States With Caps on Pain & Suffering Damages
New York sets no dollar cap on pain and suffering. The limits are a threshold for car accidents and a narrow cap added in 2026.
No statutory cap
New York has not enacted any cap on personal injury or medical malpractice damages, economic or noneconomic. Punitive damages are subject to constitutional limits rather than a statutory cap.
The serious injury rule for car accidents
In a car accident case, pain and suffering requires a serious injury under Insurance Law 5102(d). The 2026 reform, S9008-C Part EE, eliminated the 90/180-day category, leaving death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use, permanent consequential limitation and significant limitation of use.
A fault bar for car accidents only
New CPLR 1411(b) bars recovery in personal injury actions subject to Insurance Law Article 51 if the claimant's fault is greater than the defendant's or the combined defendants' fault. New York remains pure comparative outside that carve-out.
A narrow $100,000 cap
Insurance Law 5104(d) caps noneconomic loss at $100,000, other than in death cases, where the injured person was at fault and was driving uninsured, was convicted of impaired driving, or was convicted of a felony committed while driving. Economic damages are not capped.
Effective date
The reform applies to actions and proceedings commenced on or after May 26, 2026. The joint and several liability change that was discussed during the session did not pass.
A local personal injury attorney can review your claim — many offer a free consultation.
Official sources
- N.Y. CPLR § 1601 — limited liability of persons jointly liable
- N.Y. CPLR § 1411 — damages not barred by culpable conduct
- N.Y. CPLR § 214 — three-year actions
This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New York's rules apply to your specific case with a licensed New York attorney.