New York Personal Injury Lawsuits: Settlement Amounts, Verdicts, & Key Laws

According to a study on jury verdicts, the median compensatory damages award for personal injury trials in New York is $287,628. This median award dwarfs the nationwide median of $34,550.

That is obviously very high compared to most jurisdictions.  Why? First, New York has favorable juries, particularly in its urban areas. But the reality is that New York’s no-fault law also distorts this number. Under New York’s no-fault system, drivers, passengers, pedestrians, and cyclists can usually recover up to $50,000 in basic economic loss from no-fault insurance, regardless of who caused the crash. These benefits can cover medical expenses, lost earnings, and certain other economic losses, but they do not compensate victims for pain and suffering.

That means many smaller car accident claims never become personal injury lawsuits. To recover pain and suffering damages after a New York car accident, the injured person usually must prove a serious injury under New York Insurance Law Section 5102(d). This leads to fewer lawsuits in smaller cases, which increases the average and median award among the cases that actually get tried.

Remember that the typical personal injury settlement or verdict tells you very little about your claim’s expected settlement compensation payout. Settlement amounts for personal injury cases depend on the injury, the medical treatment, the venue, the insurance coverage, the quality of the evidence, the defendant’s conduct, and whether the plaintiff can prove permanent or long-term harm.

New York Personal Injury Settlement Amounts

The first question victims ask our lawyers is about personal injury settlement amounts in New York. They want a number. That is understandable. But the honest answer is that there is no single average settlement for personal injury cases that is useful for every claim. A soft tissue car accident case with three months of physical therapy is not evaluated the same way as a case involving arthroscopic shoulder surgery, spinal fusion, a traumatic brain injury, or a wrongful death claim.  Actually, the average soft tissue car accident case with three months of physical therapy will also have a wide range of different outcomes.

Bodily injury claim settlement amounts are usually driven by the severity and duration of the injury. Insurance adjusters look at medical expenses, lost wages, objective imaging, surgery, permanency, prior medical history, gaps in treatment, comparative fault, and venue. A New York City car accident claim may also be shaped by the serious injury threshold. If the injury does not meet that threshold, the plaintiff may not be able to recover pain and suffering damages in a lawsuit.

A case involving three months of physical therapy can still have settlement value, especially with clear liability and objective injuries. But a three-to six-month physical therapy settlement is usually much lower than a case involving surgery, permanent impairment, or a year of treatment. A 12-month physical therapy settlement will generally be higher. But… only if it tracks with records that make that treatment make sense. Excessive treatment usually costs you in the long run of a personal injury claim.

Our lawyers give you examples cases below. They do not give you a calculator but they are examples.  They show how New York personal injury settlement cases can vary from modest verdicts to massive payouts. The same is true for car accident settlements, medical malpractice settlements in New York, New York State wrongful death settlements, and product liability claims.

New York Car Accident Law

New York has a no fault car insurance statutory scheme for handling many car accident claims. This means, for minor accidents at least, an injured person’s own no fault insurance will pay for medical expenses and lost wages up to the basic economic loss limit, regardless of who was at fault for the accident.

Under New York’s no fault system, basic economic loss generally means up to $50,000 per person for medical expenses, lost earnings, and certain other qualifying losses. This coverage is intended to provide quick and efficient payment for medical expenses and lost wages following a car accident.

This is different from New York’s minimum liability coverage. New York drivers generally must also carry liability insurance, including minimum bodily injury limits and property damage coverage. But those liability limits are not the same thing as no fault benefits. The original version of this page mixed those concepts together, which is an easy mistake to make but one worth correcting.

No fault insurance does not cover pain and suffering. So smaller personal injury car accident lawsuits are not eligible for pain and suffering damages unless the injured party meets New York’s serious injury threshold.

To get pain and suffering damages in a New York car accident, the injured party must prove a serious injury. A serious injury is defined as any of the following:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function or system
• A medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all of the material acts which constituted the person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the injury or impairment

The last three are usually the battlefield in litigation. Insurance companies often argue that a plaintiff’s herniated discs, shoulder tear, knee injury, headaches, or soft tissue injuries are not permanent, are degenerative, or were not caused by the crash. Plaintiffs need medical records, diagnostic imaging, treating doctor testimony, and proof of how the injuries changed their daily lives.

New York Serious Injury Threshold

New York no-fault insurance pays basic economic losses after many car accidents, but pain and suffering damages usually require proof of a serious injury under New York law.

How much you can recover from a car accident claim in New York City depends on whether you meet the serious injury threshold, the available insurance, and the strength of the medical proof. A low impact crash with limited treatment may settle for a modest amount. A crash involving surgery, permanent limitations, lost income, and clear liability can produce a much larger bodily injury settlement.

As we said, the average car accident settlement in New York is not a number that tells you much. Two cases can look similar on paper and settle for very different amounts because of venue, insurance coverage, medical causation, prior injuries, comparative negligence, and the credibility of the plaintiff and treating doctors.

In New York City collision cases involving private defendants, the available insurance often drives settlement strategy. In cases involving the City, the Transit Authority, a sanitation truck, police vehicle, public hospital, school district, or another public entity, the notice of claim deadline can be just as important as the injury itself. A strong case can be lost before it starts if the notice requirement is missed.

Automatic Serious Injury Categories

Clear

Death, dismemberment, significant disfigurement, fracture, and loss of a fetus generally satisfy the serious injury requirement.

These are usually easier to prove than soft tissue claims. Insurance adjusters love things they can see on a radiological test.

Permanent Loss of Use

High Bar

A plaintiff may qualify by proving permanent loss of use of a body organ, member, function, or system.

This usually requires good medical proof. How do you get this proof?  If the case gets this far, you will need an expert who can testify as the extent and scope of your injuries.

Permanent Limitation

Common Fight

Many cases focus on whether the plaintiff suffered a permanent consequential limitation of a body organ or member.

Often argued in disc, shoulder, knee, and nerve injury cases.  There is nothing that drives settlement like a permanent injury does and this is even more important under New York law.

Significant Limitation

Proof Heavy

A plaintiff may qualify by showing a significant limitation of use of a body function or system.

Medical records and objective findings matter.  If you have a significant limitation even without pain and suffering, you have a strong damages claim and will clear the New York threshold.

90 Out of 180 Days

Time Test

A non-permanent injury may qualify if it prevents the person from performing substantially all usual activities for at least 90 of the first 180 days.

Work, school, household, and activity limits are key evidence.  You will need support from the treating doctors explaining the basis for you inability to perform usual activities.

Why It Matters

Pain & Suffering

Without a serious injury, many New York car accident victims are limited to no fault benefits and cannot recover pain and suffering damages.

This threshold often decides whether a lawsuit has real settlement value.

This chart is a general guide to New York’s serious injury threshold. In real cases, the outcome depends on medical records, diagnostic testing, permanency opinions, treatment history, gaps in care, prior injuries, and how the injury changed the plaintiff’s daily life.

New York Personal Injury Statute of Limitations

The statute of limitations for personal injury cases in New York is generally three years. This means that a person who has suffered a personal injury usually has 3 years from the date of the injury to file a lawsuit in court.

After the three-year period has passed, the person may be unable to file a lawsuit to seek compensation for their injuries. But call a lawyer. You cannot trust the general three-year deadline rule without looking at the claim type. The statute of limitations can vary depending on the type of personal injury case and the type of damages.

