How are personal injury damages calculated in New York?

Personal injury damages in New York fall into two broad categories: economic damages (things with a dollar figure) and non-economic damages (things that are harder to quantify, like pain and suffering).

Economic Damages

• Past medical expenses: Every bill from the day of the accident through the date of trial — emergency room, surgery, physical therapy, medications, medical equipment
• Future medical expenses: Projected cost of ongoing care, surgeries, or rehabilitation — supported by a life care planner or treating physician's testimony
• Lost wages: Income you could not earn because of your injury, documented by pay stubs, tax returns, and employer verification
• Future lost earnings: If your injury permanently limits your ability to work, an economist calculates the present value of future income loss

Non-Economic Damages

• Pain and suffering — past and future physical pain
• Emotional distress — anxiety, depression, PTSD linked to the accident
• Loss of enjoyment of life — inability to participate in activities you previously enjoyed
• Loss of consortium — impact on your relationship with your spouse

No Damage Caps in Most NY PI Cases

Unlike many states, New York does not cap pain and suffering damages in most personal injury cases. Medical malpractice cases are subject to different rules. Under Insurance Law §5104, basic economic loss already paid by no-fault cannot be recovered again in a third-party lawsuit.

New York's pure comparative negligence rule under CPLR §1411 will reduce your award by your percentage of fault. Three-year deadline to file under CPLR 214. No fee unless we win.