Personal Injury Law
New York personal injury law encompasses car accidents, medical malpractice, premises liability, and more. Key issues include proving causation, meeting the "serious injury" threshold under Insurance Law § 5102(d), and the impact of pre-existing conditions.
496 articles in 6 topics · 2009–2026 · by Jason Tenenbaum
Topics
- Serious Injury Threshold (Insurance Law § 5102(d)) To sue for pain and suffering after a car accident in New York, your injuries must meet the "serious injury" threshold. Courts evaluate range-of-motion limitations, fractures, and permanent consequential limitations. 84 articles · 1 current · 6 reviewed
- Pre-Existing Injuries & Causation Medical evidence of accident-related aggravation, prior conditions and treatment gaps, with dated case notes and the 2026 serious-injury amendment. 35 articles · 1 current · 22 reviewed
- Damages, Verdicts & Range of Motion Range-of-motion evidence and pain-and-suffering case notes, with the 2026 Hiller decision applying Mondesir and a dated explanation of the serious-injury amendment. 7 articles · 3 current · 0 reviewed
- Car, Truck & Motorcycle Accident Claims Articles on New York car, truck and motorcycle accident claims: liability, police reports, uninsured motorist coverage, comparative fault, and how first-party benefits and the serious injury threshold fit together. 243 articles · 241 current · 0 reviewed
- Premises Liability & Other Injury Claims Articles on injury claims outside the motor vehicle: falls and unsafe property, dog bites, construction sites, malpractice, defective products and wrongful death. 34 articles · 31 current · 0 reviewed
- Workers' Compensation Articles and case notes on New York workers' compensation, including where it meets no-fault benefits and third-party injury claims. 24 articles · 7 current · 1 reviewed
Everything else: Personal Injury Guides & News (69 articles).
Newest articles
- Hospital Self-Insurance: Primary or Excess? Kolli v Kaleida Sep 20, 2026
Court of Appeals hears Kolli v Kaleida Health Sept. 15, 2026: does a hospital self-insurance plan cover an on-call doctor? Does it pay before or after MLMIC?
- New York Genealogy Records: What the Law Lets You See Sep 18, 2026
Who holds New York birth, death, marriage and probate records, the 75/50/50-year rules for genealogy copies, the descendant waiver, adoptee records and FOIL.
- Can a New Workers' Comp Decision Make Your Appeal Moot? Sep 17, 2026
The Third Department dismissed an employer's workers' comp appeal as moot after the Board amended its own decision. What happened, and NY's expanded PTSD law.
- NY Dram Shop Claims: Must a Bar Disprove Your Case? Sep 16, 2026
The Court of Appeals heard Brown v Z-Live on September 16, 2026: can a bar win summary judgment on a Dram Shop claim by pointing to gaps in your proof?
- NY Proposes Prior Approval for Every Auto Rate Increase Sep 15, 2026
DFS proposed a rule requiring prior approval for every private passenger auto rate increase in New York. What it means for your renewal after November 27, 2026.
- Patterson v. Meta: Is a Social Media App a Product? Sep 11, 2026
Court of Appeals, September 15: is a social media platform a product, and does Section 230 end the case? What Patterson v. Meta means for New York families.
- Prior Injury and Workers' Comp: What You Must Disclose Sep 10, 2026
WCL 114-a punishes knowing misrepresentations, not honest gaps. A September 2026 Third Department decision shows where the line is and what insurers dig up.
- Sunrise Highway Work-Zone Crash: Who Is Liable? Sep 9, 2026
Two westbound Sunrise Highway lanes close overnight for a month. Who is liable in a work-zone crash: drivers, contractors, the State, and a 90-day clock.
- WTC-12 Deadline Extended to 2030: Who Must File and Why Sep 8, 2026
New York's WTC-12 registration deadline is now September 11, 2030 after a September 2026 extension. Who must file, what it preserves, and why to file now.
- New York Slip-and-Fall Claims: When Is a Hazard "Open and Obvious"? Sep 3, 2026
"I saw it before I fell" does not automatically end a New York slip-and-fall case — but a new Second Department decision shows exactly.