For example, if you rely on a three-year statute of limitations in a wrongful death claim, you may miss the two year deadline for wrongful death claims because they generally must be filed within two years of the victim’s death.

You may also get it wrong in the opposite direction as well. For example, the statute of limitations may be tolled for minors until they turn 18. In some limited categories, the statute of limitations may not begin to run from the date of the accident or wrongdoing. But there are exceptions to the exceptions. The bottom line is to call a lawyer, even if only for a free consultation.

Claims Against New York City and Other Public Defendants

One of the biggest traps in New York personal injury law is the notice of claim requirement. If the defendant is New York City, a county, a town, a village, a school district, a fire district, a public hospital, the Transit Authority, or another public entity, you may need to serve a notice of claim within 90 days.

This is not the same thing as filing a lawsuit. It is a separate pre-lawsuit requirement. In many cases, the lawsuit itself must then be filed within one year and 90 days. These rules are unforgiving, and they are why government injury claims should be investigated immediately.

New York Product Liability Statute of Limitations

New York generally does not have a broad product liability statute of repose that automatically bars every product injury claim a fixed number of years after the product was sold or delivered. Most New York product liability injury claims are governed by the three year personal injury statute of limitations, which usually runs from the date of injury.

Warranty claims may have different timing rules, and toxic exposure cases can raise special discovery questions. But the old version of this page was wrong to state that New York has a general ten year product liability statute of repose. That needed to come out.

SOL in New York Sex Abuse Lawsuits

The statute of limitations rules for New York civil sex abuse lawsuits are very favorable compared to those in many states. If the abuse happened when the victim was a child, meaning under 18, the survivor can generally file a civil lawsuit against an abuser or liable institution until age 55.

For cases involving abuse or assault when the victim was an adult, New York enacted the Adult Survivors Act. That law created a temporary revival window for otherwise time-barred adult sexual abuse claims. But that window has now closed. So adult sexual abuse claims need to be evaluated under the current statute of limitations, accrual rules, and any available tolling arguments. The key point is that the Adult Survivors Act no longer creates a new filing window for new cases.

Expert Required for New York Medical Malpractice Lawsuit

Medical malpractice cases in New York generally require an expert witness to testify that the healthcare provider breached the standard of care. When the case involves a matter beyond the common knowledge of the average person, an expert’s opinion is usually necessary to help the judge or jury understand what the provider should have done and whether the defendant’s conduct caused the injury.

New York Civil Practice Law and Rules Section 3012-a also requires a certificate of merit in medical, dental, and podiatric malpractice lawsuits. This is not the same thing as filing a sworn expert affirmation that lays out the full standard of care, breach, and causation opinions. The certificate is signed by the plaintiff’s attorney, who states that the attorney reviewed the facts and consulted with at least one qualified medical professional who supports a reasonable basis for filing the claim, or that the attorney could not obtain the consultation before the statute of limitations expired.

New York courts have found that a physician does not always have to specialize in the exact same field to be recognized as a medical expert. Any claimed deficiencies in specific knowledge areas often affect the credibility and significance of the testimony rather than its eligibility for admission. But malpractice lawyers are always better off finding an expert who truly matches the case.

High Bar for Punitive Damages in New York

Punitive damages are damages awarded in a personal injury lawsuit as a form of punishment for the defendant’s conduct. Under New York law, punitive damages are intended as punishment for gross misconduct and are reserved for conduct that goes beyond ordinary negligence.

Punitive damages are a great weapon in any New York personal injury lawsuit. But the bar for punitive damages is high. The plaintiff must first establish that the defendant’s conduct was malicious, fraudulent, or so reckless or outrageous that it demonstrated a conscious disregard for the rights of others.

New York public policy generally prohibits insurance from covering punitive damages. That matters because a punitive damages award may have to be paid by the defendant rather than by an insurer.

When determining the amount of punitive damages to be awarded, the court considers several factors, including:

1. The defendant’s wealth
2. The defendant’s degree of fault
3. The defendant’s conduct
4. The plaintiff’s harm
5. The potential impact of the award on the defendant

Judges are gatekeepers on punitive damages, which means they can overrule the jury. So even when the plaintiff proves to the jury that the defendant’s conduct was outrageous, the court has discretion to reduce or set aside the jury’s decision, and the law gives judges significant room on appeal.

Comparative Negligence in New York

In New York, comparative negligence determines the compensation amount in a personal injury case. This legal principle holds that if an individual is partially at fault for an accident, they may still be entitled to recover damages, but the amount they receive will be reduced by their degree of fault.

Under New York’s pure comparative negligence law, an injured party can recover damages even if they are 99 percent at fault for the accident. However, their recovery will be reduced by their degree of fault. For example, if an individual is awarded $100,000 in damages but is found to be 50 percent at fault, they will only receive $50,000 in compensation.

It is important to note that in New York, the jury is responsible for determining the degree of fault for each party involved in an accident. The judge will instruct the jury to consider the actions of all parties involved and assign a percentage of fault to each person based on their level of responsibility for the accident.

New York Product Liability Lawsuits

Product liability law in New York imposes liability on manufacturers, distributors, suppliers, retailers, and related parties for product defects that cause harm to consumers or users. These laws aim to protect consumers from hazardous or faulty products and ensure that those responsible for putting dangerous products on the market are held responsible for resulting injuries or losses.

Generally, product liability laws in New York address three primary categories of defects:

1. Manufacturing defects: These occur during production, resulting in a product that deviates from its intended design and may pose safety risks.
2. Design defects: These flaws exist in the product’s design itself, making the entire product line potentially unsafe, regardless of manufacturing quality.
3. Marketing defects or failure to warn: These involve insufficient instructions or warnings regarding the product’s proper use or potential associated risks.

Under product liability law, individuals harmed by defective products may seek compensation for damages such as medical expenses, lost income, pain and suffering, and other related losses. Product liability cases often entail intricate investigations, expert testimony, and legal proceedings to establish liability and secure equitable compensation for the injured party.

New York Personal Injury Statute of Limitations Chart

The statute of limitations for personal injury cases in New York is generally three years. But you cannot blindly trust the general three year deadline. The deadline changes for wrongful death, medical malpractice, municipal defendants, child sex abuse claims, adult sex abuse claims, and some late-discovered injuries.

New York Injury Filing Deadlines

These are the most common New York filing deadlines. The real deadline can change based on the defendant, the injury, tolling rules, notice requirements, and the type of claim. Always consult a lawyer to make sure an exception does not apply.

General Personal Injury

3 Years

Most negligence claims, including many car accident, premises liability, and general injury lawsuits.

Usually CPLR 214

Wrongful Death

2 Years

Wrongful death claims generally must be filed by the personal representative within two years of death.

EPTL 5-4.1

Medical Malpractice

2.5 Years

Medical, dental, and podiatric malpractice claims generally have a two year and six month deadline.

CPLR 214-a

Municipal Claims

90 Days

Claims against New York City, counties, towns, villages, school districts, and many public entities often require a Notice of Claim within 90 days.

GML 50-e and 50-i

Child Sex Abuse

Age 55

Civil claims for childhood sexual abuse may be filed against an abuser or liable third party until the survivor reaches age 55.

