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Your Glens Falls 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 Glens Falls unfolds. Keep reading for the time limits, the comparative fault rule, the serious injury threshold, government notice rules, the court structure for Warren County, and straight answers on car accidents, falls, workplace injuries, and wrongful death. 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 Warren County can explain what to expect there.
The Short Answers: Deadlines, Fault, and Insurance
- 3 years is the general limit to file a lawsuit for a personal injury (CPLR 214(5)), with different rules for minors and government defendants.
- Claims against a city, county, town, or village: notice of claim within 90 days (General Municipal Law 50-e), and suit within one year and 90 days (General Municipal Law 50-i).
- New York’s comparative fault rule: damages are diminished in proportion to the culpable conduct attributable to you (CPLR 1411(a)), with a bar in motor vehicle cases filed on or after May 26, 2026 when you are more at fault than the defendant (CPLR 1411(b)).
- New York is a no-fault state for crash injuries. Basic economic loss is covered up to $50,000 per person (Insurance Law 5102(a)), and non-economic loss requires 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).
The Three-Year Filing Deadline and Its Exceptions
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.
For an injured child, CPLR 208(a) extends the three-year period to three years after the disability of infancy ceases. Outside medical, dental, or podiatric malpractice, the ten-year outer limit in that section is not applied to infancy.
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)).
Ninety days is the number to remember for local public defendants. A notice of claim must be served within ninety days after the claim arises (General Municipal Law 50-e(1)(a)), and suit must follow within one year and ninety days, or two years for a death (General Municipal Law 50-i(1)).
Two more points from General Municipal Law 50-i(1): the notice of claim is a condition of suing, and the complaint must allege that thirty days have passed since it was served without adjustment or payment. A late notice can be sought from a court, but the extension may not exceed the time limited for commencing the action (General Municipal Law 50-e(5)).
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.
If the ninety days are missed, the court has discretion to allow a late claim before the ordinary limitation period under CPLR article 2 would bar a like action (Court of Claims Act 10(6)).
The general three-year rule does not govern a malpractice claim. CPLR 214-a provides two years and six months, adjusted by continuous treatment for the same illness, injury, or condition, and one year from discovery of a foreign object.
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How New York Handles Partial Fault
Partial blame reduces a claim but does not usually end it. CPLR 1411(a) provides that the amount of damages otherwise recoverable shall be diminished in the proportion which the claimant’s culpable conduct bears to the total culpable conduct which caused the damages.
In a case outside the motor vehicle rule, the reduction is proportional. A person found 20% at fault recovers 80% of the damages, a person found 50% at fault recovers half, and a person found 70% at fault recovers 30%. Insurers know this, and arguing about percentages is a common way they try to reduce a claim.
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.
Multiple defendants change the math. Under CPLR 1601(1), a defendant whose liability is 50 percent or less of the total is responsible for non-economic loss only for its equitable share, subject to the exceptions 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)).
A missed no-fault form can cost benefits even when the lawsuit deadline is far away. 11 NYCRR 65-1.1 sets 30 days from the accident for written notice, and 45 days after services for proof of claim.
Two changes from Chapter 58 of the Laws of 2026 apply to actions commenced on or after May 26, 2026: the 90/180-day category no longer appears in the serious injury definition, and the trier of fact must determine fault first and then the existence of a serious injury before liability for non-economic loss is fixed (Insurance Law 5104(a)).
Injuries on Public Property or Involving Public Vehicles
General Municipal Law 50-i(1) applies to claims against cities, counties, towns, villages, fire districts, and school districts. It requires a notice of claim served under section 50-e, an allegation that thirty days have passed without adjustment or payment, and a lawsuit commenced within one year and ninety days after the event (two years for wrongful death).
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.
State-level defendants are sued in the Court of Claims. Court of Claims Act 10(3) requires filing and service on the Attorney General within ninety days of accrual, or a notice of intention within that time and a claim within two years.
Since the notice period is far shorter than the general three years, government cases should be checked first for who owns the road, sidewalk, or vehicle.
