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In Erie County, personal injury claims fall under New York’s pure comparative fault rule (NY CPLR Article 14-A). Law Offices Of SRIS, P.C. has documented results across 4,739+ cases firm-wide. Our Erie County personal injury lawyer handles car accidents, slip and falls, and wrongful death claims. Call (888) 437-7747.
Last verified: April 2026 | Erie County Supreme Court | NY CPLR Article 14-A (official New York Senate)
What Is a Personal Injury Claim in Erie County?
Under New York law, a personal injury claim allows you to seek compensation when someone else’s negligence causes you harm. In Erie County, these cases are governed by the New York Civil Practice Law and Rules (CPLR), specifically Article 14-A which establishes pure comparative fault. This means your recovery is reduced by your percentage of fault, but you can still recover even if you are 99% at fault. The statute of limitations is generally three years from the date of injury for most claims, and two years for wrongful death. For cases against municipalities, a Notice of Claim must be filed within 90 days.
Key Statute for Erie County Personal Injury Cases
The primary statute governing personal injury actions in New York is the CPLR Article 14-A (Comparative Fault). Additionally, for auto accidents, you must meet the “serious injury” threshold under Insurance Law § 5102 to claim pain and suffering damages. The Erie County Supreme Court handles all personal injury cases with damages over $25,000.
Insider Procedural Edge: Filing in Erie County Supreme Court
Personal injury cases in Erie County are filed in Supreme Court. The court requires a preliminary conference within 45 days of filing the Note of Issue. Prosecutors in this district often push for early settlement conferences.
- File Summons and Complaint: Serve the defendant and file with the Erie County Supreme Court.
- Discovery Phase: Exchange medical records, bills, and other evidence. Depositions are common.
- Preliminary Conference: Attend a court conference to set a discovery schedule and trial date.
- Note of Issue: File when discovery is complete to place the case on the trial calendar.
- Trial or Settlement: Most cases settle before trial. If not, a jury trial in Erie County Supreme Court.
In Erie County, personal injury claims can result in compensation for medical bills, lost wages, and pain and suffering. New York has no cap on damages in most personal injury cases.
| Offense / Claim Type | Legal Standard | Damages Available | Statute of Limitations | Additional Notes |
|---|---|---|---|---|
| Car Accident | Negligence / Serious Injury Threshold | Medical, Lost Wages, Pain & Suffering | 3 years | Must meet “serious injury” under Insurance Law § 5102 |
| Slip and Fall | Premises Liability | Medical, Lost Wages, Pain & Suffering | 3 years | Notice of claim required for municipal properties |
| Wrongful Death | Negligence / Strict Liability | Funeral expenses, lost income, loss of consortium | 2 years | Filed by estate representative |
Results may vary. Prior results do not guarantee a similar outcome.
Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes. Our Erie County personal injury team has extensive experience in local courts.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Buffalo, NY
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.
Our Erie County location is near the Erie County Supreme Court, accessible via I-90 (NYS Thruway), I-81, and I-390. We serve clients throughout Buffalo, Cheektowaga, Amherst, Tonawanda, Hamburg, Orchard Park, Clarence, Lancaster, West Seneca, Lackawanna, East Aurora, Kenmore, Williamsville, and Depew.
Frequently Asked Questions About Personal Injury in Erie County
What is the statute of limitations for a personal injury case in Erie County?
Yes, the statute of limitations is generally three years from the date of injury for most personal injury claims in New York. For wrongful death, it is two years. Claims against municipalities require a Notice of Claim within 90 days.
Do I need to prove I was not at fault to recover damages in New York?
No, New York follows pure comparative fault. You can recover even if you are 99% at fault, but your damages will be reduced by your percentage of fault. For example, if you are 30% at fault, you recover 70% of your damages.
What is the “serious injury” threshold for car accident cases in New York?
Yes, under Insurance Law § 5102, you must prove a “serious injury” to claim pain and suffering damages. This includes death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ, or a non-permanent injury that prevents you from performing substantially all of your daily activities for 90 of the first 180 days after the accident.
How long does a personal injury lawsuit take in Erie County Supreme Court?
It depends. A typical case can take 18 to 36 months from filing to trial. Complex cases involving multiple parties or severe injuries can take 3 to 5 years. Most cases settle before trial, which can shorten the timeline.
What damages can I recover in a personal injury case in New York?
You can recover economic damages like medical expenses, lost wages, and property damage. You can also recover non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. New York does not cap damages in most personal injury cases.