CPLR 208

Product Injury Claims

3 Years

Most New York product injury claims are governed by the three-year personal injury deadline. Warranty theories can have different timing rules.

No broad 10-year product repose rule

This chart is a general guide.  We are beating a dead horse, for sure, but a lot of trees have been lost battling over exceptions to these rules.  It is complicated.  The real deadline can vary depending on the defendant, the claim type, ongoing treatment, infancy, government notice requirements, late-discovery rules, and special statutes. Missing the right deadline can destroy an otherwise valid claim.

Example New York Personal Injury Settlements and Verdicts

Below, I summarize recent reported personal injury verdicts and settlements in New York. These cases should be used only for informational purposes and not as a guarantee of your settlement payout. But while they cannot calculate the settlement amount of your case, these stories are a tool to better understand compensation values in personal injury cases.

These examples include car accident settlements, medical malpractice settlements, product liability verdicts, premises liability claims, transit cases, wrongful death claims, and other personal injury lawsuit settlements. They also show why there is no dependable average car accident settlement in New York that applies across the board. The facts drive the payout.

Major New York Verdicts and Settlements

• $182,000,000 Settlement (2026 – Westchester County): A global settlement was reached in the Metro-North Valhalla train crash litigation arising from a 2015 collision between a commuter train and an SUV at a railroad crossing. The crash killed six people and injured others. A jury had previously found Metro-North primarily at fault, and the settlement resolved claims for the families of passengers who were killed and other injured victims. The settlement is one of the largest commuter rail accident recoveries reported in New York history.
• $81,700,000 Verdict (2025 – E.D.N.Y.): A 21-year-old architecture student visiting New York fell onto the subway tracks at the Atlantic Avenue-Barclays Center station and was run over by a train, severing her left arm and left leg. The lawsuit alleged that the MTA failed to install platform barriers or other safety devices despite years of data showing that people were falling onto tracks. The MTA denied negligence and argued that no North American subway system had such barriers at the time. A Brooklyn federal jury found in favor of the plaintiff and awarded $81.7 million. The MTA has indicated it will seek to reduce or set aside the verdict.
• 60,033,041 Verdict (2025 – Nassau County): A 65-year-old electrical mechanic was left permanently paralyzed after a routine epidural steroid injection at a pain management practice. The plaintiff alleged that the doctor used improper medication and technique, causing a spinal cord infarction and permanent paraplegia. After a three-week trial, the Nassau County jury returned a unanimous verdict of $60,033,041.23. The award included compensation for past and future medical expenses, lost income, pain and suffering, and loss of services. This is believed to be the largest medical malpractice verdict ever awarded in Nassau County.
• $40,000,000 Verdict (2025 – Nassau County): A 52-year-old man was left paralyzed on his left side after two Long Island hospitals allegedly failed to timely diagnose and treat a stroke. The plaintiff claimed that doctors at St. Joseph Hospital and Good Samaritan Hospital missed classic stroke symptoms and failed to provide treatment that could have prevented catastrophic injury. A Nassau County jury found for the plaintiff and awarded $40 million in damages.
• $36,398,000 Verdict (2026 – Bronx County): A worker suffered a traumatic brain injury and serious orthopedic injuries after slipping on cooking oil that had been applied to a makeshift ramp inside a Parkchester supermarket. The plaintiff was helping move refrigeration equipment into the basement when he slipped and fell down the ramp. The defense argued that the plaintiff’s employer controlled the work and that later accidents or unrelated conditions caused his injuries. The Bronx jury rejected those arguments and awarded $36,398,000, including $5 million for past pain and suffering, $20 million for future pain and suffering, $10 million for future medical expenses, and additional lost earnings damages.
• $25,000,000 Verdict (2026 – New York County): A man diagnosed with mesothelioma claimed he was exposed to asbestos while installing and removing Amtico-brand floor tiles made by American Biltrite. The plaintiff alleged that cutting, scraping, and removing asbestos-containing floor tiles released dangerous fibers that caused his cancer decades later. A New York County jury awarded $25 million, including $20 million in compensatory damages and $5 million in punitive damages. The compensatory award included $10 million for past pain and suffering and $10 million for future pain and suffering.
• $117,000,000 Verdict (2025 – New York County): A 75-year-old former sheet metal worker developed pleural mesothelioma after alleged asbestos exposure during construction work at the original World Trade Center in the 1970s. The plaintiff claimed that he was exposed to asbestos-containing fireproofing materials while installing air ducts. A New York jury awarded $117 million to the plaintiff and his wife, including $78 million for the plaintiff’s pain and suffering and $39 million for loss of consortium. The verdict is reported as the largest single-plaintiff asbestos verdict in New York State history.
• $272,500,000 Settlement (2025 – New York County): A record-setting construction accident settlement was reached in litigation arising from the Tribeca crae collapse. The case involved catastrophic injuries and wrongful death claims after a large crawler crane collapsed in Manhattan. The settlement resolved claims against multiple defendants alleged to have contributed to the unsafe conditions that caused the collapse. It has been reported as the largest construction accident settlement in New York history and one of the largest construction accident recoveries in the United States.
• $53,184,188 Verdict (2025 – New York): A former New York City Transit Authority bus operator was injured in a collision involving another NYCTA bus. The plaintiff alleged that the crash caused permanent injuries and substantial economic loss. The case was tried with extensive medical proof and visual evidence designed to show the long-term impact of the injuries. A New York jury awarded $53,184,188.
• $287,000t, 2024, New York: Plaintiff, a New York resident, and his longtime girlfriend were involved in a deadly motorcycle crash in Pennsylvania after a defective software system in their Harley-Davidson trike malfunctioned. The June 2020 crash caused the motorcycle to swerve into the opposite lane, resulting in the girlfriend’s death and catastrophic injuries to the plaintiff. The suit alleged that Harley-Davidson failed to properly repair the recalled traction control system despite prior similar incidents. After a four-week trial, the Livingston County jury awarded $287 million, comprising $240 million in punitive damages, to the plaintiff and the estate of the plaintiff’s girlfriend for the injuries and losses they suffered.
• $120 Million Verdict, 2023, Westchester County: A man suffered a severe stroke and was discovered by his spouse having convulsions on their bathroom floor. His spouse promptly called emergency services, and he was taken to a local medical center. Upon arrival, the resident radiologists and neurologist on duty misinterpreted the CT scans, failing to identify a crucial clot. The correct diagnosis of a basilar artery occlusion was only made hours later by an attending radiologist, resulting in a significant delay in treatment. The man underwent a brief surgical procedure to remove the clot, similar to a thrombectomy. However, the delayed diagnosis led to irreversible brain damage, severely impacting his short-term memory. He now struggles to recall personal details and recognize his immediate surroundings. A Westchester County jury awarded a stunning $120 million, with $20 million allocated for medical care, $50 million for his pain and suffering, and $50 million for a loss of services claim.
• $35.6 Million Settlement, 2024, New York: A 15-year-old boy suffered severe brain damage after Westchester Medical Center failed to treat sinus fractures sustained in a car accident, leading to life-threatening infections. The settlement came after a series of escalating offers from the defense, which started at $8 million four months before trial and increased to $17 million, then $29.6 million. As the trial progressed, the offers rose to $32.1 million and then $33 million, before the final $35.6 million offer was accepted. The settlement resolved all claims against Westchester Medical Center. As a part of that deal, claims against individual healthcare providers were dismissed.
• $32.1 Million Verdict, 2024, New York: The plaintiff was staying at a Hilton Hotel near Central Park. She observed that the handle on the bathroom door in her room was broken and alerted hotel staff. She allegedly was told it would be repaired. The plaintiff said the handle was not repaired, that no other rooms were available, and that when she attempted to use the bathroom door the next day, it fell onto her. The plaintiff reportedly suffered a left knee femoral trochlea cartilage injury, a patella retinaculum injury, and a low back injury.
• $10.6 Million Verdict, 2020, Brooklyn: While attempting a right turn onto 60th Street in Brooklyn, a New York City transit bus struck a pedestrian. The lawsuit alleged that the traffic signal permitted her to walk across the street and that the bus driver should have yielded the right of way. The plaintiff suffered tears to her rotator cuff and meniscus. She also broke her left leg. The plaintiff also suffered multiple herniated discs. Her injuries required physical therapy, steroid-based injections, and two arthroscopic surgeries. The plaintiff continued to suffer knee, shoulder, neck, and back pain. She claimed she would need further surgery on her right knee, spine, and left shoulder. Despite the severity of the injuries, the size of the verdict seems highly abnormal.
• $8.2 Million Settlement, 2024, New York: In this birth injury case, the mother was admitted for labor and delivery induction at 40 6/7 weeks’ gestation. Fetal monitoring strips noted prolonged and late decelerations. An emergency C-section was eventually performed due to fetal bradycardia. CPR and intubation were required. The infant suffered hypoxic ischemic encephalopathy, seizures, gastrointestinal issues, and neurological damage. The plaintiff brought a claim based on the Federal Tort Claims Act, asserting the defendants were negligent, through their agents and employees, in failing to recognize signs and symptoms of fetal distress and failing to perform a Cesarean section, among other failures, in a timely manner.