Which Court Handles a Claim From Glens Falls
The Supreme Court is the trial court of general jurisdiction in New York and hears civil cases for damages above the local courts’ limits. In New York City, the Civil Court has jurisdiction of money actions up to $50,000 (New York City Civil Court Act 202), and the Court of Claims is the forum for actions against the State.
The Supreme Court in Warren County hears lawsuits arising in Glens Falls. It falls within the Fourth Judicial District, one of the thirteen judicial districts created by Judiciary Law 140. The county seat of Warren County is Queensbury.
The Claims That Come Up Most in Warren County
Car, Truck, and Motorcycle Accidents
In a car, truck, or motorcycle case, three things usually decide the outcome: who was at fault under CPLR 1411(b), whether the injury meets the serious injury definition in Insurance Law 5102(d), and how the no-fault benefits under Insurance Law 5102(a) were used.
A fracture is one of the categories the serious injury definition lists (Insurance Law 5102(d)).
Premises Liability Claims
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.
Property owned by the State of New York is handled in the Court of Claims, with a ninety-day filing or notice of intention requirement (Court of Claims Act 10(3)).
Death Caused by Another’s Negligence
When a person dies, no cause of action for injury to person or property is lost because of the death (EPTL 11-3.2(b)). The personal representative may bring or continue the action, alongside the wrongful death action limited by EPTL 5-4.1.
Both actions should be reviewed promptly, since the wrongful death period is shorter than the three-year injury period in CPLR 214(5).
Injuries at Work and on Construction Sites
A worker hurt on the job generally looks to workers’ compensation against the employer (Workers’ Compensation Law 11), while a claim against someone not in the same employ, such as an equipment owner or another contractor, can proceed separately (Workers’ Compensation Law 29(1)).
On construction and repair work, Labor Law 240(1) requires owners and contractors to furnish or erect scaffolding, hoists, stays, ladders, and similar devices for the performance of the work.
Not sure which deadline applies to your injury? Get matched with an attorney.
A Note on Glens Falls and the Local Courts
Glens Falls cases are heard in Warren County. Knowing which court you will be in, and how it schedules cases, matters because deadlines such as the three-year filing limit and the ninety-day government notice run regardless of the court, and an attorney who handles claims from Warren County can watch those dates for you.
If your issue is a patent, trademark, or copyright matter instead of an injury, see our Glens Falls intellectual property page. People in this part of the state also look to our pages for Saratoga Springs, Schroon Lake, and Amsterdam. The New York personal injury index shows every city where we connect people with local attorneys.
Health Care Facilities in Glens Falls
Glens Falls is home to Glens Falls Hospital at 100 Park Street.
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
How much time do I have to sue for an injury in New York?
Generally three years (CPLR 214(5)). Different rules apply to minors, whose time is extended to three years after the disability of infancy ceases (CPLR 208(a)), and to government defendants (General Municipal Law 50-e, 50-i).
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.
How does shared fault reduce my compensation in New York?
Damages are diminished in the proportion which your culpable conduct bears to the culpable conduct which caused them (CPLR 1411(a)). If you are found 30% at fault, for example, a $100,000 award becomes $70,000 outside the motor vehicle rule.
What is CPLR 1411(b)?
It is a subdivision added in 2026 that bars recovery in personal injury actions subject to Insurance Law article 51 when the claimant’s culpable conduct is greater than the culpable conduct of the person sued or of the persons sued combined.
How much no-fault coverage do I get?
Basic economic loss is covered up to fifty thousand dollars per person (Insurance Law 5102(a)), with optional additional coverage of twenty-five thousand dollars available for lost earnings or therapy after that amount is used.
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.
Is the wrongful death deadline shorter than the injury deadline?
Yes. A wrongful death action must be commenced within two years after the death (EPTL 5-4.1), while an ordinary personal injury action has three years (CPLR 214(5)).
How many judicial districts does New York have?
Thirteen, grouped by county under Judiciary Law 140. Glens Falls is in the Fourth Judicial District.
Can I sue my employer if I was hurt at work?
Generally not. An employer’s liability under the Workers’ Compensation Law is exclusive and in place of any other liability to the employee (Workers’ Compensation Law 11). A claim against a third party who was not in the same employ can proceed separately (Workers’ Compensation Law 29(1)).
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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