How Much Do You Get for a Back Injury Claim in NY?

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 generally follows pure comparative fault under CPLR §1411(a), so your award is reduced by your percentage of fault. Car and other motor vehicle accident lawsuits filed on or after May 26, 2026 are different: under CPLR §1411(b), you recover nothing if your share of fault is greater than the defendants’.

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.

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 and permanent consequential limitation among them. The former 90/180-day category was removed for lawsuits filed on or after May 26, 2026.

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.