Denlea & Carton


November 30, 2023

Is There a Cap on Personal Injury Settlements in New York?

Understanding Limitations on Damages in Personal Injury Cases

If you are injured due to someone else’s negligence in New York, you may wonder what types of damages you will receive and whether there are limits on how much you can recover. It is important to discuss your case with an attorney to determine the value of your case and if there are any caps that may affect your settlement.

At Denlea & Carton, LLP, we provide representation for individuals who have been injured by another person’s negligence. Our personal injury lawyers will help to determine the value of your case, including how much you can ask for in damages. If you were injured in an accident, contact our office at (914) 368-7168 to schedule a free, no-obligation consultation. 

Are There Caps on Personal Injury Settlements in New York?

States throughout the country place caps or limitations on how much a person can recover in a personal injury lawsuit. States may opt to place a limit on punitive damages or those that are designed to punish a liable party. 

Many states also limit the amount of non-economic damages that a person can receive. Non-economic damages include compensation for things like pain and suffering, which is difficult to quantify.

In some instances, states will place limits on the amount of compensation a person can receive in a particular case, such as a medical malpractice claim. New York, however, does not have any caps on personal injury settlements. 

What Are the Potential Damages in a Personal Injury Case?

Potential damages in a personal injury case in New York may include compensation for a variety of losses. An attorney can provide guidance on how much you should seek based on the circumstances of your case. 

Potential damages in a New York personal injury case include compensation for:

  • Medical bills
  • Lost wages
  • Disability
  • Disfigurement
  • Physical pain 
  • Emotional suffering
  • Loss of consortium
  • Loss of enjoyment of life

To understand more about your potential recovery, you should consult with a lawyer as early in the process as possible. Without the help of an attorney, you could end up settling your case for less than it is worth. 

Should I Hire a Personal Injury Lawyer?

Were you injured in an accident caused by another person? You might be entitled to compensation. The best way to ensure that you receive the compensation you deserve is by consulting with a lawyer. 

There are many factors that may impact the recovery you receive in your case. In order to maximize your damages, you need to have an independent investigation into your case. An attorney can review the facts to determine how you should move forward. 

Injured in an Accident? Contact Our Office. 

If you were injured in an accident, contact our office at (914) 368-7168 to schedule a free, no-obligation consultation. Our lawyers will guide you through the process working to get you the largest recovery possible. You should never accept a settlement without first discussing your case with a lawyer. You could be settling for less. Call now to speak directly with a member of our legal team.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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