Attorneys’ Fees

In cases involving medical, dental, or podiatric malpractice, New York has enacted statutory limits on attorneys' fees. Attorneys' fees in New York are equal to 33 1/3% of the net recovery after the deduction of disbursements. In a medical malpractice case the attorneys' fees are calculated on the following schedule: 30% of the first $250,000; 25% of the next $250,000; 20% of the next $500,000; 15% of the next $250,000; and only 10% of any amount over $1,250,000.

Negligence / Personal Injury

3 Years with Discovery Rule for exposure to toxic substances

Wrongful Death

2 Years from date of death.

Medical Malpractice

2 1/2 years

Tolled for foreign object or continuous treatment. Statute runs from end of continuous treatment or discovery of foreign object (1 year). If the malpractice is fraudulently concealed, statute of limitations is 6 years from when fraud is, or should have been, discovered. Infants: tolled, but not to exceed 10 years.

Products Liability

3 Years

Intentional Torts

1 Year

Fraud

If defendant conceals negligence or injury, statute of limitations of 6 years runs from discovery of the fraud.

Municipal Liability/Sovereign Immunity
Require notice of claim within 90 days of occurrence and commencement of suit within 1 year and 90 days of occurrence. Other Notice of Claim provisions apply to different political subdivisions and actions against the State may only be brought in the Court of Claims where a judge alone (no jury).

Charitable Immunity
Abolished

Discovery Rule
See specific rules for medical malpractice, toxic exposure (varies by substance as per different statutes),products liability.

Comparative Negligence
Applies and diminishes plaintiff's recovery by degree of plaintiff's degree of fault.

Disabilities
Medical and dental malpractice, the maximum toll for an infant is 10 years.For infancy (18th birthday), incompetence, and insanity, statute runs from end of disability. Toll of 3 years, if statute of limitations is 3 years or more. If statute of limitations is less than 3 years, than it is extended by period of disability.

Punitive Damages
Punitive damages may be awarded in cases of actual malice, wanton or reckless action as to infer malice or in personal injury actions based on negligence if such negligence amounts to flagrant misconduct. Separate trial held on the issue after a finding of liability and compensatory damages. Defendant's assets are placed in issue.