How this estimate is built
Your medical expenses and lost wages are your economic damages. We apply the multiplier method, the industry-standard approach, to estimate noneconomic damages — then apply the fault rule that actually governs your type of claim.
Pure comparative fault, still the rule for most claims
Under CPLR 1411(a), New York's long-standing pure comparative negligence rule still governs premises liability, products liability, construction accidents, medical malpractice, and every other personal injury claim that isn't a motor vehicle case. Your own fault reduces your damages in direct proportion to your percentage of fault, but never bars recovery entirely — even at 90% fault, you still recover the remaining 10%.
A genuinely new rule for car accidents, since May 2026
That changed for motor vehicle claims. A new CPLR 1411(b), enacted as part of the 2026 state budget and effective for actions commenced on or after May 26, 2026, bars recovery in a motor vehicle personal injury case once the claimant's fault exceeds the defendant's — ending five decades of pure comparative negligence for this one category of claim. The rule applies based on when the lawsuit is filed, not when the accident happened, so even an older accident can fall under the new rule if the case is filed after that date.
A narrow $100,000 cap for specific at-fault drivers
A separate, genuinely narrow provision, Insurance Law § 5104(d), caps noneconomic damages at $100,000 — but only for an at-fault motor vehicle claimant (not already barred under the new rule) who was also operating an uninsured vehicle, convicted of impaired driving, or convicted of a felony committed while driving. This cap doesn't apply to death cases, and it doesn't touch ordinary claimants who weren't in one of these specific categories.