How Personal Injury Law Differs in NY, NJ, and CT
By Ross Cellino
Personal injury laws can change significantly when you cross state lines. If you live or work in the tri-state area, it’s important to understand that New York, New Jersey, and Connecticut each have their own rules for determining fault, handling car accident claims, and setting deadlines in personal injury cases.
Depending on which state your injury occurred in. These differences may affect whether you can recover compensation, which insurance company pays your medical expenses, and how long you have to file a lawsuit. Even when two accidents happen only a few miles apart, the claims may follow very different legal rules.
If you were injured in New York, New Jersey, or Connecticut, Cellino Law can help you understand which laws may apply. Schedule a free case evaluation online or call us at 888-888-8888 to speak with a member of our team.
Key Takeaways About Injury Laws in NY, NJ, and CT
- New York allows an injured person to recover compensation even when they are mostly at fault, while Connecticut and New Jersey can prevent recovery if the injured party is 51% at fault.
- New York and New Jersey have no-fault auto insurance systems, while Connecticut generally follows an at-fault system.
- New York generally gives injured people three years to file a personal injury lawsuit. New Jersey and Connecticut generally provide two years.
- Claims involving government agencies, medical malpractice, minors, wrongful death, or other special circumstances may have different deadlines across all three states.
How Fault Is Determined in Each State
Personal injury claims are brought about when one party, or multiple parties, acted negligently and caused another person bodily harm.. Negligence in these cases are defined as a business or individual failing to act with reasonable care, which caused the injury.
However, it’s important to understand that the injured person may also be accused of contributing to the accident. New York, New Jersey, and Connecticut each handle contributory negligence, or shared fault, differently.
New York: Pure Comparative Negligence
New York follows a pure comparative negligence system. Under this rule, an injured person may still recover compensation, even if they were partly or mostly responsible for the accident where they sustained injuries. Under this rule, the amount they recover is reduced by the percentage in which they are at fault.
For example, an injured person has $100,000 in damages, but is found 70% responsible for the accident. Their potential recovery may be reduced by 70%, leaving them with a maximum recovery of $30,000.
Under New York’s comparative negligence law, an injured person’s own negligence does not automatically prevent them from recovering compensation.
New Jersey: Modified Comparative Negligence
New Jersey uses a modified comparative negligence system. Under modified comparative negligence, an injured person may recover compensation when their fault is less than the fault of the person or combined parties they are seeking compensation from.
This means that an injured person can only recover damages if they are found to be less than 50% at fault for the accident. However, their compensation may be reduced according to their share of fault.
A person who is found more than 50% responsible can be barred from recovering compensation from the other party under New Jersey’s comparative negligence law.
Connecticut: Modified Comparative Negligence
Connecticut also follows a modified comparative negligence rule. Like New Jersey, an injured person may generally only recover compensation when their percentage of negligence is less than the combined negligence of the people or entities they are making a claim against.A person whose responsibility is greater than the combined responsibility of the defendants may be unable to recover.
These rules make fault an especially important issue in New Jersey and Connecticut, insurance companies may try to assign an injured person more than half of the blame to reduce or deny the claim.
How Car Accident Insurance Laws Differ
Insurance laws differ from state to state. Some states, like New York, require coverage for automobile drivers called No-fault coverage, or Personal Injury Protection (PIP). Others, like Connecticut, do not require this coverage. Instead, the driver must opt into liability or MedPay.
New York Is a No-Fault State
New York uses a no-fault auto insurance system. After a car accident, an injured person will generally turn first to their own Personal Injury Protection coverage for certain financial losses relating to their injuries, regardless of who caused the crash.
New York motor vehicle drivers are required to carry Personal Injury Protection coverage, which is also known as no-fault coverage. However, it’s important to understand that this coverage does not apply for motorcyclists.
No-fault benefits can cover the following expenses up to $50,000:
- Medical treatment bills
- Prescription and medical equipment costs
- Up to 80% of lost wages ($2,000/month for up to 3 years)
- Certain transportation costs
- Other necessary accident-related expenses
It’s important to understand that no-fault does not cover damages to property or pain and suffering. In order to pursue a claim for pain and suffering against the at-fault driver, the injured person will need to establish that they have suffered a “serious injury”, as defined by New York State.
The state’s no-fault insurance guidance explains that the serious injury standard may include conditions such as:
- Fractures
- significant disfigurement
- permanent limitations
- death
- injuries that interfere with a person’s normal activities for a required period.
New Jersey Also Uses a No-Fault System
New Jersey drivers must also carry Personal Injury Protection coverage to help pay for their own medical expenses after a crash. However, the right to sue for pain and suffering may depend on the lawsuit option selected through the injured person’s auto insurance policy.
Drivers must choose between:
- The limitation on lawsuit option
- The no limitation on lawsuit option
The limitation on lawsuit options is also known as the verbal threshold. When it applies, an injured person will need to prove that they suffered a qualifying serious injury before they can pursue compensation for pain and suffering.
Under New Jersey’s limitation on lawsuit option, qualifying injuries may include:
- a displaced fracture
- permanent injury
- significant scarring or disfigurement
- loss of a body part
- death
- or loss of a fetus.
The limitation on lawsuit options can affect a person’s legal rights, even when someone else was found to be at fault for the crash. Choosing the no limitation option generally preserves broader rights to seek compensation for pain and suffering.