Major New York Verdicts and Settlements

• $182 Million Settlement (2026 – Westchester County): A global settlement was reached in the Metro-North Valhalla train crash litigation arising from a 2015 collision between a commuter train and an SUV at a railroad crossing. The crash killed six people and injured others. A jury had previously found Metro-North primarily at fault, and the settlement resolved claims for the families of passengers who were killed and other injured victims. The settlement is one of the largest commuter rail accident recoveries reported in New York history.
• $81.7 Million Verdict (2025 – E.D.N.Y.): A 21-year-old architecture student visiting New York fell onto the subway tracks at the Atlantic Avenue-Barclays Center station and was run over by a train, severing her left arm and left leg. The lawsuit alleged that the MTA failed to install platform barriers or other safety devices despite years of data showing that people were falling onto tracks. The MTA denied negligence and argued that no North American subway system had such barriers at the time. A Brooklyn federal jury found in favor of the plaintiff and awarded $81.7 million. The MTA has indicated it will seek to reduce or set aside the verdict.
• $60.03 Million Verdict (2025 – Nassau County): A 65-year-old electrical mechanic was left permanently paralyzed after a routine epidural steroid injection at a pain management practice. The plaintiff alleged that the doctor used improper medication and technique, causing a spinal cord infarction and permanent paraplegia. After a three-week trial, the Nassau County jury returned a unanimous verdict of $60,033,041.23. The award included compensation for past and future medical expenses, lost income, pain and suffering, and loss of services. This is believed to be the largest medical malpractice verdict ever awarded in Nassau County.
• $40 Million Verdict (2025 – Nassau County): A 52-year-old man was left paralyzed on his left side after two Long Island hospitals allegedly failed to timely diagnose and treat a stroke. The plaintiff claimed that doctors at St. Joseph Hospital and Good Samaritan Hospital missed classic stroke symptoms and failed to provide treatment that could have prevented catastrophic injury. A Nassau County jury found for the plaintiff and awarded $40 million in damages.
• $36.398 Million Verdict (2026 – Bronx County): A worker suffered a traumatic brain injury and serious orthopedic injuries after slipping on cooking oil that had been applied to a makeshift ramp inside a Parkchester supermarket. The plaintiff was helping move refrigeration equipment into the basement when he slipped and fell down the ramp. The defense argued that the plaintiff’s employer controlled the work and that later accidents or unrelated conditions caused his injuries. The Bronx jury rejected those arguments and awarded $36,398,000, including $5 million for past pain and suffering, $20 million for future pain and suffering, $10 million for future medical expenses, and additional lost earnings damages.
• $25 Million Verdict (2026 – New York County): A man diagnosed with mesothelioma claimed he was exposed to asbestos while installing and removing Amtico-brand floor tiles made by American Biltrite. The plaintiff alleged that cutting, scraping, and removing asbestos-containing floor tiles released dangerous fibers that caused his cancer decades later. A New York County jury awarded $25 million, including $20 million in compensatory damages and $5 million in punitive damages. The compensatory award included $10 million for past pain and suffering and $10 million for future pain and suffering.
• $117 Million Verdict (2025 – New York County): A 75-year-old former sheet metal worker developed pleural mesothelioma after alleged asbestos exposure during construction work at the original World Trade Center in the 1970s. The plaintiff claimed that he was exposed to asbestos-containing fireproofing materials while installing air ducts. A New York jury awarded $117 million to the plaintiff and his wife, including $78 million for the plaintiff’s pain and suffering and $39 million for loss of consortium. The verdict is reported as the largest single-plaintiff asbestos verdict in New York State history.
• $272.5 Million Settlement (2025 – New York County): A record-setting construction accident settlement was reached in litigation arising from the Tribeca crane collapse. The case involved catastrophic injuries and wrongful death claims after a large crawler crane collapsed in Manhattan. The settlement resolved claims against multiple defendants alleged to have contributed to the unsafe conditions that caused the collapse. It has been reported as the largest construction accident settlement in New York history and one of the largest construction accident recoveries in the United States.
• $53.184 Million Verdict (2025 – New York): A former New York City Transit Authority bus operator was injured in a collision involving another NYCTA bus. The plaintiff alleged that the crash caused permanent injuries and substantial economic loss. The case was tried with extensive medical proof and visual evidence designed to show the long-term impact of the injuries. A New York jury awarded $53,184,188.
• $287 Million Verdict (2024 – New York): Plaintiff, a New York resident, and his longtime girlfriend were involved in a deadly motorcycle crash in Pennsylvania after a defective software system in their Harley-Davidson trike malfunctioned. The June 2020 crash caused the motorcycle to swerve into the opposite lane, resulting in the girlfriend’s death and catastrophic injuries to the plaintiff. The suit alleged that Harley-Davidson failed to properly repair the recalled traction control system despite prior similar incidents. After a four-week trial, the Livingston County jury awarded $287 million, comprising $240 million in punitive damages, to the plaintiff and the estate of the plaintiff’s girlfriend for the injuries and losses they suffered.
• $120 Million Verdict (2023 – Westchester County): A man suffered a severe stroke and was discovered by his spouse having convulsions on their bathroom floor. His spouse promptly called emergency services, and he was taken to a local medical center. Upon arrival, the resident radiologists and neurologist on duty misinterpreted the CT scans, failing to identify a crucial clot. The correct diagnosis of a basilar artery occlusion was only made hours later by an attending radiologist, resulting in a significant delay in treatment. The man underwent a brief surgical procedure to remove the clot, similar to a thrombectomy. However, the delayed diagnosis led to irreversible brain damage, severely impacting his short-term memory. He now struggles to recall personal details and recognize his immediate surroundings. A Westchester County jury awarded $120 million, with $20 million allocated for medical care, $50 million for pain and suffering, and $50 million for loss of services.
• $35.6 Million Settlement (2024 – New York): A 15-year-old boy suffered severe brain damage after Westchester Medical Center failed to treat sinus fractures sustained in a car accident, leading to life-threatening infections. The settlement came after a series of escalating offers from the defense, which started at $8 million four months before trial and increased to $17 million, then $29.6 million. As the trial progressed, the offers rose to $32.1 million and then $33 million, before the final $35.6 million offer was accepted. The settlement resolved all claims against Westchester Medical Center. As part of that deal, claims against individual healthcare providers were dismissed.
• $32.1 Million Verdict (2024 – New York): The plaintiff was staying at a Hilton Hotel near Central Park. She observed that the handle on the bathroom door in her room was broken and alerted hotel staff. She allegedly was told it would be repaired. The plaintiff said the handle was not repaired, that no other rooms were available, and that when she attempted to use the bathroom door the next day, it fell onto her. The plaintiff reportedly suffered a left knee femoral trochlea cartilage injury, a patella retinaculum injury, and a low back injury.
• $10.6 Million Verdict (2020 – Brooklyn): While attempting a right turn onto 60th Street in Brooklyn, a New York City transit bus struck a pedestrian. The lawsuit alleged that the traffic signal permitted her to walk across the street and that the bus driver should have yielded the right of way. The plaintiff suffered tears to her rotator cuff and meniscus. She also broke her left leg. The plaintiff also suffered multiple herniated discs. Her injuries required physical therapy, steroid-based injections, and two arthroscopic surgeries. The plaintiff continued to suffer knee, shoulder, neck, and back pain. She claimed she would need further surgery on her right knee, spine, and left shoulder. Despite the severity of the injuries, the size of the verdict seems highly abnormal.
• $8.2 Million Settlement (2024 – New York): In this birth injury case, the mother was admitted for labor and delivery induction at 40 6/7 weeks’ gestation. Fetal monitoring strips noted prolonged and late decelerations. An emergency C-section was eventually performed due to fetal bradycardia. CPR and intubation were required. The infant suffered hypoxic ischemic encephalopathy, seizures, gastrointestinal issues, and neurological damage. The plaintiff brought a claim based on the Federal Tort Claims Act, asserting the defendants were negligent, through their agents and employees, in failing to recognize signs and symptoms of fetal distress and failing to perform a Cesarean section, among other failures, in a timely manner.

