In New York State, the fundamentals of personal injury law have remained pretty stable over the years. However, we always keep an eye on new developments in the laws of our state to see if they’ll have any impact on our work. In this blog post, we’ll go over five recent new laws that were passed in New York State, and assess their impact on various areas of the law.
1. S1478 – Directing a Comprehensive Study on the Delivery of Services for Individuals with Traumatic Brain Injuries (TBI)
Signed into law in 2024, this bill does not directly change personal injury statutes. However, it may result in policy changes that increase access to treatments of TBIs, including rehab, counseling and home care. By studying if there is different service availability in different areas of New York, it may support claims that there is a need for additional compensation due to a lack of local treatment options. The findings of the study may also demonstrate systemic issues in the treatment of TBIs, which would potentially strengthen claims for higher settlements due to the need for better supports.
2. S365B – The New York Privacy Act
This bill, also signed into law in 2024, impacts personal injury cases for New Yorkers because it introduces new regulations on personal data management and consumer rights. It claims that it will grant consumers more control over their personal data, such as biometrics, medical histories and other sensitive data. It may help guard against unauthorized access to medical records by opposing parties.
It may also help shed light on how insurers and medical providers collect, store and share data, which potentially could help track unfair practices in a discovery situation. It’s also possible that personal injury lawsuits related to data breaches or unauthorized uses of information could become more viable; individuals suffering financial or reputational harm from improper data use may have a recourse.
3. S3255 – Extending the Statute of Limitations for Claims Resulting from Unlawful Discriminatory Practices from One Year to Three Years
It’s rare, but possible that a personal injury resulting from unlawful discriminatory practices (such as from harassment, retaliation or discrimination) can take place in the workplace. If so, the victim now has three years to file a complaint with the New York State Division of Human Rights.
If a worker experienced physical or emotional harm or damages due to said discrimination; possibly being denied medical treatment or accommodation, suffering in unsafe conditions, or being retaliated against after reporting injuries, they now have a longer window to seek recompense. In the world of personal injury law, you may have more opportunities to file civil lawsuits after the state agency investigates; defendants may be more inclined to settle than face prolonged legal exposure, while insurance companies may have adjust their policies to account for the longer claim period.
4. S5026 – Freelance Isn’t Free Act
This bill may help independent contractors and freelancers who experienced work-related injuries, by requiring written contracts, which makes it easier to prove employment terms in personal injury lawsuits. The contracts may help prove that the employer was responsible to provide a safe working environment; more freelancers may be able to pursue personal injury claims under general negligence rather than trying to fit within workers’ compensation laws.
5. S1161A – Increasing Minimum Weekly Compensation for Individuals Who Receive Workers’ Compensation Benefits
This bill, signed in the fall of 2023, increased the minimum workers’ compensation benefits for workers who suffer disabilities due to workplace injuries; in 2024, the weekly compensation increased to $275/week; in 2025, it increased to $325/week.
This may lead to larger settlement offers in workplace personal injury cases where the injury was caused by negligence.