Future Damages in New York
In New York, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Pure comparative fault
Fault System
3 years
Filing Deadline
No-Fault
Auto System
Types of Future Damages in New York
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
New York allows recovery of future non-economic damages under pure comparative fault — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
New York Injury Law
New York combines mandatory no-fault PIP insurance with a pure comparative fault system for tort claims that exceed the no-fault threshold. To sue for pain and suffering in an auto accident, the injury must meet a "serious injury" threshold defined in Insurance Law § 5102(d). For non-auto personal injury cases, New York's pure comparative fault allows recovery regardless of plaintiff fault percentage. The statute of limitations is 3 years, with special rules for government claims. New York courts — particularly in the five New York City boroughs — produce among the highest personal injury verdicts in the country. New York has no general cap on compensatory damages. The New York City Transit Authority and other public entities have specific notice of claim requirements. Medical malpractice claims have a 2.5-year statute of limitations under CPLR § 214-a. The Labor Law §§ 200, 240, and 241 create significant liability for construction site injuries, with § 240 (the "Scaffold Law") imposing absolute liability on property owners and contractors for gravity-related injuries.