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
New York's courts have shaped American tort law through numerous influential decisions. Palsgraf v. Long Island Railroad Co. (1928) remains one of the most famous torts cases ever decided, establishing the concept of proximate cause and foreseeability in negligence law. Every law student studies this landmark case.
The case of Dillon v. Legg (1968), though decided in California, was heavily influenced by New York precedents on emotional distress claims. New York itself has recognized "bystander" emotional distress claims in limited circumstances, reflecting evolving standards in personal injury law.
New York has seen massive verdicts in construction accident cases under Labor Law § 240, the "Scaffold Law." This strict liability statute makes property owners and contractors absolutely liable for gravity-related injuries, leading to verdicts often exceeding $10 million for serious falls. A 2019 case resulted in a $55 million verdict for a construction worker's spinal injury.
Medical malpractice cases in New York have produced substantial verdicts, with birth injury cases regularly exceeding $20-30 million in major metropolitan areas. New York City juries are known for significant awards in wrongful death and catastrophic injury cases.
New York personal injury cases are filed in Supreme Court (despite its name, this is the trial-level court). The state has 62 counties with Supreme Courts, with New York County (Manhattan) being particularly busy for civil litigation. Claims under $25,000 may be filed in lower courts.
New York follows the Commercial Division Rules for complex cases, offering expedited procedures and experienced judges. Regular civil cases follow Part 202 of the Uniform Rules. Discovery is governed by the CPLR (Civil Practice Law and Rules) and typically includes interrogatories, depositions, and document requests.
The state requires a Certificate of Merit in medical malpractice cases, attesting that counsel has consulted with a qualified physician who believes the case has merit. This requirement helps screen frivolous claims while allowing legitimate cases to proceed.
New York courts use Preliminary Conferences to set discovery schedules and Compliance Conferences to ensure progress. Many courts require mediation or arbitration attempts before trial. Note of Issue must be filed when discovery is complete, placing the case on the trial calendar. Trial times vary significantly—Manhattan cases may wait 2-4 years, while some upstate counties are faster.
New York attorneys are licensed through the New York State Bar and must maintain ongoing CLE requirements. For personal injury cases, look for attorneys admitted to practice in the appropriate department (New York has four Appellate Divisions) covering where your case will be filed.
The New York State Trial Lawyers Association (NYSTLA) is the premier organization for plaintiff attorneys. Members typically have strong trial experience and access to resources including verdict research and expert networks. Ask potential attorneys about their trial experience in your case type.
If you were injured at a construction site, ensure your attorney understands Labor Law § 240 and § 241, which provide enhanced protections for workers. These statutory claims are unique to New York and can significantly increase recovery in gravity-related injury cases.
New York's diverse population means attorneys are available who speak virtually any language. In New York City, many firms offer services in Spanish, Chinese, Russian, Korean, and other languages. Contingency fees are standard, typically 33% of recovery, regulated by court rules for medical malpractice and certain other case types.
New York's statute of limitations for personal injury cases is 3 years from the date of injury under CPLR § 214. This applies to most negligence claims including car accidents, slip and falls, and general personal injury cases.
Medical malpractice claims have a 2.5-year statute of limitations under CPLR § 214-a, measured from the act of malpractice or the end of continuous treatment by the same provider. The "continuous treatment doctrine" can extend the deadline when you continued seeing the same doctor for the same condition.
Claims against New York municipalities require a Notice of Claim within 90 days of the incident. This is a strictly enforced deadline, and late notices are rarely accepted. For state agencies, a 90-day notice is also required. Minors have until 90 days after turning 18 to file a Notice of Claim, with the lawsuit deadline extended accordingly.
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.