A company that injures you through negligence can be sued in New York, much like an individual. You file a lawsuit, prove fault, and prove your losses.
That is the short answer. The practical answer takes more work. Companies carry insurance, defense counsel, and claims departments trained to size up your case early and settle on their terms. In the first weeks, nothing matters more than the deadlines, the correct defendant, and the rules for your type of case.
This guide takes those questions one at a time, in plain language, under current New York law.
Can I sue a company for a personal injury?
Yes. A company is a legal person. It can be sued for the negligence of its employees, the condition of its property, the vehicles it puts on the road, and the products it sells. Under the doctrine of respondeat superior, a company answers for harm its employee causes while doing the company's work. That is why a crash with a delivery van is rarely a claim against the driver alone. The employer and its commercial policy are usually part of the case.
There is one major exception. If the company is your own employer and you were hurt on the job, Workers' Compensation Law § 11 generally makes workers' compensation your exclusive remedy against the employer. In most situations, you cannot sue your own employer for negligence. You can often sue a third party instead, such as a property owner, a general contractor, or a different company on the site. That path is covered in when you can sue beyond workers' comp and in our piece on suing a general contractor like Turner Construction.
What deadlines apply?
Three deadlines do most of the damage when people wait.
Most New York personal injury lawsuits must be started within three years of the injury under CPLR § 214. Wrongful death claims must be started within two years under EPTL § 5-4.1.
Public entities follow a shorter track. For a city agency, a transit authority, or a public hospital, a Notice of Claim is usually required within 90 days under General Municipal Law § 50-e. Miss that window and the case can be lost before it starts.
If a vehicle is involved, the no-fault application generally must be filed within 30 days of the crash. That filing preserves up to $50,000 in basic benefits, including medical bills and up to $2,000 per month in lost wages. These clocks run whether or not you have decided what to do.
What do I have to prove?
Four things: the company owed you a duty, it breached that duty, the breach caused your injury, and you suffered damages. The standard is not what happened, it's what you can prove happened.
The proof depends on the case type. In a premises case, the question is often whether the company created the hazard or knew about it long enough to fix it. In a product case, the question is whether the product was defectively designed, badly made, or sold without adequate warnings. In a vehicle case, the proof usually starts with the police report, the vehicle data, and the driver's employment status.
Company records disappear through ordinary business routines. Surveillance video gets overwritten, incident reports get filed away, maintenance logs get discarded on a schedule. A preservation letter sent early, demanding that specific records be held, is one of the most valuable steps a lawyer takes in a new case.
Does it matter if I was partly at fault?
It matters, and the rule depends on the kind of case.
For most non-vehicle negligence claims against a company, such as premises or product cases, New York applies pure comparative fault under CPLR § 1411. Your recovery is reduced by your share of fault. Partial fault does not bar the claim.
Motor vehicle cases follow a different rule. For actions started on or after May 26, 2026, CPLR § 1411(b) bars recovery entirely if your fault exceeds the combined fault of the parties you are suing. A jury must also decide fault before deciding whether your injury meets the serious injury threshold under Insurance Law § 5104.
In a vehicle case against a company, you must also show a serious injury under Insurance Law § 5102(d) to recover pain and suffering. Current categories include fracture, significant disfigurement, and permanent or significant limitation of use of a body function or system. If a commercial vehicle hurt you, our car accident practice page covers how those claims work.
What are the steps to sue a company?
First, get medical care and keep treating. The medical record is the backbone of every injury case. Gaps in treatment are read against you.
Second, identify the correct defendant. Companies operate through subsidiaries, franchises, and contractors. The name on the truck is not always the name on the insurance policy. Getting the entity right, and naming every responsible party, shapes what coverage is available.
Third, preserve evidence. Photographs, witness names, the police or incident report, and a preservation demand for the company's own records.
Fourth, file within the deadlines above. A lawsuit starts with a summons and complaint. The company answers, both sides exchange records and sit for depositions, and the case either resolves or goes to trial. Most cases settle, but settlement value tracks trial readiness. Insurers price a trial-ready case differently. If a safety violation is part of the story, our explainer on suing over OSHA violations covers how regulatory records fit into a civil case.
Do I need a lawyer to sue a company?
You are not required to have one. But a company defendant is not an even match for an unrepresented person. Its insurer will weigh your claim against the medical record, the liability evidence, and the coverage available. An early offer reflects the file as it exists at that moment, often before the full extent of the injury is known.
Be wary of anyone who quotes a case value without a full investigation. A responsible evaluation takes time. Treatment has to progress, prognosis has to become clear, and every policy has to be identified.
How Schwartzapfel Holbrook approaches cases against companies
Schwartzapfel Holbrook accepts a limited number of serious injury cases across New York City, Nassau County, and Suffolk County. When the defendant is a company, we identify every responsible entity and every layer of coverage. We send preservation demands early. We build each case on the assumption it will be proven at trial, because that preparation drives serious resolutions. We are selective about the cases we take. When we take one, we prepare it as if a jury will decide it.
