When you file a personal injury lawsuit in New York, the last thing you want is for the case to drag on for years while defendants play legal games to avoid paying what you're owed. Unfortunately, that's exactly what has been happening in many cases, particularly construction accident claims. Defendants have been using a legal tactic called "impleader" to bring in other parties late in the process, creating delays that can stretch cases out indefinitely and pressure injured people into accepting less money than they deserve.
A new law is about to change that. The AVOID Act, which stands for Avoiding Vexatious Overuse of Impleading to Delay Act, was signed by Governor Kathy Hochul on December 19, 2025, and takes effect on April 18, 2026. This law puts strict time limits on when defendants can bring third parties into a lawsuit, eliminating one of the most common delay tactics in personal injury litigation.
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If you've been injured in an accident in New York, or if you're currently involved in a personal injury case, this new law could significantly affect how quickly your case moves forward and how soon you might see compensation for your injuries.
What Does Impleader Actually Mean?
Before diving into the new law, it helps to understand what impleader is and why it matters in personal injury cases.
When someone sues you, you might believe that another person or company should actually be responsible for some or all of what happened. Impleader is the legal process that allows you to bring that third party into the existing lawsuit. The person who gets brought in is called a third-party defendant.
In personal injury cases, this happens frequently. For example, if you're injured in a construction accident and sue the property owner, the owner might implead the general contractor. The general contractor might then implead a subcontractor. The subcontractor might try to implead the employer of the worker who got hurt. Each new party added means more lawyers, more depositions, more discovery, and more time before anything gets resolved.
The problem isn't that defendants bring in other potentially responsible parties — that can be helpful because it gets everyone at the table to figure out who should pay what. The problem is that some defendants have been using impleader as a delay tactic, waiting until the case is almost ready for trial before suddenly bringing in new parties. This forces everyone to restart parts of the discovery process, pushing trial dates back by months or even years.
Why the AVOID Act Was Passed
New York has some of the strongest worker protection laws in the country, particularly the Labor Law provisions that protect construction workers. Labor Law Section 240, often called the Scaffold Law, makes property owners and general contractors liable when workers are injured in falls or when objects fall on them. Labor Law Section 241 requires compliance with specific safety regulations.
These laws are powerful tools for injured workers, but they've also created a situation where defendants routinely try to shift blame. Because workers generally can't sue their own employers directly due to workers' compensation laws, defendants in Labor Law cases have developed a pattern of impleading employers late in the case, claiming the employer should contribute to or cover any judgment.
The delay tactic works because of a legal concept called "ripeness." Under New York law, a claim for contractual indemnification isn't considered ripe until the party seeking indemnity has actually paid something. Defendants exploited this by waiting as long as possible to bring in third parties, knowing the impleader claims might not even be ready to proceed but would still slow the process.
This strategy had a predictable effect. Cases that should have settled within a reasonable timeframe instead dragged on. Injured people who needed compensation for medical bills, lost wages, and pain and suffering found themselves waiting years while defendants played procedural games. The pressure of mounting bills and ongoing uncertainty often forced people to accept settlement offers far below what their cases were actually worth.
What the AVOID Act Actually Changes
The AVOID Act amends Section 1007 of New York's Civil Practice Law and Rules, which governs third-party practice. The changes create firm deadlines that eliminate the flexibility defendants previously used to delay cases.
Under the new law, defendants who want to bring in third parties must act quickly:
If the claim is based on a contract (for example, a contractual indemnification provision), the defendant must file the third-party action within 60 days of filing their answer to the original complaint.
If the claim isn't based on a contract (such as common law indemnification or contribution claims), the defendant has 60 days from when they become aware of the third party's potential liability.
These deadlines cascade when there are multiple levels of third-party defendants:
A third-party defendant who wants to bring in another party has 45 days to do so.
A fourth-level party has 30 days.
Any parties beyond that have only 20 days to implead additional defendants.
Extensions are possible but limited. Parties can agree to extend a deadline by up to 30 days through a written agreement. Anything beyond that requires the court's approval and the plaintiff's consent. Once 12 months have passed since the defendant filed their answer, any further extension requires court approval and plaintiff consent regardless of prior extensions.
Perhaps most importantly, the new law creates a hard cutoff. Once a plaintiff files a Note of Issue (the document that tells the court a case is ready for trial), no more third-party actions are allowed. If someone tries to file one after that point, it will be severed from the main case or dismissed without prejudice, meaning it would have to be pursued as a separate lawsuit. The law specifically prohibits motions to consolidate these late-filed actions back into the main case.
Does the AVOID Act Apply to Cases Against Employers?
