and for other kinds of claims.
Can I sue a town or village over a sidewalk defect?
Sometimes. A town cannot be sued for a sidewalk defect or snow and ice on its sidewalks unless written notice specifying the place was given to the town clerk or superintendent of highways and the defect was not remedied within a reasonable time (Town Law 65-a(2)). Village Law 6-628 has a similar rule for villages.
What if I was 50% at fault?
In an ordinary injury case you can recover half of the damages found (CPLR 1411(a)). In a covered motor vehicle case, CPLR 1411(b) bars recovery only when your culpable conduct is greater than the defendant’s, so exactly 50% is not greater.
Are slip and falls affected by the new car accident fault rule?
No. The bar is limited to actions subject to Insurance Law article 51, which is the motor vehicle no-fault law. Other injury claims, such as falls, remain under the proportional reduction in CPLR 1411(a).
What does New York no-fault insurance cover after a crash?
No-fault pays basic economic loss up to $50,000 per person, meaning necessary medical and related expenses, lost earnings, and other reasonable and necessary expenses (Insurance Law 5102(a)).
Did the definition of serious injury change in 2026?
Yes. For actions commenced on or after May 26, 2026, the category based on a medically determined non-permanent injury preventing daily activities for 90 of the 180 days after the accident was removed from Insurance Law 5102(d).
What is a wrongful death claim in New York?
It is an action for a death caused by another’s wrongful act, brought by the personal representative of the person who died and commenced within two years after the death (EPTL 5-4.1).
Which judicial district is Delhi in?
Delhi is in the Sixth Judicial District (Judiciary Law 140), and a Supreme Court case from Delhi is heard in the Supreme Court in Delaware 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.
Does the deadline pause for an injured child?
Yes. Under CPLR 208(a), a disability of infancy extends the time to three years after the disability ceases, and the ten-year outer limit does not apply to infancy outside medical, dental, or podiatric malpractice.
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