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.
505 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. 8 articles · 4 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. 249 articles · 247 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. 25 articles · 8 current · 1 reviewed
Everything else: Personal Injury Guides & News (70 articles).
Newest articles
- Long Island Pedestrian Crashes After Dark: State Data Before the Clocks Change Oct 8, 2026
From November through January, 485 of 520 evening pedestrian crashes in Nassau and Suffolk happened in the dark. State and federal data, with the CSV files.
- NFL Concussion Insurance Ruling: How New York Counts an Occurrence Oct 2, 2026
The First Department held each former player's concussion claim is a separate occurrence. What per-occurrence and aggregate limits mean for injured people.
- Can New York Be Liable for a Parkway Crash Where There Was No Median Barrier? Oct 2, 2026
A Patchogue family says a Bethpage Parkway crossover crash was preventable. What a claim against the State needs: notice, design immunity, and the 90-day clock.
- How Nassau County Settles Lawsuits: 62 Resolutions, One Published Dollar Figure, and a Records Request Oct 1, 2026
Every Nassau County settlement resolution of 2025 and 2026, coded by meeting, court and caption: who approves them, what the record shows and what it hides.
- Hurt by a Drunk Driver in New York? No-Fault, the Lawsuit, and the 2026 Rules Oct 1, 2026
Two Long Island DWI crashes this month. What no-fault pays a victim, what the lawsuit needs after the 2026 reform, why the criminal case is not your case.
- Road Worker Hit by a Driver in New York: Workers' Comp and the Third-Party Claim Sep 28, 2026
A driver enters a Long Island work zone and hits the crew. Workers' comp pays first, but the negligence claim against the driver is where full damages live.
- Hit by an ATV or Dirt Bike on Long Island? Here's Who Pays for Your Injuries Sep 27, 2026
Street takeovers put unregistered ATVs and dirt bikes on Long Island roads. Why no-fault may not apply, when MVAIC steps in, and what to do if the rider flees.
- Hit by an E-Bike or E-Scooter on Long Island? Suffolk's New Rules, NYC's Bills, and Who Pays Sep 24, 2026
Suffolk's four 2026 e-bike and e-scooter laws, NYC's bills, and the one definition that decides whether an auto insurer, MVAIC or the rider pays after a crash.
- Does No-Fault Pay Wages Lost Attending an EUO? Sep 23, 2026
11 NYCRR 65-3.5(e) makes the insurer reimburse wages and travel lost attending an EUO. ENS Medical v Nationwide (2026) puts the dispute in no-fault arbitration.
- 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?