One significant exception exists for cases involving workers' employers, which is particularly important in construction accident cases.
Under New York's Workers' Compensation Law, employees generally can't sue their employers for workplace injuries. The exception is when the worker suffers a "grave injury" as defined in Section 11 of the Workers' Compensation Law. These are serious injuries such as death, permanent and total loss of use of a body part, serious facial disfigurement, loss of multiple fingers or toes, or paraplegia or quadriplegia.
The AVOID Act recognizes that defendants might not know immediately whether an injury qualifies as grave or who the injured person's employer actually was. The law allows defendants to implead an employer within 120 days of either learning the employer's identity or determining that the injury qualifies as grave, whichever comes later.
However, this exception isn't unlimited. If the defendant misses even this extended deadline, they can still implead the employer but only with consent from both the plaintiff and the court. This ensures that the employer exception doesn't become another avenue for delay tactics.
When Does the AVOID Act Take Effect?
The AVOID Act becomes effective on April 18, 2026, and applies to both new cases filed on or after that date and cases already pending in court as of that date.
There's an important exception for third-party actions that were already filed before the law was signed on December 19, 2025. Those existing third-party actions aren't affected by the new deadlines. The law only applies to third-party actions filed after it takes effect.
This means if you have a personal injury case pending right now, the new rules will apply to any future attempts to bring in third parties, but any third-party defendants already in the case will remain.
How Will This Change Personal Injury Cases in New York?
The practical effects of the AVOID Act will likely reshape how personal injury cases, particularly construction accident cases, are handled from the very beginning.
Defendants will need to investigate potential third-party claims immediately rather than waiting to see how the case develops. This means identifying all potentially liable parties, reviewing insurance policies and contracts, and determining contribution or indemnification rights right from the start. Some defendants will likely adopt a "blanket impleader" approach, bringing in every possible third party within the 60-day window just to preserve their rights.
This could lead to an initial increase in the number of parties involved in cases early on. However, this isn't necessarily bad for injured plaintiffs. Having all the potentially responsible parties at the table from the beginning can actually speed up the overall process and lead to more comprehensive settlements.
Defense attorneys who are unprepared or who don't act quickly enough will lose their impleader rights entirely. If they miss the deadline, they'll have to pursue their contribution or indemnification claims in a separate lawsuit, without the benefit of the shared discovery from the main case. This creates a strong incentive for defendants to take cases seriously from day one rather than adopting a wait-and-see approach.
For plaintiffs, the most significant benefit is that cases should move faster. Without the ability to delay by bringing in new parties late in the process, defendants lose one of their primary tools for dragging cases out. This should lead to quicker resolutions, whether through settlement or trial.
The construction industry in particular will feel these changes. Construction cases often involve complex chains of contracts between owners, general contractors, subcontractors, and sub-subcontractors. Each layer of contracts creates potential indemnification obligations. Under the old rules, defendants could wait to see how liability was shaping up before deciding who to bring in. Now they'll need to have detailed records of every contractor and subcontractor on a project ready to go from the moment a lawsuit is filed.
What About Claims That Aren't Ripe Yet?
One wrinkle in the new law involves claims that aren't legally "ripe" at the time of the deadline.
Under New York law, certain claims for contractual indemnification aren't considered ripe until the party seeking indemnity has actually paid something on the underlying claim. This created a problem: how can a defendant be required to file a third-party claim within 60 days when that claim isn't even legally ready to be filed yet?
The AVOID Act addresses this by tying the deadline to when the defendant "becomes aware" of the third party's potential liability for non-contractual claims. For contractual claims, the 60-day clock starts running from the answer to the main complaint regardless of ripeness.
This will likely lead to more motion practice early in cases. Defendants may file third-party complaints to meet the deadline, and third-party defendants may move to dismiss those claims as premature under the ripeness doctrine established in cases like McDermott v. City of New York. Courts will need to balance the new statute's deadlines against existing ripeness requirements.
A practical solution may be that defendants file protective third-party complaints to preserve their rights, even if those claims aren't fully ready to proceed. Third-party defendants might then stipulate to stay their portion of the case until the claims ripen, or courts might allow conditional impleader that becomes active once ripeness requirements are met.
Can You Sue Multiple Parties From the Start?
As a plaintiff, you're not limited by the AVOID Act's deadlines. You can sue as many parties as you believe are responsible for your injuries right from the beginning.
In fact, the AVOID Act might make it even more important to carefully identify all potential defendants before filing your lawsuit. If you leave someone out, the defendants you do sue might not be able to bring that party in later if they miss the tight deadlines.
