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New York Pain & Suffering Calculator

New York does not cap pain and suffering. In car accident cases, you must show a serious injury, the 90/180-day category is gone, and since 2026 you can be barred if your fault is greater than the defendants'. Elsewhere, pure comparative fault applies.

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By the FigureMyTax Editorial Team · How we calculate

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Enter your economic damages, pick severity, the type of claim, and the fault split.

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No cap, but a rule for car accidents

New York has not enacted any cap on medical malpractice damages or on pain and suffering in ordinary personal injury cases. In a car accident case the question is the serious injury threshold in Insurance Law 5102(d), which the 2026 reform narrowed by eliminating the 90/180-day category.

The reform also added a fault bar for car accident actions in CPLR 1411(b) and a narrow $100,000 noneconomic cap for specified at-fault drivers. Outside car accidents, pure comparative fault and Article 16's several liability for noneconomic loss continue to apply.

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Official sources

Go deeper

States With Caps on Pain & Suffering DamagesNo cap, with rules for car accidents Severity and the Pain & Suffering MultiplierWhy the threshold matters more than the multiplier Pain & Suffering: Med-Mal vs. Ordinary InjuryNo cap on either, and 2.5 versus 3 years

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Wrongful Death Damages CalculatorPecuniary loss only, plus a survival claim Dog Bite Liability CalculatorStrict for medical costs only

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited New York statutes. Confirm how these rules apply to your specific case with a licensed New York attorney.