Instantly Connect For Your Personal Injury Consultation When Filling Out Form
Ready to talk to someone about an injury in Long Beach? The form above connects you directly, no need to read everything below first.
Your Long Beach Personal Injury Attorney
A personal injury claim in Long Beach 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. 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
- 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).
- Car accidents and no-fault: pain and suffering can be recovered only if the injury is a serious injury as the statute defines it (Insurance Law 5102(d), 5104(a)).
- Wrongful death: the action must be commenced within two years after the death (EPTL 5-4.1), and a personal injury claim survives the injured person’s death (EPTL 11-3.2(b)).
The Three-Year Filing Deadline and Its Exceptions
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.
A claim by a child is counted from the end of the disability: for a person under a disability because of infancy, the time is extended to three years after the disability ceases (CPLR 208(a)), and the ten-year cap on extensions does not reach infancy outside medical, dental, or podiatric malpractice.
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.
Claims against local government start sooner. Before suing a city, county, town, village, fire district, or school district, a notice of claim must be served within ninety days after the claim arises (General Municipal Law 50-e(1)(a)), and the action must be commenced within one year and ninety days after the event, or two years in a wrongful death case (General Municipal Law 50-i(1)).
A court has discretion to extend the time to serve a notice of claim, but the extension cannot exceed the time limited for starting the action (General Municipal Law 50-e(5)), so waiting is risky. Suit also cannot start until thirty days after notice was served (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)).
The Court of Claims may permit a late claim, but only before an action asserting a like claim against a citizen of the state would be barred under CPLR article 2 (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.
Injured in Long Beach? Get matched with an attorney now.
Shared Fault: How New York Reduces an Award
Under CPLR 1411(a), a claim survives even if you share the blame, and the damages are reduced in proportion to your share of the culpable conduct. Motor vehicle cases now have an added rule, described below.
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.
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.
Basic Economic Loss, Serious Injury, and Crash Lawsuits
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.
Read the caps before assuming no-fault covers everything: lost earnings are limited to two thousand dollars a month for three years, other expenses to twenty-five dollars a day for one year, and optional extra coverage of twenty-five thousand dollars may apply after the first fifty thousand (Insurance Law 5102(a)).
Under Insurance Law 5104(a), non-economic loss such as pain and suffering can be recovered only for a serious injury. The definition in Insurance Law 5102(d) includes 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.
Timing matters at the insurer as well. Under the no-fault regulation, written notice of the accident must be given to the insurance company as soon as reasonably practicable, and in no event more than 30 days after the accident, and written proof of claim for services must follow as soon as reasonably practicable and no later than 45 days after the services are rendered (11 NYCRR 65-1.1).
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
A claim against a local government depends on following the notice statute. The notice of claim must be served within ninety days after the claim arises (General Municipal Law 50-e(1)(a)), and the action must be commenced within one year and ninety days (General Municipal Law 50-i(1)).
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.
Any injury on public property, or involving a public vehicle, deserves prompt review because of the notice periods that begin at the injury.
Where an Injury Case From Long Beach Is Filed
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 Nassau County is part of the Tenth Judicial District. The county seat of Nassau County is Mineola.
The Claims That Come Up Most in Nassau County
Motor Vehicle Accident Claims
A vehicle crash can involve the at-fault driver, the injured person’s own no-fault coverage, and sometimes a government body if the road or a public vehicle was involved (General Municipal Law 50-e). Each layer has its own rules and deadlines.
Written notice of the accident goes to the no-fault insurer within 30 days at most (11 NYCRR 65-1.1).
Falls and Unsafe Property Conditions
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.
Where a village owns the sidewalk or street, a civil action requires written notice to the village clerk of the defect (Village Law 6-628), in addition to the notice of claim under General Municipal Law 50-e.
When an Injury Is Fatal
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)).
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
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.
Hurt in Long Beach? Find out where your claim stands.
Long Beach: Courts, Counties, and Getting Started
An injury in Long Beach belongs to Nassau County and its Supreme Court. Local practice, such as how quickly cases are listed and how motions are handled, shapes how the general rules on this page play out, and a local attorney can tell you what that looks like.
Our New York personal injury resource collects the state-level rules and links to each city page. Our coverage in this part of New York also includes New York City, New Rochelle, and Mount Vernon. If your issue is a patent, trademark, or copyright matter instead of an injury, see our Long Beach intellectual property page.
Local Hospitals and Your Medical Records
Mount Sinai South Nassau operates a freestanding emergency department in Long Beach at 325 East Bay Drive.
Treatment records from any hospital involved are part of an injury claim, and the dates in them help show when an injury happened and what care followed. Mentioning a hospital here is only a factual reference to its location.
Frequently Asked Questions
Can I still file a lawsuit for an injury from a while ago?
It depends on how long ago. Three years is the general limit (CPLR 214(5)), but some situations change the count, such as a claim by a minor (CPLR 208(a)) or a claim against a public body. An attorney can look at the date of the injury.
How soon do I have to act if a city vehicle hit me?
Quickly. The notice of claim deadline is ninety days (General Municipal Law 50-e(1)(a)), much shorter than the three-year deadline for most injury lawsuits (CPLR 214(5)), and a court can extend it on application only within the time to sue (General Municipal Law 50-e(5)).
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 new car accident rule apply to accidents before May 2026?
The rule applies to actions and proceedings commenced on or after May 26, 2026 (Department of Financial Services Circular Letter No. 3 (2026)), so it turns on the date the lawsuit is commenced.
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.
Does the injured person’s own claim survive if they die?
Yes. No cause of action for injury to person or property is lost because of the death of the person in whose favor it existed, and the personal representative may bring or continue the action (EPTL 11-3.2(b)).
Which court hears a personal injury case from Long Beach?
A lawsuit is typically filed in the Supreme Court, here the Supreme Court in Nassau County, which is New York’s trial court of general jurisdiction. A claim against the State goes to the Court of Claims.
How do workers’ compensation and a personal injury claim fit together?
The employer’s liability is exclusive (Workers’ Compensation Law 11), but the employee’s claim against another party who was not in the same employ is preserved (Workers’ Compensation Law 29(1)). The three-year deadline in CPLR 214(5) still applies to the lawsuit.
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.
Connect With a Long Beach Personal Injury Attorney
An injury claim is easier to handle with someone reading the paperwork alongside you. Submit the form to be connected with an attorney who can go over your injury, the deadlines, and the court in Nassau County.