Medical Malpractice and Nursing Home Verdicts and Settlements in New York

• $3 Million Settlement (2023 – S.D.N.Y.): A birth injury lawsuit alleged that the doctor and delivery team at the federally funded hospital, Good Samaritan Hospital, were negligent in handling the labor and delivery of her baby, resulting in the child suffering brain damage from lack of oxygen. Specifically, the suit claimed that the defendant failed to respond in a timely manner with an emergency C-section when warning signs of fetal distress first appeared on electronic fetal monitoring strips.
• $2.55 Million Verdict (2022 – Nassau County): A man presented to the emergency room with a severe headache, nausea, vomiting, and weakness. His CT scan was read as normal. The man was diagnosed with gastritis. He was subsequently discharged. The man returned to the emergency room two days later. He was diagnosed with a stroke and hydrocephalus. The man underwent a craniectomy, a laminectomy, a ventriculostomy, and a duroplasty. He now had limited use of his left limbs. The man also suffered from speech impairments. He required physical and occupational therapies. The man alleged negligence against the hospital. He claimed the emergency room physicians misinterpreted his CT scan and failed to timely diagnose and treat a stroke.
• $1.455 Million Verdict (2021 – Erie County): A woman underwent a hysterectomy at Women and Children’s Hospital of Buffalo. The woman suffered severe abdominal pain after the procedure. She received an over-the-counter medication. The woman’s pain failed to resolve after one week. She was transferred to another hospital. The woman was diagnosed with a perforated colon. She developed ischemia, sepsis, and abscesses. The woman subsequently underwent an ileostomy and a bowel resection. She was hospitalized for over a week. The woman wore a wound-healing vacuum and underwent an IV catheter. A year later, she underwent an ileostomy reversal. The woman experienced chronic diarrhea for several years. She took medication to control it. The woman was left with abdominal and chest scars. She alleged negligence against the gynecologist who performed the procedure. The woman claimed the doctor negligently performed the hysterectomy and failed to timely diagnose a perforated colon. The defense denied liability and argued that her injuries were unavoidable risks.
• $1 Million Verdict (2022 – Staten Island): A woman came under a physician’s care for post-menopausal bleeding. Several months later, she was diagnosed with Stage IV fallopian tube cancer that spread to her liver, ovary, uterus, and omentum. The woman died two years later. Her family alleged negligence against the physician. They claimed the doctor failed to timely diagnose cancer and ordered follow-up testing.
• $500,000 Settlement (2020 – Bronx): The estate alleged that the nursing home failed to recognize the decedent’s condition and failed to follow accepted procedures. The estate alleged medical malpractice based on negligence and sought compensation for personal injuries, economic loss, mental anguish, and wrongful death. This was likely a case where negligence and breach of the standard of care were relatively straightforward. Restrictions on attorneys’ fees in New York make it hard to find a lawyer to take these cases.
• $350,000 Verdict (2022 – Suffolk County): A newborn boy suffered the flu, mastoiditis, a left cholesteatoma, and a middle ear infection. He presented to the emergency room and was diagnosed with a right ear infection. He was prescribed Vancomycin. The boy suffered total left hearing loss. He underwent a radical mastoidectomy and an auditory canal reconstruction. The boy was left with surgical scarring, facial paralysis, speech delays, sensory and motor deficits, and Raynaud’s syndrome. His parents alleged negligence against the hospital. They claimed its staff failed to properly diagnose the ear infection, pursue a differential diagnosis, and timely make a specialist referral.
• $300,000 Verdict (2023 – Orange County): This is a nursing home lawsuit. A 65-year-old retiree was a patient at Highland Rehabilitation and Nursing Center in Middletown. She was previously admitted to the center for rehabilitation following a liver transplant. Highland correctly assessed her to be a fall risk because of deconditioning following a six-month hospitalization and seizures due to her medication. On her first day at the facility, she was discovered on the floor of her room next to her bed. She sustained a left hip fracture. She argued that, given her fall risk, she should have had a bed alarm.

