Personal Injury Statistics in New York
Understanding personal injury statistics in New York helps you benchmark your case value, understand the legal environment, and set realistic expectations for your claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
$25,000 – $120,000
Average Settlement Range
Varies widely by injury severity and case type
Pure comparative fault
Fault System
Directly affects how damages are calculated
3 years
Statute of Limitations
Time to file from date of injury
No-Fault (PIP)
Auto Insurance System
Own insurer pays initial medical bills
New York Injury Cases — By the Numbers
195,000 cases/yr
PI Cases Filed Annually
$71,000
Average Settlement
$43,000
Median Settlement
49%
Plaintiff Trial Win Rate
21 mo
Avg. Time to Settle
Slip and Fall
Top Injury Type
22 mo
Civil Court Backlog
33%
Avg. Contingency Fee
Key Facts About New York Injury Law
New York is a no-fault auto insurance state under Insurance Law § 5102, requiring all drivers to carry basic personal injury protection (PIP) of at least $50,000 per person, which pays medical expenses and 80% of lost earnings regardless of fault.
New York uses pure comparative negligence under CPLR § 1411 — injured victims can recover compensation even if predominantly at fault, with damages simply reduced by the plaintiff's assigned percentage of fault, regardless of how high that percentage is.
Personal injury lawsuits must be filed within 3 years under N.Y. C.P.L.R. § 214; however, claims against New York City require a Notice of Claim within 90 days and carry a separate 1-year-and-90-day limitation period under General Municipal Law § 50-i.
New York Personal Injury Law Overview
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.