Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine how much you get for a back injury claim in New York?
The value of a NY back injury claim depends on the severity and permanence of the injury, the cost of past and future medical treatment, lost wages and reduced earning capacity, and pain and suffering. New York follows a pure comparative negligence rule (CPLR §14-A), meaning your compensation is reduced by your percentage of fault—but you can still recover even if you are mostly at fault.
Is there a time limit to file a back injury lawsuit in New York?
Yes. Under CPLR §214, you generally have three years from the date of the accident to file a personal injury lawsuit in New York. Exceptions apply—for example, claims against a city or government entity require a Notice of Claim within 90 days and a shorter filing window. Missing these deadlines typically bars your claim entirely, so act promptly.
Does the type of back injury affect what I can recover in a New York claim?
Absolutely. Herniated or bulging discs, fractured vertebrae, and spinal cord injuries are generally worth more than soft-tissue strains because they often require surgery, extended rehabilitation, and can cause permanent limitations. Under New York’s serious injury threshold (Insurance Law §5102), to sue for pain and suffering after a car accident your injury must meet specific criteria—significant limitation of use, permanent consequential limitation, or 90/180-day disability among them.
What evidence should I gather to support my NY back injury claim?
Strong documentation is critical in New York. You should obtain all medical records and imaging (MRI, X-ray), keep a daily pain journal, save proof of lost wages from your employer, photograph the accident scene, and gather witness contact information. Gaps in medical treatment are used by insurance adjusters to minimize your payout, so seek care immediately and follow your doctor’s treatment plan consistently.