Negligence Lawyer in New York County (Manhattan), NY
A negligence claim in New York County (Manhattan) requires proving a duty of care, breach, causation, and damages under NY CPLR Article 14-A. Law Offices Of SRIS, P.C. provides focused legal representation for negligence cases in Manhattan. Our firm, founded in 1997, uses a case-specific approach to handle the details of your claim. Call (888) 437-7747 for a 24/7 consultation by appointment.
What Is Negligence Under New York Law?
In New York, negligence is the failure to use reasonable care that a reasonably prudent person would use under similar circumstances, resulting in harm to another. The legal standard is established by statute and case law, primarily under New York’s Civil Practice Law and Rules (CPLR) Article 14-A, which governs comparative fault. To succeed in a negligence lawsuit, you must prove four elements: that the defendant owed you a duty of care, that they breached that duty, that the breach caused your injuries, and that you suffered measurable damages as a result.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of New York’s comparative fault law, refer to NY CPLR Article 14-A (official New York State Senate). For court procedures and forms, visit the New York County Supreme Court website.
Handling a Negligence Case in Manhattan Supreme Court
Negligence cases in Manhattan are filed in the New York County Supreme Court, which has unlimited jurisdiction over civil matters. The process begins with filing a summons and complaint, paying a $210 index number fee. A key local procedural fact is that New York follows a “pure” comparative fault rule, meaning your recovery is reduced by your percentage of fault, but you can recover even if you are 99% at fault. This rule significantly impacts case strategy and settlement negotiations.
- File a summons and complaint with the New York County Clerk, paying the required index number and filing fees.
- Serve the defendant with the filed papers according to New York’s strict service rules.
- Participate in mandatory preliminary and compliance conferences to set a discovery schedule.
- Complete discovery, including depositions and exchange of medical records and experienced disclosures.
- File a Note of Issue to certify the case is ready for trial and place it on the trial calendar.
- Proceed to settlement conferences or, if necessary, a jury trial to determine liability and damages.
Potential Outcomes in a Negligence Case
In New York County (Manhattan), a successful negligence claim can recover damages for medical expenses, lost wages, pain and suffering, and other losses, reduced by the plaintiff’s own percentage of fault.
| Claim Type | Legal Basis | Potential Damages | Key Consideration |
|---|---|---|---|
| General Negligence | CPLR Art. 14-A | Economic & Non-Economic | Pure Comparative Fault Applies |
| Auto Negligence | Insurance Law § 5102 | Full economic; non-economic if “serious injury” | Must meet “serious injury” threshold |
| Premises Liability | Common Law & Statute | Medical, lost wages, pain/suffering | Property owner’s duty varies |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Negligence Law Firm in New York
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and a record of thousands of case results firm-wide, our negligence law firm in New York is built on a foundation of direct legal experience. We focus on providing full representation for negligence claims in Manhattan. Our tagline, “Advocacy Without Borders,” reflects our commitment to client-focused legal service.
Our Approach to Negligence Cases
Our negligence attorney in New York, Mr. Sris, leads our approach to these cases. We begin every case with a detailed investigation to establish the duty of care and the specific breach that caused harm. We work with medical and economic experts to document damages fully. Understanding that most cases settle, we prepare every case as if it will go to trial to maximize use during negotiations. Our goal is to secure a recovery that addresses your medical costs, lost income, and the impact of your injuries.
Results may vary. Prior results do not aim for a similar outcome.
Negligence Lawyer Near New York County (Manhattan)
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, West Side Hwy, and all subway lines near landmarks like City Hall and the Centre Street courts complex. We serve neighborhoods across Manhattan including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Negligence Lawyer FAQ: New York County (Manhattan)
What is the statute of limitations for a negligence lawsuit in New York?
Three years. You generally have three years from the date of the injury to file a negligence lawsuit in New York, as per CPLR § 214. For wrongful death, the limit is two years from the date of death. Missing this deadline will almost certainly bar your claim forever.
Can I still recover damages if I was partly at fault for my accident?
Yes. New York is a “pure” comparative negligence state under CPLR Article 14-A. Your financial recovery will be reduced by your percentage of fault. For example, if you are found 30% at fault, you can recover 70% of your total damages.
What is the “serious injury” threshold in New York auto accident cases?
It depends. New York Insurance Law § 5102(d) defines “serious injury” to include death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ or system, or a non-permanent injury that prevents normal activities for 90 of the 180 days following the accident. Meeting this threshold is required to sue for pain and suffering in auto cases.
How long does a typical negligence case take in Manhattan Supreme Court?
18 to 36 months. A standard negligence case in New York County Supreme Court typically takes 1.5 to 3 years from filing to resolution. Complex cases involving multiple parties or severe injuries can take 3 to 5 years. The timeline depends on court scheduling, discovery complexity, and settlement negotiations.
What types of damages can I recover in a negligence case?
You can recover economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In cases of extreme misconduct, punitive damages may be available. New York does not cap damages in most personal injury negligence cases.
Internal Resources: For more information, see our New York Personal Injury Lawyer hub. We also assist with related matters like civil litigation in New York County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.