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Your Kingston Personal Injury Attorney
If you or someone in your family was injured in Kingston, you are probably looking for plain answers about time limits, fault, and what a claim involves. New York sets several of those by statute, so many answers can be checked. Below you will find the key deadlines at a glance, how fault is shared, how no-fault auto insurance limits some crash claims, what changes when a government body is involved, and which court hears a case from Ulster County. Talking with an attorney who knows Ulster County practice can turn these general rules into a plan for your claim.
Your Key New York Rules in One Place
- Deadline for most injury lawsuits: 3 years from the date of the injury (CPLR 214(5)). Wrongful death is shorter: 2 years from 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)).
- 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)).
- 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)).
- If a loved one died: a wrongful death action has a two-year limit (EPTL 5-4.1), and the injured person’s own claim is not lost because of the death (EPTL 11-3.2(b)).
Filing Deadlines for Injury and Wrongful Death Claims in New York
The main deadline is set by CPLR 214(5): an action to recover damages for a personal injury must be commenced within three years. The exceptions listed in that subdivision, in CPLR 214-b, 214-c, 214-i and 215, carry their own periods.
Minors are treated differently. If the person entitled to sue is under a disability because of infancy when the claim accrues, the time to sue is extended to three years after the disability ceases (CPLR 208(a)). The ten-year outer limit in that section does not apply to infancy outside medical, dental, or podiatric malpractice.
After a death, two separate things can happen: the family can bring a wrongful death action, which must be commenced within two years after the death (EPTL 5-4.1), and the injured person’s own personal injury claim is not lost because of the death, since the personal representative may bring or continue it (EPTL 11-3.2(b)).
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.
Before suing, the complaint must also allege that thirty days have passed since the notice of claim was served and that adjustment or payment has been neglected or refused (General Municipal Law 50-i(1)). A court may extend the time to serve a late notice on application, but the extension cannot go past the time allowed to start the action (General Municipal Law 50-e(5)).
State defendants have their own rule. Court of Claims Act 10(3) requires a claim to be filed and served on the Attorney General within ninety days after accrual, unless a notice of intention is served within that time, and then the claim is due within two years.
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)).
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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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.
The numbers work like this in a fall or premises case: at 30% fault, an award of $100,000 becomes $70,000, and at 60% fault it becomes $40,000. Because every percentage point moves the number, how fault is proven matters as much as how much was lost.
Added by Chapter 58 of the Laws of 2026, CPLR 1411(b) applies to personal injury actions subject to Insurance Law article 51, the no-fault law. A claimant whose culpable conduct is greater than the defendant’s, or the combined conduct of the defendants, is barred, and the rule applies to actions commenced on or after May 26, 2026.
When more than one defendant is responsible, a defendant found 50 percent or less at fault is liable for non-economic loss only for its equitable share, in proportion to the relative culpability of each person causing or contributing to the total liability (CPLR 1601(1)). The exceptions are in CPLR 1602, so who is sued and who is left out can change how a judgment is collected.
No-Fault Insurance and the Serious Injury Threshold
Insurance Law 5102(a) defines basic economic loss as up to fifty thousand dollars per person of medical and related expenses, lost earnings, and other reasonable and necessary expenses, subject to the limits in the article. It applies whoever was at fault for the collision.
Inside the fifty-thousand-dollar limit, lost earnings are capped at two thousand dollars per month for up to three years, and other reasonable and necessary expenses at twenty-five dollars a day for up to one year (Insurance Law 5102(a)). Additional optional coverage of twenty-five thousand dollars can be bought for lost earnings, psychiatric, physical therapy, or occupational therapy after the base amount is exhausted.
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.
The regulation on mandatory no-fault coverage (11 NYCRR 65-1.1) calls for written notice of the accident within 30 days at most and written proof of claim within 45 days after services, so paperwork should start early.
Older articles about New York no-fault may be out of date. Chapter 58 of the Laws of 2026 deleted the 90/180-day category from Insurance Law 5102(d) and changed the order of proof in Insurance Law 5104(a) for actions commenced on or after May 26, 2026, as the Department of Financial Services explained in Circular Letter No. 3 (2026).
Injuries on Public Property or Involving Public Vehicles
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.
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.
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)).
Any injury on public property, or involving a public vehicle, deserves prompt review because of the notice periods that begin at the injury.
Which Court Handles a Claim From Kingston
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).
New York is divided into thirteen judicial districts by county (Judiciary Law 140). The Supreme Court in Ulster County is part of the Third Judicial District. The county seat of Ulster County is Kingston.
What Kinds of Injury Cases Do We See in Kingston?
Motor Vehicle Accident Claims
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.
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)).
Slip, Trip, and Fall Claims
A slip and fall claim is a negligence claim, so the same three-year deadline (CPLR 214(5)) and comparative fault rule (CPLR 1411) apply as in other injury cases.
If the fall happened on a town sidewalk, written notice of the defect to the town clerk or superintendent of highways is required (Town Law 65-a(2)), and a village sidewalk has a similar requirement (Village Law 6-628).
Fatal Accident Claims
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.
If a government body may be responsible, a notice of claim within ninety days is still required (General Municipal Law 50-e(1)(a)).
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)).
The three-year deadline in CPLR 214(5) applies to the third-party lawsuit, and the workers’ compensation claim has its own separate filing requirements.
Not sure which deadline applies to your injury? Get matched with an attorney.
What to Know About Cases in Kingston
The rules on this page are statewide, but the practical details are local. For a Kingston claim that means Ulster County and the Supreme Court in Ulster County. Asking a local attorney how long cases usually take there helps put the deadlines in context.
For the full list of New York communities we serve, see our New York personal injury page. Related city pages in this region: Poughkeepsie, Newburgh, and Middletown. If the matter involves a patent, trademark, copyright, or trade secret, our Kingston intellectual property attorney page is the better fit.
Local Hospitals and Your Medical Records
HealthAlliance Hospital is located at 105 Mary’s Avenue in Kingston.
Anyone hurt in Kingston may be treated at one of these facilities or elsewhere, and either way the treatment records help document the injury. The names are listed for location only.
Frequently Asked Questions
Is the deadline the same for every kind of injury claim?
No. Personal injury is three years (CPLR 214(5)), wrongful death is two years after the death (EPTL 5-4.1), medical, dental, or podiatric malpractice is two years and six months (CPLR 214-a), and government claims have their own notice and filing dates.
Is there a shorter deadline for claims against the government?
Yes: ninety days for the notice of claim (General Municipal Law 50-e(1)(a)) and one year and ninety days to commence the action, or two years for wrongful death (General Municipal Law 50-i(1)), compared with three years in an ordinary injury case.
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.
What changed in New York car accident law in 2026?
Chapter 58 of the Laws of 2026 added CPLR 1411(b), removed the 90/180-day category from the serious injury definition, and changed the order of proof in Insurance Law 5104(a). The changes took effect May 26, 2026 and apply to actions and proceedings commenced on or after that date.
Do I have to report a car accident to my insurer quickly?
Yes. Written notice of the accident must be given to the insurer as soon as reasonably practicable and in no event more than 30 days after the accident (11 NYCRR 65-1.1).
What counts as a serious injury under New York law?
The statute lists 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, and significant limitation of use of a body function or system (Insurance Law 5102(d)).
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)).
Is there a court for smaller injury claims?
Yes. Smaller claims can go to local courts with their own dollar limits, and in New York City the Civil Court has jurisdiction of money actions up to $50,000 (New York City Civil Court Act 202).
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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