Connecticut Follows an At-Fault System
Connecticut follows an at-fault approach to car accident claims. The state repealed its former no-fault insurance system, meaning people injured by a negligent driver now must pursue a claim against the responsible driver’s liability insurance for damages such as:
- Medical bills
- Lost income
- Property damage
- Pain and suffering
- Other accident-related damages
Under the modified comparative fault rule, drivers more than 50% at fault for the accident cannot seek damages against the other party. Instead, they may be able to recover damages under their own insurance policy’s MedPay or liability coverage.
Unlike New York and New Jersey, Connecticut generally does not require an injured person to satisfy a serious injury threshold before seeking pain and suffering damages in a standard car accident case.
Personal Injury Filing Deadlines in Each State
Every state limits how long an injured person has to file a lawsuit. This deadline is known as the statute of limitations. Missing the deadline to file your claim will likely result in the case being dismissed, even if the evidence shows that another person caused the injury.
New York’s Personal Injury Deadline
In New York, personal injury victims have 3 years from the date of their accident to file a personal injury claim. However, there are certain circumstances in which the deadline can be extended. These include:
- The accident happened when the injured person was incapacitated or under the age of 18
- The injury was not discovered until later under one of New York’s limited discovery-rule exceptions.
- A timely lawsuit was dismissed for certain procedural reasons rather than decided on its merits.
The court allows a late Notice of Claim against a municipality.
If a wrongful death occurred, members of the deceased’s estate have 2 years from the date of their death to file a wrongful death claim.
For cases involving a municipality or government agency, a notice claim must be filed within 90 days of the injury and a lawsuit must be filed within 1 year and 90 days.
New Jersey’s Personal Injury Deadline
In New Jersey, personal injury victims have 2 years from the date their claim arose to file a personal injury lawsuit. Certain circumstances may extend or affect the deadline, including:
- The accident happened when the injured person was incapacitated or under the age of 18.
- The injured person did not reasonably discover the injury or its connection to another party until later.
- The responsible party could not be located or served under limited circumstances.
- The responsible party died before the filing deadline expired.
If a wrongful death occurred, the representative of the deceased person’s estate has 2 years from the date of death to file a wrongful death lawsuit.
For cases involving a municipality, public entity or government employee, a Notice of Claim must be filed within 90 days. The claimant must wait 6 months after submitting the notice before filing a lawsuit, and the lawsuit must be filed within 2 years of the claim. A court may allow a late notice within 1 year when extraordinary circumstances caused the delay and the public entity would not be substantially prejudiced.
Connecticut’s Personal Injury Deadline
In Connecticut, personal injury victims have 2 years from the date that their injury was discovered or reasonably should have been discovered to file a personal injury lawsuit. However, a lawsuit cannot be filed more than 3 years after the act that caused the injury.
Certain circumstances may affect the deadline, including:
- The injury was not discovered and could not reasonably have been discovered until later.
- The responsible party intentionally concealed the facts needed to bring the claim.
- The responsible party’s wrongful conduct or legal duty continued after the original incident.
- A timely lawsuit was dismissed for certain procedural reasons rather than decided on its merits.
If a wrongful death occurred, the deceased person’s representative generally has 2 years from the date of death to file a wrongful death lawsuit. However, the lawsuit cannot be filed more than 5 years from the date of the accident that caused death.
For cases involving a municipality or government agency, the deadline depends on the type of claim. For example, a claim involving a defective municipal road, bridge or sidewalk requires written notice within 90 days of the injury, and the lawsuit must be filed within 2 years.
What Compensation May Be Available?
In all three states, an injured person may be able to pursue economic and non-economic damages after an accident.
Economic damages address measurable financial losses, including:
- Medical bills
- Future treatment costs
- Lost wages
- Reduced earning ability
- Property damage
- Out-of-pocket expenses
Non-economic damages address the personal impact of the injury, including:
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
- Scarring or disfigurement
The damages available will depend on the facts of the case. Auto insurance rules, injury thresholds, available coverage, and the injured person’s share of fault may all affect the final recovery.
What If an Accident Involves More Than One State?
Some personal injury claims have connections to multiple states. For example, a New York resident may be injured in a New Jersey crash while driving a vehicle insured in Connecticut.
In most cases, the state where the accident occurred will have jurisdiction over the claim, and that state’s negligence laws and filing deadlines may apply. However, other factors can still affect the case, including where the parties live, where the vehicle is registered or insured, and the terms of the applicable insurance policies.
Questions may arise about:
- Which state’s negligence rules apply
- Which insurance policy pays first
- Whether an injury threshold applies
- Where the lawsuit should be filed
- Which filing deadline controls
Because these cases may involve more than one state’s laws or insurance requirements, an attorney can review the details and determine how and where to pursue the claim.
Injured in NY, NJ, or CT? Call Cellino Law
Personal injury laws are not the same in New York, New Jersey, and Connecticut. Each state has different rules for shared fault, auto insurance claims, injury thresholds, and filing deadlines.
Understanding which laws apply can be especially difficult when an accident involves people, vehicles, insurance policies, or businesses located in more than one state.
Cellino Law represents injury victims across New York, New Jersey, and Connecticut. Our team can investigate what happened, review the available insurance coverage, explain the laws that may affect your claim, and help you understand your next steps.
Contact us online or call 888-888-8888 today for a free case evaluation. There is no fee unless we win your case.
Content checked by the personal injury attorney Ross Cellino
Ross Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
