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★ New York · head & brain

Head & brain settlements
in New York.

By Reviewed by Abd Shanti, Founder9 min read

New York juries have no cap on brain injury damages. A baby hurt during a vacuum assisted delivery, left with permanent neurocognitive deficits, kept a $1.75 million verdict on appeal.

Facts that decide a head & brain claim in New York

Expert proofExpert testimony that the manner of a procedure caused a brain injury is legally sufficient to support a verdict.Bianco v. Sherwin (2d Dept 2018)
Deadline to sueThree years for “an action to recover damages for a personal injury,” with exceptions for some claims.CPLR 214(5)
Fault rulePure comparative fault: your culpable conduct “shall not bar recovery” but reduces damages. Since 26 May 2026, in car crash suits under the no fault law, a claimant whose culpable conduct is greater than the defendants’ recovers nothing.CPLR 1411(a) and (b); NYSBA Law Digest, August 2026
Seat belt useAffects damages only, never liability, and the defense must plead it.Veh. & Traf. Law § 1229-c(8), in the MyClaimWorth seat belt chart
united states · sister site
Your head & brain claim in New York. See the number for your own case.

FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

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★ NY · reported head & brain outcomes

What New York courts have awarded.

Real New York decisions and verdicts, each linked to the court record or official report.

  • 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. He was born with head injuries, including bleeding between the scalp and skull, and an abnormal neurological exam, and experts said the procedure caused a brain injury with permanent neurocognitive deficits. The jury found for him, the trial court refused to set the verdict aside, and the Second Department affirmed the $1,750,000 judgment.

★ NY · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in New York.

  1. 1

    Birth records tell the story. The scalp bleeding and abnormal neurological exam at birth supported the experts’ link between the vacuum extraction and the injury.

  2. 2

    Children’s brain injuries are valued over a lifetime. Neurocognitive deficits affect schooling and work, which experts must translate into future losses.

  3. 3

    No statutory cap applies in New York, so the jury’s figure stands unless it deviates from reasonable compensation.

  4. 4

    The defense can move to set aside a verdict both for liability and for amount. In Bianco the obstetrician sought judgment as a matter of law or a reduction, and both requests failed.

  5. 5

    Guardians sue for children. The infant in Bianco sued through his mother and natural guardian, which is the usual route for birth injury claims.

★ NY · statute of limitations
3 years for personal injury; 2 years 6 months for medical malpractice

CPLR § 214, § 214-a

★ NY · fault rule
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)).

★ head & brain · same region & fault regime

Compare to like jurisdictions.

How New York's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
New York · you are herePure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice—
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · head & brain →
Rhode IslandPure comparative negligence3 years from date of injuryRI · head & brain →
VermontModified comparative, 51% bar3 years from date of injuryVT · head & brain →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · head & brain →
DelawareModified comparative, 51% bar2 years from date of injuryDE · head & brain →
District of ColumbiaPure contributory negligence3 years from date of injuryDC · head & brain →
WashingtonPure comparative negligence3 years from date of injuryWA · head & brain →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · head & brain →
ArizonaPure comparative negligence2 years from date of injuryAZ · head & brain →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · head & brain →
★ NY · head & brain · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Hurt in a car crash in New York? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

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Sources

Checked 2026-09-29.

★ all of NY
New York overview

Fault rule, statute, caps, and key facts for New York as a whole.

★ national frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in New York. See /methodology, /sources, and /disclaimer.