New York Car Accident, Bus Accident, Truck Accident, and Pedestrian Settlements

• $3.449 Million Settlement (2020 – Bronx): In this case, a police cruiser T-boned the plaintiff’s vehicle while he was driving through an intersection. The plaintiff alleged that the officer ran a stop sign which caused the collision. He also claimed that the officer was not responding to a police emergency. The plaintiff suffered several disc herniations, a right shoulder rotator cuff tear, and right shoulder trauma. He underwent physical therapy and pain management for six years, including steroid-based injections. He then had multiple surgeries on his back and shoulder. The plaintiff continued to have a hard time standing for extended periods and had not returned to work after the accident. He claimed that he needed medical care for life, including spinal surgeries and further injections. Defense counsel contended that his injuries were not serious. Their expert neurologist also opined that there was no evidence of neurological injury and that the injuries had resolved.
• $2.797 Million Verdict (2020 – Nassau County): While operating a motorized scooter, the plaintiff decedent was struck by a car attempting to make a right turn onto the same side of the street he was on. The plaintiff died four days later of his injuries. His widow sued the driver and the Town of North Hempstead for creating dangerous road conditions. The plaintiff sustained multiple rib and clavicle fractures and internal bleeding. Four days later, he sustained respiratory distress and died. The jury ruled in favor of the estate, finding both defendants liable. The jury found the town 70 percent responsible and the driver 30 percent responsible.
• $2.5 Million Settlement (2016 – Kings County): Defendant pulled out of his street parking spot without seeing plaintiff, who ran into defendant’s hospital transport van. Defendant contested fault and asserted that plaintiff was speeding. Plaintiff claimed cervical and lumbar disc herniations. After ten weeks of physical therapy, plaintiff underwent spinal fusion surgery. Plaintiff claimed continuing neck pain that limited his ability to work and would require him to retire early. The defense contested the injuries as pre-existing and suggested that the car accident did not involve enough force to cause them.
• $2.442 Million Verdict (2024 – Kings County): The plaintiff was a passenger in a stopped vehicle that was rear-ended at or near an intersection by a Metro Transit Authority bus. The plaintiff allegedly suffered injuries that included a left shoulder Type II SLAP tear, left rotator cuff bursal surface and supraspinatus tendon partial tears, left shoulder adhesions and synovitis, right anterior glenoid labrum tear, C3-C7 and L2-L3 herniations, and L4-S1 bulges.
• $2.2 Million Verdict (2017 – Suffolk County): Plaintiff was stopped at a red light when he was rear-ended by a defendant operating a taxi. Responsibility was admitted. Plaintiff alleged C3-4 and L4-5 disc herniations and a labrum tear in his hip. Plaintiff had two separate arthroscopic surgeries on either side of his hip. The second surgery had to be repeated due to complications. The back injuries were treated with physical therapy, but plaintiff contended that he would eventually require spinal fusion surgery. The defense disputed the injuries and claimed that they were degenerative.
• $1.925 Million Verdict (2020 – E.D.N.Y.): While working as a Long Island Rail Road conductor, the plaintiff injured himself after attempting to open a stuck locomotive cab door. He sought damages for lost future pension contributions, past pain and suffering, future pain and suffering, and lost wages. The plaintiff suffered an elbow injury, which his employer claimed was his fault. The employer argued that he was the sole cause of the accident, injuries, and damages. A U.S. District Court jury in the Eastern District of New York ruled in favor of the plaintiff and awarded $1.925 million in damages.
• $1.25 Million Settlement (2020 – Manhattan): While riding his motorcycle in Manhattan, the plaintiff initially contacted a vehicle that stopped abruptly to drop off a passenger. After falling onto the street, he was struck by a transit bus. The plaintiff sued the motorist, the bus operator, and the bus company for negligence. The bus company contended that it did not strike the plaintiff and claimed he had been speeding. The motorist also claimed she was driving carefully when she stopped to drop someone off. The plaintiff suffered an avulsion to his left leg, which led to compartment syndrome. He also dislocated his left shoulder. He was hospitalized for over a month. One day after the accident, he underwent surgery on his left leg to remove damaged tissue and close his wound. He sought physical therapy after discharge. He suffered a disfigured leg that needed corrective surgery, and his physician also recommended surgery to reconstruct his shoulder. The motorist’s insurer provided $25,000 in coverage. The plaintiff’s counsel settled claims against the bus operator and the New York City Transit Authority, which paid $1.2 million. The total recovery was $1.25 million.
• $1.1 Million Verdict (2017 – Queens): Plaintiff was hit in the side rear while making a left turn on a green arrow. The defendant allegedly ran a red light. Defendant disputed this version of events but gave contradictory statements. Plaintiff alleged multiple disc herniations with nerve impingement and radiculopathy, which required extensive therapy and eventually back surgery. Plaintiff alleged that he continued to experience pain that limited his physical activities.
• $925,000 Settlement (2017 – Suffolk County): Plaintiff was struck on the side at an intersection while defendant was making a left turn and failed to yield the right of way. The defendant was arrested and charged with DUI. Plaintiff alleged L4-5 and L5-S1 disc herniations. He underwent two years of physical therapy and epidural steroid injections. The plaintiff eventually had to have spinal fusion surgery followed by another 12 months of therapy.
• $600,000 Verdict (2018 – Bronx): Plaintiff was driving through an intersection in the city when defendant ran a red light at the cross street and violently T-boned plaintiff’s vehicle into parked cars on the opposite side of the street. Plaintiff had one witness to support his version of the accident. Plaintiff alleged that he suffered a partial tear of his left arm rotator cuff, which required physical therapy and then arthroscopic surgery with debridement. The plaintiff missed 26 weeks of work and claimed continuing pain and physical limitations. The defense disputed that plaintiff tore his rotator cuff.
• $400,000 Verdict (2020 – Bronx): While stopping at a red light at an intersection in the Bronx, the plaintiff’s vehicle was rear-ended by the defendant’s vehicle. His wife was a passenger in his car. Their lawsuit alleged that the defendant was negligent. The defendant conceded liability. The wife suffered a closed head injury, multiple disc herniations, and bulges. Despite undergoing physical therapy, she continued to experience residual headaches and pain in her neck and back. Her husband also suffered herniated discs and bulges and a torn meniscus. He underwent arthroscopic surgery.
• $375,000 Settlement (2018 – Nassau County): The plaintiff, a construction laborer, was stopped at a red light when he was rear-ended by the defendant, who was driving a large delivery truck. Responsibility was conceded and damages were the only issue. Plaintiff did not go to the hospital or request medical treatment immediately after the accident and first sought treatment two days later. Plaintiff alleged that he suffered partial tears of two ligaments in his left knee, requiring arthroscopic surgery and meniscectomy surgery. Plaintiff’s expert testified that he would eventually require knee replacement surgery. Plaintiff also claimed a herniated disc with nerve impingement. His injuries left him on crutches for two months and required 12 weeks of physical therapy. Plaintiff was also out of work for six months. The defense countered that the accident did not involve enough force to cause the alleged injuries and suggested that plaintiff’s conditions were pre-existing.