Working with an experienced personal injury attorney becomes even more critical under the new law. A thorough investigation before filing can identify all potentially liable parties, ensuring that everyone who should be held accountable is included in the case from day one. This prevents defendants from later claiming they would have impleaded someone you left out, and it ensures you have the best chance of full recovery for your injuries.
What Happens If a Defendant Misses the Deadline?
If a defendant fails to file a third-party action within the time limits set by the AVOID Act, they lose the right to implead that party in the existing case.
This doesn't mean they lose the right to seek contribution or indemnification entirely. They can still file a separate lawsuit against the third party. However, that separate case won't benefit from the discovery already conducted in the main personal injury case. The defendant will have to conduct separate depositions, serve separate discovery demands, and essentially start from scratch.
Additionally, the separate case won't be tried together with the main case. This creates significant practical problems for defendants. They might face inconsistent verdicts between the two cases, incur additional legal fees for pursuing two separate lawsuits, and lose the leverage that comes from having all parties negotiating together toward a global settlement.
These consequences create a powerful incentive for defendants to comply with the deadlines. Missing them isn't just a minor procedural hiccup but a potentially costly strategic failure.
How Does This Affect Settlement Negotiations?
The AVOID Act should significantly change the dynamics of settlement negotiations in personal injury cases.
Under the old system, defendants could drag cases out by threatening to implead additional parties late in the process. This created uncertainty for plaintiffs about how long the case would take and put pressure on them to accept lower settlement offers just to end the ordeal.
With the new deadlines, all the parties should be identified and involved relatively early in the case. This means settlement negotiations can involve everyone with potential liability from the start. Insurance companies will need to evaluate cases and set reserves earlier. Multiple defendants and their insurers can work together toward a global settlement that resolves everyone's exposure at once.
This should benefit injured plaintiffs by creating more pressure on defendants to settle. When all the potentially responsible parties are at the table together, there's less ability for any one defendant to point fingers at absent parties or claim they need more time to investigate. The case can move toward resolution more quickly, and plaintiffs can receive compensation sooner.
However, plaintiffs should also be prepared for more aggressive early defense tactics. With tight deadlines to meet, defendants will push for faster discovery, earlier depositions, and quicker exchange of information. Having experienced legal representation becomes even more important to ensure your rights are protected while the case moves forward on an accelerated timeline.
What Should You Do If You're Injured in an Accident Now?
If you're injured in an accident after April 18, 2026, when the AVOID Act takes effect, the new law works in your favor by preventing defendants from using delay tactics.
The most important thing you can do is consult with a personal injury attorney as soon as possible after your accident. An attorney can investigate your case thoroughly, identify all potentially liable parties, and file a complaint that includes everyone who should be held responsible.
Gathering evidence early is critical. Take photos of the accident scene if you're able. Get contact information for any witnesses. Keep all medical records and bills related to your injuries. Document how your injuries have affected your ability to work and your daily life. The sooner you provide this information to your attorney, the sooner they can build a strong case.
Don't wait too long to take action. New York has statutes of limitations that set deadlines for filing personal injury lawsuits. For most personal injury cases, you have three years from the date of the accident to file. For medical malpractice cases, the deadline is generally two and a half years from the date of the alleged malpractice. Missing these deadlines means losing your right to sue entirely, regardless of how strong your case might be.
If you're already involved in a personal injury case that's pending when the AVOID Act takes effect, talk to your attorney about how the new law might affect your case. Any attempts by defendants to bring in new parties after April 18, 2026, will be subject to the new strict deadlines, which should work to your advantage.
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Summing It Up
The AVOID Act represents a significant shift in how personal injury cases, particularly construction accident cases, will proceed in New York. By imposing strict deadlines on when defendants can bring third parties into a lawsuit, the law eliminates one of the most common tactics used to delay cases and pressure injured people into accepting inadequate settlements.
Starting April 18, 2026, defendants will have just 60 days from filing their answer or learning of a third party's potential liability to implead that party. Additional levels of third-party defendants face even tighter deadlines, and no new parties can be added once a case is marked ready for trial. The only significant exception involves employers in cases with grave injuries, and even that exception has limits.
For people injured in accidents, this change should mean faster case resolution, more pressure on defendants to settle fairly, and less opportunity for procedural games that drag cases out for years. However, it also means defendants will act more aggressively early in cases, making it even more important to have experienced legal representation from the start.
The law applies to new cases filed on or after the effective date and to pending cases, though third-party actions already filed before December 19, 2025, are grandfathered in. If you're involved in a personal injury case or have been recently injured, understanding how the AVOID Act affects your situation can help you make informed decisions about your legal options and what to expect as your case moves forward.
