Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine the value of a back injury claim in New York?
New York courts weigh medical costs, lost wages, and long-term disability when valuing back injury claims. Pain and suffering damages under NY law are calculated separately and can significantly increase total compensation. The degree of fault assigned to each party under NY pure comparative negligence rules also directly reduces your recovery.
What is the statute of limitations for a back injury lawsuit in New York?
Under CPLR §214, you generally have three years from the date of injury to file a personal injury lawsuit in New York. Missing this deadline typically bars your claim entirely, so consulting an attorney as soon as possible after your injury is critical. Exceptions may apply for injuries caused by government entities, which carry much shorter notice deadlines.
Does a herniated disc or spinal surgery increase my back injury settlement in NY?
Yes. Injuries requiring spinal surgery, including herniated disc repairs or spinal fusions, typically produce significantly higher settlement values in New York because they involve greater medical costs, longer recovery, and documented permanent impairment. NY law allows recovery for future medical expenses and loss of earning capacity, both of which are elevated when surgery is involved.
Can I still recover compensation if I was partly at fault for my back injury in New York?
Yes. New York follows a pure comparative negligence rule, meaning you can recover damages even if you were 99% at fault, though your award is reduced by your percentage of fault. For example, if you are found 30% responsible, your compensation is reduced by 30%. An attorney can help challenge fault assignments made by insurance adjusters to maximize your recovery.