• $325,000 Settlement (2020 – Bronx): The plaintiff claimed that he was negligently struck by the defendant’s vehicle while he was a pedestrian. He filed a complaint against the driver in the Supreme Court of New York, 12th Judicial District, Bronx County. The plaintiff suffered severe and permanent injuries. The parties settled this case for $325,000.
• $325,000 Settlement (2017 – Bronx): Plaintiff was making a left turn in her sedan at a busy intersection in the Bronx with double left-turn lanes. The defendant was driving a delivery truck and also turning left in the adjacent lane. Plaintiff alleged that defendant strayed into her lane and sideswiped her car. Defendant contested liability and argued that plaintiff was using her cell phone and not paying attention. Following the accident, plaintiff was taken to a hospital and received minor treatment for pain in her back and left shoulder. Plaintiff eventually claimed that she suffered a tear of her rotator cuff and glenoid labrum in the left shoulder. Plaintiff also alleged disc herniations in her L3-4 and L5-S1 discs and a bulge in her L4-5 disc. Treatment for the herniated discs involved three months of physical therapy. The shoulder injuries allegedly required two arthroscopic surgeries and follow-up therapy.
• $305,000 Verdict (2020 – Queens): A woman was a passenger in a vehicle rear-ended by a trailing car. Both the motorist and plaintiff sustained injuries and sued the defendants for negligence. The plaintiff suffered tears to her right shoulder rotator cuff and glenoid labrum. For nine months, she underwent physical therapy. Arthroscopic surgery was then performed on her right shoulder. She underwent physical therapy for ten more months. The plaintiff claimed that her injuries made it difficult for her to do basic tasks such as bathing or cleaning. The motorist’s claim was resolved through a pretrial settlement. The jury ruled in favor of the plaintiff, finding that she suffered permanent shoulder limitations. They determined her damages amounted to $305,000.
• $300,000 Verdict (2017 – Queens): Plaintiff was driving through an intersection in a parking lot when he was hit by defendant, who executed a poor turn without yielding the implied right of way. This case presented somewhat unique injuries because plaintiff alleged that the accident aggravated his pre-existing injuries. Specifically, plaintiff had arthroscopic surgery on his shoulder three months before the accident and spinal fusion therapy on herniated discs a year earlier. Such a recent shoulder surgery usually decreases settlement compensation. So this plaintiff took the case to trial, alleging that the car accident compromised the spinal fusion and reinjured his recently repaired shoulder, requiring additional surgery and therapy.
• $300,000 Settlement (2017 – Niagara County): Plaintiff, a stay-at-home mom in her late 20s, was hit on the side when defendant ran a red light at an intersection. Responsibility for the crash was admitted. The accident fractured a bone in plaintiff’s knee, which had to be surgically repaired with rods and screws. Plaintiff was in the hospital for ten days and underwent months of physical therapy. Plaintiff suffered continued pain and a limp in her walk.
• $250,000 Verdict (2022 – Queens): A man was sideswiped after making a right turn at an intersection. He suffered neurological and spinal injuries. The man sustained a limited spinal range of motion. He alleged negligence against the at-fault driver. The man claimed the defendant made an illegal left turn and failed to yield at an intersection.
• $250,000 Verdict (2017 – Oneida County): Plaintiff, a 24-year-old electrician, was a passenger in a truck that defendant rear-ended shortly after coming to a stop at a stop sign. Responsibility for the collision was admitted. Plaintiff did not seek treatment initially. He eventually alleged C3-4 disc herniation and disc bulges of his C4-5 and C5-6 discs with spasms. Plaintiff’s treatment was limited to three months of physical therapy. Plaintiff was advised not to return to work and claimed continued neck pain. The defense contested the injuries.
• $225,000 Settlement (2021 – Queens): A 25-year-old man drove near the intersection of Steinway Street and 25th Avenue in Astoria. He was subsequently struck head-on by a sanitation truck. The man suffered left meniscus tears, a right knee sprain, and right shoulder trauma. He also developed left knee synovitis, right knee chondromalacia and tendinosis, and right shoulder trauma. The following year, the man underwent knee arthroscopy. He continued to experience recurring pain and limitations. The man alleged that the sanitation truck driver’s negligence caused his injuries. He claimed the driver crossed the center line and negligently passed a parked vehicle.
• $150,000 Verdict (2021 – Suffolk County): A 60-year-old woman proceeded through the intersection of 50th Street and North Wellwood Avenue. She was subsequently T-boned. The woman suffered a right labrum, gluteus minimus tendon, and supraspinatus tears. She underwent physical therapy and pain-killing injections. The woman continued to experience residual pain. She alleged that the at-fault driver’s negligence caused permanent injuries. The woman claimed the defendant ran a red light and failed to yield the right of way. The defense contested the woman’s injuries and argued they were pre-existing.
• $125,000 Verdict (2021 – Queens): A jitney bus unexpectedly and violently stopped on the Long Island Expressway. The impact caused a female passenger, who had been walking to the restroom, to fall. The woman suffered S2 and sacrum fractures. She wore a cane for four months. She also underwent physical therapy, painkilling, and steroid injections. She claimed residual limitations and pain. The woman alleged that the bus driver’s negligence caused her injuries. She claimed he violently stopped his vehicle and used his phone while driving. The bus driver denied violently stopping the vehicle and claimed he warned passengers not to walk while the bus was moving. This case is more in line with the average herniated disc injury settlement with steroid injections in New York than some of these other cases that have inflated settlement amounts and jury payouts because of other injuries in the case.
• $75,000 Verdict (2020 – Brooklyn): A taxi, stopped at an intersection in Brooklyn, was rear-ended by a minivan. The plaintiff was the passenger, while the cab driver and tortfeasor were the defendants. The plaintiff claimed that both drivers were negligent in operating their vehicles. The plaintiff broke his nose and suffered a deviated septum. He also suffered soft-tissue back, neck, and right shoulder injuries. The plaintiff underwent surgery to repair his nose. He underwent 20 physical therapy sessions to treat his soft-tissue injuries. He claimed that he suffered from hypogeusia and olfactory difficulties. The plaintiff also claimed that it had become challenging to work as a consultant. The defense contended that the plaintiff had founded restaurants and traveled abroad after the accident.
• $25,000 Verdict (2020 – Brooklyn): While driving near the intersection of East 53rd Street and Fifth Avenue in Manhattan, the plaintiff was stopped in traffic. The defendant rear-ended the plaintiff’s van. The plaintiff sustained a herniated disc and a torn shoulder. He underwent arthroscopic surgery to address the torn shoulder. The defense expert claimed that the shoulder tear was not a trauma-induced injury. The jury awarded the plaintiff only $25,000, a small award for a shoulder surgery lawsuit because they found that his injuries were not permanent. The average settlement payout for shoulder surgery in NYC is much higher than this, probably because the jury accepted the defense argument that the injury was not from the crash. Get average settlements for shoulder surgery, herniated discs, and rotator cuff tears.

