Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine how much compensation I can get for a back injury in NY?
NY courts weigh the severity of the injury (herniated disc, spinal fracture, nerve damage), total medical expenses, lost wages, and how the injury affects your daily life and long-term ability to work. Under New York's pure comparative negligence rule, your award is reduced by your percentage of fault, but you can still recover even if you were partially responsible.
What types of damages can I recover for a back injury lawsuit in New York?
In a NY personal injury claim you can seek economic damages — medical bills, lost income, and future care costs — as well as non-economic damages such as pain and suffering and loss of enjoyment of life. For catastrophic injuries like permanent spinal cord damage, future damages can be substantial. Punitive damages are rarely awarded in NY but may apply in cases of extreme recklessness.
How long do I have to file a back injury lawsuit in New York?
New York's statute of limitations for personal injury is three years from the date of the injury under CPLR §214. Claims against government entities — such as a city bus or a municipal property hazard — require a Notice of Claim filed within 90 days. Missing either deadline typically bars your case entirely, so consulting an attorney as soon as possible is critical.
Do I need to prove my back injury was serious to recover pain-and-suffering damages from a car accident in NY?
Yes. New York's no-fault insurance law requires you to meet the 'serious injury' threshold under Insurance Law §5102(d) to sue an at-fault driver for pain and suffering. Qualifying categories include significant limitation of a body function, permanent consequential limitation, or 90 days of disability within 180 days post-accident. Back injuries that do not meet this threshold are still covered by no-fault PIP benefits for medical bills and lost wages.