Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine a back injury settlement amount in New York?
NY courts and insurers weigh the severity and permanence of the injury, total medical costs, lost income, and degree of the defendant’s fault. Comparative negligence rules under CPLR §1411 can reduce your award if you were partly at fault, so thorough documentation of both your injury and the accident scene is critical.
How long do I have to file a back injury lawsuit in New York?
Under CPLR §214, most NY personal injury claims—including back injuries from car accidents, slip-and-falls, and workplace incidents—must be filed within three years of the date of injury. Claims against government entities carry a much shorter 90-day notice-of-claim deadline, so consult an attorney immediately after any serious back injury.
What types of damages can I recover in a NY back injury lawsuit?
Recoverable damages in New York include past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, and loss of enjoyment of life. Punitive damages are rarely awarded in personal injury cases but may apply where the defendant’s conduct was especially reckless or intentional.
What should I do immediately after suffering a back injury to protect my claim?
Seek medical attention right away and follow all treatment plans—gaps in care give insurers grounds to argue the injury is not serious or was pre-existing. Document the accident with photographs, witness contact information, and an incident report where applicable. Keep records of every medical visit, prescription, and day of missed work, and consult a NY personal injury attorney before speaking with any insurance adjuster.