Premises Liability, Construction, Product Liability, and Other Injury Cases

• $3.175 Million Settlement (2020 – Brooklyn): In this premises liability case, a laborer fell off a 25-foot ladder leaning against the supporting wall of a courtyard. The ladder turned over while the plaintiff used a jackhammer on the courtyard’s concrete surface. The plaintiff suffered multiple injuries to his wrist, skull, elbow, and leg. He sued the premises owner, claiming failure to provide a safe work environment. The plaintiff broke his orbital, maxillary sinus, right femur, right wrist, and right elbow. He was transported to the hospital, where external fixation devices were secured to his elbow, leg, and wrist. He was hospitalized for four weeks and underwent an estimated one week of inpatient rehabilitative care. He sought physical therapy after discharge. The plaintiff claimed that he now has difficulty moving his leg, elbow, and arm and now uses a cane. The defense contended that the plaintiff exaggerated his residual effects and could walk without a cane. A pretrial settlement was negotiated, with the defendant’s primary insurer tendering its $1 million policy and the excess insurer paying $2.175 million from a $10 million policy. The settlement amounted to $3.175 million.
• $925,000 Settlement (2021 – Bronx): A man in his 40s fell while walking along a sidewalk. The man suffered a dislocated right ankle fracture. He underwent an open reduction internal fixation procedure. The man subsequently underwent a year of physical therapy and steroid injections. He continued to experience recurring pain and limitations. The man now used a cane for prolonged walking. He could no longer work and exercise. The man alleged negligence against the City of New York. He claimed it failed to inspect and repair a defective sidewalk.
• $195,000 Settlement (2020 – Queens): The plaintiff, a nurse manager, fell while walking down a subway station stairway in Queens. She alleged that the New York City Transit Authority negligently created a dangerous condition that caused her to fall. The plaintiff claimed that a step’s right edge was damaged. Defense counsel contended that she failed to exercise due caution. The plaintiff suffered a broken right ankle. She had it operated on when she was brought to the hospital. The plaintiff underwent physical therapy for 13 weeks. Her pain failed to resolve completely, and she experienced difficulty working. The jury found the New York City Transit Authority 54 percent liable and found the plaintiff 46 percent responsible. However, before damages were awarded, the parties negotiated a $195,000 settlement.
• $95,000 Settlement (2024 – Bronx County): Plaintiff, a minor, was at defendant Rockin’ Jump Ridge Hill, a trampoline jumping facility, and while on a trampoline designed explicitly for younger jumpers, collided with an older patron and fell. The plaintiff allegedly suffered a fractured right tibia-fibula. The parties agreed to a settlement and sought court approval of the settlement.
• $75,000 Settlement (2024 – New York): The plaintiff, a minor, reportedly purchased a set of wooden folding chairs from Walmart. Months later, one of the chairs allegedly closed on the plaintiff’s left middle finger. The plaintiff said she suffered a guillotine-type injury to her finger. The plaintiff asserted negligence, strict liability, and breach of warranty. She claimed the chair was in a defective condition and was defectively designed. The plaintiff reached a $75,000 settlement with the defendants and two nonparties.
• $45,000 Verdict (2024 – Oswego County): The plaintiff allowed the defendant, his former teacher and mentor, to live with him in his house as a roommate. The lawsuit alleged that the defendant secretly installed a hidden camera inside the plaintiff’s alarm clock in his bedroom and videotaped the plaintiff and his girlfriend engaging in sexual acts. The plaintiff sued the defendant for intentional infliction of emotional distress. See also the Northwell hidden camera sex abuse lawsuit.

NY Mass Torts

Our mass tort lawyers are taking many product liability cases in New York, including:

• • Roundup Cancer Lawsuits: The Roundup lawsuits have been going on for nearly a decade now, following scientific evidence alleging that chemicals in the popular weedkiller are linked to cancer.
  • Depo-Provera Lawsuits: Depo-Provera lawsuits claim that long-term use of this injectable birth control may increase the risk of meningioma brain tumors. Plaintiffs allege that women who received repeated injections over many years were not adequately warned about the potential brain tumor risk.
  • Internal Bra Mesh Lawsuit: Internal bra mesh lawsuits involve mesh products used during breast reconstruction, breast lifts, breast reductions, and other breast procedures. Plaintiffs allege that some of these products were not adequately tested for long-term use in breast tissue and can lead to serious complications, including infection, chronic pain, inflammation, scarring, poor wound healing, tissue damage, mesh migration, and revision surgery.
  • Video Game Addiction Lawsuit: Video game addiction lawsuits allege that major gaming companies intentionally designed games to keep children and teens playing for excessive periods of time. Plaintiffs claim these games use addictive design features, reward loops, microtransactions, loot boxes, social pressure, and constant engagement systems that can contribute to compulsive gaming, anxiety, depression, sleep disruption, academic decline, and other mental health harms.
  • Paraquat Parkinson’s Disease Lawsuits: Paraquat lawsuits allege that exposure to this commercial herbicide can increase the risk of Parkinson’s disease. The claims are brought by farmers, agricultural workers, and others who say they were exposed to Paraquat without adequate warnings about its potential neurological risks.
  • Spinal Cord Stimulator Lawsuit: Spinal cord stimulator lawsuits involve implanted devices used for chronic back, neck, and nerve pain. Plaintiffs allege that certain devices caused painful shocks, burning sensations, infections, lead migration, device failure, and revision or removal surgery. The claims focus on alleged device defects, risks of malfunction, and inadequate warnings.
  • Hair Relaxer Lawsuit: Hair relaxer lawsuits allege that long-term use of chemical straightening products may increase the risk of uterine cancer, ovarian cancer, uterine fibroids, and other hormone-related injuries. Plaintiffs claim manufacturers heavily marketed these products to Black women while failing to warn about potential endocrine-disrupting chemicals.
  • Olympus Scope Infection Lawsuit: Olympus duodenoscope lawsuits allege that certain scopes exposed patients to dangerous infections after ERCP procedures because the devices were difficult to fully clean and sterilize. Plaintiffs claim Olympus knew about the infection risk but failed to provide adequate warnings to hospitals, doctors, and patients.
  • Vaginal Mesh Lawsuit: Vaginal mesh lawsuits involve surgical mesh implants used to treat pelvic organ prolapse and stress urinary incontinence. Plaintiffs allege that these products caused mesh erosion, pelvic pain, infections, organ perforation, painful intercourse, and repeated revision surgeries. The lawsuits claim manufacturers failed to properly warn women and doctors about the long term risks.

New York Personal Injury Settlement FAQs

What is the average settlement for personal injury in New York?

There is no reliable average settlement for personal injury in New York that applies to every case. A minor soft tissue case with a few months of treatment is completely different from a surgical injury case, a brain injury case, a wrongful death claim, or a medical malpractice case. Personal injury settlement statistics are useful for context, but they are not a calculator.

What drives personal injury claim payouts?

Personal injury claim payouts are usually driven by liability, injury severity, permanency, medical bills, lost wages, future care needs, pain and suffering, comparative fault, venue, insurance coverage, and the credibility of the witnesses. The lawyer matters too. Personal injury lawyer settlements are often stronger when the defense knows the lawyer is prepared to try the case.

What is a typical three-month physical therapy settlement?

A three-month physical therapy settlement is usually modest compared to cases involving surgery or permanent impairment. But it still depends on the facts. Clear liability, objective findings, lost wages, and a credible treating doctor can increase value. Gaps in treatment, prior injuries, low property damage, or weak causation can reduce value.

Does 12 months of physical therapy make a case more valuable?

Twelve months of physical therapy can support a higher settlement if the treatment was medically necessary and tied to the accident. But duration alone is not enough. The records need to explain why treatment continued, what objective injuries were present, whether the plaintiff improved, and whether there are permanent limitations.

Are arthroscopic shoulder surgery settlements in New York higher?

Arthroscopic shoulder surgery settlements in New York are often higher than non-surgical shoulder injury settlements because surgery helps prove the seriousness and damages. But the defense will still fight causation. They may argue the shoulder tear was degenerative, pre-existing, or not caused by the accident. Good medical proof is critical.

Hiring a New York Personal Injury Lawyer

Our firm handles serious injury and wrongful death lawsuits in New York, working with trusted friends and colleagues in New York. We compensate local lawyers out of our attorneys’ fees. You pay no additional contingency fees for having two law firms instead of one. And you only owe a fee if you get settlement compensation or a jury payout for you.

If you were hurt and believe you have a potential civil tort claim, click here for a free, no-obligation consultation or call us today at 800-553-8082.