Pure Comparative Negligence
New York follows pure comparative negligence under CPLR §1411, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
New York follows pure comparative negligence under CPLR §1411, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. No bar to recovery regardless of fault percentage.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. Even at 99% fault, plaintiff can recover 1% of damages.
New York does not impose caps on compensatory damages
$0
Based on reported cases in New York
8,457
Personal injury lawsuits per year
This calculator provides estimates only and is not legal advice. Laws in New York are complex and individual case results vary. Consult a licensed New York attorney for advice specific to your case.