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.
511 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. 36 articles · 2 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. 251 articles · 249 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. 37 articles · 34 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
- Fell From an Unsecured Ladder on a New York School Job: Who Is Liable? Nov 1, 2026
Hurt in a ladder fall on a New York school roofing job? Who can be sued under Labor Law 240, why your employer is out, and the 90-day notice of claim.
- Carbon Monoxide Poisoning at a Restaurant or Mall: Who Can Be Liable in New York? Oct 29, 2026
A Second Department ruling on a fatal Walt Whitman Mall leak shows when a repair contractor answers for carbon monoxide, and how owners and tenants are judged.
- Hit by an Illegal E-Moto in New York? Who Pays When It Was Sold as an E-Bike Oct 25, 2026
A device sold as an e-bike that exceeds New York's limits is a motor vehicle. Who pays the person it hits, what the seller faces, and what the owner risks.
- Defense Engineer Says Your Injury Is Degenerative? Bonilla-Acosta v Max Services (2026) Oct 23, 2026
A NY appeals court held a defense engineer was qualified on crash force but not shown qualified to call spine injuries degenerative. What it means for you.
- NYC's Pending E-Bike Bills: What They Would Change for People Hurt in a Crash Oct 21, 2026
NYC heard 23 e-bike and delivery bills on September 30, 2026. What each text would change for hurt pedestrians and riders, and the law that applies today.
- New York's Scaffold Law in the 2027 Budget: What Happens If Labor Law 240 Changes, and What Happens If It Doesn't Oct 19, 2026
Labor Law 240 and the 2027 New York budget: what each side argues, the bills on file, and what each possible outcome would change.
- 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.