New York Personal Injury Lawyer Ready for the 2026 Rule Changes
New York changed key rules for car accident lawsuits in 2026, and anyone with an unfiled claim needs to understand how those changes affect them. Kaufman & Lynd represents injured people throughout New York State, and Attorney Jeffrey Kaufman is licensed to practice in New York. From the five boroughs to Buffalo and the Hudson Valley, we offer a free, confidential case review, and you pay no fees unless we win.
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New York personal injury claims at a glance
- Filing deadline
- 3 years (90-day notice for government claims)
- Fault rule
- Pure comparative fault, with a new bar for mostly at-fault drivers in 2026 auto cases
- Insurance
- No-fault state with $50,000 in benefits and a serious injury threshold
- Your attorney
- Jeffrey S. Kaufman is licensed to practice law in New York and 17 other states.
- Cost to you
- Free consultation and no fees unless we win.
New York injury attorneys
Why New York Injury Victims Choose Kaufman & Lynd
Licensed in New York
Attorney Jeffrey S. Kaufman is a licensed New York attorney, so you work directly with a lawyer admitted to practice in your state.
Decades of experience
Partners Jeffrey Kaufman and Craig Lynd have worked together since 1997 and have been responsible for more than fifty thousand cases.
No fees unless we win
You pay nothing upfront, and your consultation is always free and 100% confidential.
Trusted by clients
Kaufman & Lynd holds a 4.9-star rating from more than 750 Google reviews.
Recognized legal commentary
Our attorneys have been called on for legal analysis by CNN, MSNBC, CNN Business, and Fox News.
Every case is personal
You get individualized attention and regular updates, not a case number.
Attorney Jeffrey Kaufman
Personal injury attorney · Licensed in New York
Accident risks
Common Accident Risks in New York
New York City's streets mix cars, taxis, ride-share vehicles, delivery trucks, buses, cyclists, e-bikes, and pedestrians in close quarters, while the Long Island Expressway, Cross Bronx Expressway, BQE, and I-87 carry some of the heaviest traffic in the country. Upstate, the New York State Thruway (I-90) and lake-effect snow around Buffalo and Rochester produce severe winter crashes. Construction is constant across the state, which makes scaffold and fall injuries a major concern.
How we can help
New York Personal Injury Cases We Handle
If someone else's negligence caused your injury in New York, we can help you pursue compensation for medical bills, lost wages, pain and suffering, and other losses. Our New York practice includes:
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Uninsured and underinsured motorist claims
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Scaffold falls and Labor Law claims
Know your rights
New York Personal Injury Laws You Should Know
Every state sets its own rules for injury claims. These are the New York rules that most often affect what you can recover and when you must act.
Statute of limitations
New York generally allows three years to file a personal injury lawsuit (CPLR § 214). Wrongful death claims must be filed within two years of death.
Notice of claim against government
Claims against a city, county, or public authority, including New York City, generally require a notice of claim within 90 days (General Municipal Law § 50-e).
No-fault benefits
Your own auto insurer pays up to $50,000 in basic economic loss, including medical bills and lost wages, regardless of fault. The no-fault application is generally due within 30 days of the accident.
Serious injury threshold
To sue for pain and suffering after a car accident, you must meet New York's serious injury definition, such as a fracture, significant disfigurement, or a permanent or significant limitation of a body function (Insurance Law § 5102(d)).
Comparative fault
Pure comparative negligence still applies to most injury cases, including premises, product, and construction claims. Motor vehicle cases filed on or after May 26, 2026 follow a new rule described below.
Minimum liability limits
$25,000 per person and $50,000 per accident for bodily injury, $50,000/$100,000 for death, and $10,000 for property damage.
Recent Changes to New York Injury Law
New York's 2026 auto reforms: As part of the FY2027 state budget enacted in May 2026, New York changed motor vehicle injury lawsuits commenced on or after May 26, 2026. The 90/180-day category was removed from the serious injury threshold. Juries now decide fault first, then serious injury, then damages. A claimant whose fault is greater than that of the defendants is barred from recovering in no-fault motor vehicle cases, and noneconomic damages are capped at $100,000 for certain at-fault drivers who were uninsured, impaired, or committing a felony. Because the rules depend on when the lawsuit is filed, not when the crash happened, timing matters.
After an accident
What to Do After an Accident in New York
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Get to safety and call 911.
Request police and medical help, and ask for a copy of the crash or incident report.
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See a doctor right away.
Some injuries, including concussions and internal injuries, do not show symptoms for hours or days.
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File your no-fault application within 30 days.
Missing this deadline can jeopardize your medical and lost wage benefits.
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Document everything.
Take photos of the scene, vehicles, and injuries, and collect names and contact information for witnesses.
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Avoid recorded statements to the other insurer.
Insurance adjusters may use your words to reduce or deny your claim.
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Call a New York personal injury lawyer.
A free consultation helps you understand your rights before important deadlines pass.
Communities we serve
Serving Injury Victims Across New York
We represent injured people throughout New York, including New York City, Brooklyn, Queens, The Bronx, Staten Island, Long Island, Yonkers, White Plains, Buffalo, Rochester, Syracuse, and Albany, as well as smaller towns and rural communities statewide. Our main office is located at 200 E. Robinson St., Suite 400, Orlando, Florida, and we work with New York clients by phone, video conference, and secure online document sharing, so you can focus on your recovery.
How long do I have to sue after an accident in New York?
Generally three years for personal injury and two years for wrongful death. Claims against New York City or other public entities require a notice of claim within 90 days.
What changed in New York car accident law in 2026?
For motor vehicle lawsuits filed on or after May 26, 2026, the 90/180-day serious injury category was eliminated, fault is decided first, a mostly-at-fault claimant cannot recover, and certain at-fault drivers face a $100,000 noneconomic damages cap.
What is a serious injury under New York law?
It includes death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent loss of use of a body function or system, and permanent or significant limitations of use.
Can Kaufman & Lynd represent me in New York?
Yes. Attorney Jeffrey Kaufman is licensed in New York, and we work with New York clients by phone, video, and secure document exchange.
What does it cost to hire your firm?
The consultation is free, and there are no fees unless we win.
Talk to a New York Personal Injury Lawyer Today
If you or someone you love was hurt in New York, you do not have to face the insurance companies alone. Call Kaufman & Lynd at (407) 500-JEFF or complete our free case evaluation form. Your information is kept 100% confidential, and there are no fees unless we win.