New York Personal Injury Settlement Calculator
Get a rough estimate of what a New York personal injury or dog-bite claim might be worth, based on your medical bills and losses. This is an estimate to understand the factors — not a prediction or an offer.
This is a rough estimate, not a prediction or an offer.
There is no formula that predicts a settlement. This tool uses the common "multiplier method" to show the factors that drive value and a wide range — actual outcomes depend on the facts, insurance limits, the venue, and negotiation. Consult a New York personal-injury attorney about your case.
Enter your medical bills and losses to see an estimated range
The multiplier method (pain-and-suffering as a multiple of your medical bills) is a common starting point, not a guarantee. Most personal-injury cases settle out of court; most attorneys work on a contingency fee (commonly around a third, but the rate is set by your agreement and some states regulate or cap it), and an attorney is the only way to value your specific claim. This tool is not legal advice and RecordingLaw.com is not a law firm.
How the Estimate Works
No tool can predict a settlement — every case is different and the number depends on the facts, the available insurance, the venue, and negotiation. What this calculator does is apply the multiplier method, the rough starting point insurers and attorneys use: it adds up your economic damages (medical bills, lost wages, property damage), then estimates pain and suffering as a multiple of those damages (about 1.5× for minor injuries up to 5× or more for catastrophic ones), and shows a wide range. It is a way to understand value, not a guarantee.
It then applies New York's fault rule, because how fault is shared directly changes what you can recover.
New York's Fault Rule: pure comparative negligence
CPLR 1411(a) adopts pure comparative fault: a plaintiff's culpable conduct (including contributory negligence and assumption of risk) never bars recovery; damages are simply reduced in proportion to the plaintiff's share of fault, so a 99%-at-fault plaintiff can still recover 1%. NOTE the one carve-out in CPLR 1411(b) (Insurance Law Article 51): for motor-vehicle no-fault "serious injury" actions, a plaintiff who is MORE at fault than the defendant(s) is barred — but for general (non-auto) personal injury the pure-comparative rule governs. Estimator should treat NY as pure-comparative.
Damage Caps in New York
No cap on general personal-injury damages in New York (no statutory cap on either economic or non-economic compensatory damages, including no med-mal cap). Punitive damages are uncapped by statute but require a high showing (gross/wanton recklessness or near-criminal conduct) and are rarely awarded in ordinary negligence. Note the auto no-fault threshold: most car-accident plaintiffs must clear the Insurance Law § 5102(d) "serious injury" threshold before recovering pain-and-suffering damages.
Dog-Bite Liability in New York
Mixed/dual-path as of Flanders v. Goodfellow, 2025 NY Slip Op 02261 (N.Y. Ct. App. Apr. 17, 2025). (1) Strict liability where the owner knew or should have known of the dog's "vicious propensities" (the classic "one-bite"-type knowledge rule — but prior bites are NOT required; growling, snarling, snapping, or lunging can establish a propensity). (2) Flanders OVERRULED Bard v. Jahnke (2006) and now ALSO permits ordinary negligence claims for failure to use reasonable care, even absent any vicious propensity. Separately, Agriculture & Markets Law § 123(10) imposes narrow strict liability for medical/veterinary costs when a dog has been adjudicated "dangerous."
Note for dog-bite claims: in New York the strict-liability track may cover only certain damages, so the pain-and-suffering figure the estimator shows might require separately proving negligence. Read the underlying dog bite laws by state.
Deadline to File a Claim in New York
New York generally requires a personal-injury lawsuit to be filed within 3 years of the injury (the statute of limitations). Standard personal-injury suits must be filed within 3 years of the injury (CPLR 214(5)). Medical malpractice has a shorter 2.5-year deadline, and claims against municipalities require a 90-day notice of claim with a 1-year-and-90-day deadline. Miss it and your claim is usually barred no matter how strong it is, so do not wait to talk to an attorney.
- New York is a PURE comparative-fault state under CPLR 1411(a) — even a plaintiff mostly at fault recovers their non-fault percentage; fault only reduces, never eliminates, the award (subject to the auto no-fault carve-out in CPLR 1411(b)).
- Standard personal-injury suits (car accidents, slip-and-fall, dog bites, negligent security) must be filed within 3 years of the injury under CPLR 214(5).
- Medical malpractice has a shorter 2.5-year (2 years 6 months) deadline under CPLR 214-a, measured from the act or the end of continuous treatment; wrongful death is 2 years under EPTL 5-4.1.
- Dog-bite liability is now dual-path after Flanders v. Goodfellow (Apr. 2025): strict liability if the owner knew/should have known of vicious propensities, PLUS ordinary negligence (Flanders overruled the old Bard v. Jahnke bar on negligence claims).
- No statutory cap on compensatory damages, including no medical-malpractice cap; claims against state/municipal entities require a 90-day notice of claim and have shortened deadlines (e.g., 1 year 90 days against municipalities).
Frequently Asked Questions
How much is my New York injury claim worth?
No one can tell you a number in advance. A rough estimate adds your economic damages (medical bills, lost wages) and applies a pain-and-suffering multiplier, then adjusts for fault under New York's pure comparative negligence rule. The real value depends on the facts, the insurance available, and negotiation — an attorney is the only way to value your specific case.
Does my own fault reduce my New York settlement?
Yes. CPLR 1411(a) adopts pure comparative fault: a plaintiff's culpable conduct (including contributory negligence and assumption of risk) never bars recovery; damages are simply reduced in proportion to the plaintiff's share of fault, so a 99%-at-fault plaintiff can still recover 1%. NOTE the one carve-out in CPLR 1411(b) (Insurance Law Article 51): for motor-vehicle no-fault "serious injury" actions, a plaintiff who is MORE at fault than the defendant(s) is barred — but for general (non-auto) personal injury the pure-comparative rule governs. Estimator should treat NY as pure-comparative.
How long do I have to file in New York?
Generally 3 years from the injury. Standard personal-injury suits must be filed within 3 years of the injury (CPLR 214(5)). Medical malpractice has a shorter 2.5-year deadline, and claims against municipalities require a 90-day notice of claim with a 1-year-and-90-day deadline.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value — not a prediction or an offer. Real settlements vary enormously. Treat any number here as a ballpark and consult a New York personal-injury attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. The value of a personal-injury claim can only be assessed by a licensed attorney reviewing your specific facts.