New York Personal Injury Laws
New York uses pure comparative fault, allowing plaintiffs to recover even if they bear a majority of the fault. The state has no cap on non-economic damages in personal injury or medical malpractice cases and consistently produces some of the highest verdicts in the nation. New York City's dense population and extensive public spaces generate enormous numbers of slip-and-fall, construction, and automobile accident claims each year.
Statute of Limitations
3 years
Fault Rule
Pure Comparative Fault
Non-Economic Damages Cap
No Cap
Fault Rule: Pure Comparative Fault
You can recover damages even if you are 99% at fault, but your award is reduced by your percentage of fault.
Average Settlement Amounts in New York
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in New York.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $30,000 |
| Slip and Fall | $35,000 |
| Dog Bite | $48,000 |
Key New York Personal Injury Statutes
- •N.Y. C.P.L.R. § 214 (statute of limitations)
- •N.Y. C.P.L.R. § 1411 (pure comparative fault)
- •N.Y. Gen. Mun. Law § 50-e (notice of claim for municipal defendants)
Damage Caps in New York
New York does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
New York does not have a specific medical malpractice damages cap.
Injury Claims in New York
Learn more about specific injury types and how New York law applies to each.
Major Cities in New York
Personal injury attorneys in New York serve clients in New York City, Buffalo, Rochester, Yonkers, Syracuse, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.