Personal injury in
New York.

• Whiplash
  Santos v. Fiktus
  Appellate Division, Second Department · 2024
  Dismissal reversed; claims reinstated

  After a car crash the defendants won summary judgment on the plaintiff’s claims of serious injury under the 90/180 day category and to his left knee and shoulder.

  whiplash in New York →
• Whiplash
  Petit v. Archer
  Appellate Division, Second Department · 2023
  $3,329,760.76 judgment, affirmed

  In 2013 a passenger on a New York City Transit Authority bus injured the cervical and lumbar regions of her spine.

  whiplash in New York →
• Back & spine
  Eastman v. Nash
  Appellate Division, Second Department · 2017
  $200,000 verdict, affirmed

  Elizabeth Eastman, a passenger in an ambulette that collided with another car, had range of motion deficits up to 50%, and her neurologist read the post accident MRI as showing an accident caused L4-5 herniation with no major prior condition.

  back & spine in New York →
• Back & spine
  Mast v. DeSimone
  Appellate Division, Fourth Department · 2019
  Zero future damages set aside; new trial on those items

  A 30 year old woman had an L5-S1 disc herniation after a crash that required a discectomy and lumbar fusion, and both sides’ experts agreed the crash caused the lumbar injury.

  back & spine in New York →
• Head & brain
  Bianco v. Sherwin
  Appellate Division, Second Department · 2018
  $1,750,000 verdict, affirmed

  An infant sued through his mother, alleging the obstetrician improperly used vacuum extraction during delivery.

  head & brain in New York →
• Fracture
  Hammer v. 1111 Avenue K, Inc.
  Appellate Division, Second Department · 2014
  $270,000 verdict increased to $500,000

  In December 2009 a 25 year old woman fell on the sidewalk in front of the defendant’s building and suffered a dislocated trimalleolar fracture of her right ankle.

  fracture in New York →
• Fracture
  Masmalaj v. New York City Economic Development Corp.
  Appellate Division, Second Department · 2021
  Past pain cut from $2 million to $1 million

  A worker fell five to six feet from a scaffold to a cement floor and won summary judgment on liability under the Labor Law.

  fracture in New York →
• Medical negligence
  Sence v. Atoynatan
  Appellate Division, Second Department · 2016
  About $25 million verdict; past pain cut to $2 million

  Jaelin Sence was born at New York Methodist Hospital in 2007.

  medical negligence in New York →
• Medical negligence
  Lacqua v. Silich
  Appellate Division, Second Department · 2016
  Defense verdict reversed; new trial

  Philip Lacqua’s doctor diagnosed a benign condition that was not urgent in January 2002 and did not suspect cancer or order further tests.

  medical negligence in New York →
• Workplace
  Smith v. City of New York
  Appellate Division, Second Department · 2020
  $1,496,449.80 judgment, affirmed

  A journeyman plumber working on a waste transfer station fell from a ladder onto the deck below and claimed a herniated cervical disc and injuries to his lower back and neck.

  workplace in New York →
• Workplace
  Lahoz-Vargas v. Bop Ne, LLC
  Appellate Division, Second Department · 2025
  Summary judgment on liability denied; affirmed

  A construction worker sought summary judgment under Labor Law § 240(1).

  workplace in New York →

Every United States jurisdiction compared

• What is the statute of limitations for personal injury claims in New York?

  3 years for personal injury; 2 years 6 months for medical malpractice. Source: CPLR § 214, § 214-a. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
• What fault rule applies in New York?

  Pure comparative negligence. Pure comparative negligence under CPLR Article 14-A, except that since 26 May 2026 a claimant in a car crash case under the no-fault law whose fault is greater than the defendants’ recovers nothing (CPLR 1411(b)).
• Are there caps on damages in New York?

  New York does not impose a state-specific statutory cap on the standard heads of damage in personal injury cases. Federal caps and any applicable contractual or governmental immunity limits may still apply.
• Does New York operate a no-fault auto insurance scheme?

  Yes. New York is a no-fault auto insurance jurisdiction. New York operates a no-fault auto scheme with mandatory $50,000 PIP. Tort recovery for non-economic damages requires meeting the serious-injury threshold under Insurance Law § 5102(d), death, dismemberment, significant disfigurement, fracture, loss of fetus, permanent loss of body organ/member/function, permanent consequential limitation, or significant limitation of body function. The former 90/180-day category was removed effective 26 May 2026.
• How are settlements typically valued in New York?

  Practitioners and adjusters in New York value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (pure comparative negligence) and any applicable cap then adjust the gross figure. The absence of state-specific caps means the band is constrained primarily by jury verdict ranges and insurance policy limits.
• Should I hire a New York attorney for a personal injury claim?

  For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. New York's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most New York personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.