Damages, Verdicts & Range of Motion

A plaintiff may recover economic damages, including past and future medical expenses and lost earnings, and non-economic damages for pain and suffering. CPLR 4111(e) requires the jury to itemize its award into past and future amounts. In a motor-vehicle case, Insurance Law § 5104(a) bars recovery of basic economic loss and of non-economic loss without a serious injury. Law changed May 27, 2026: new Insurance Law § 5104(d) caps non-economic loss at $100,000 for an at-fault plaintiff who drove uninsured or was convicted of impaired driving or a vehicle felony, in actions commenced on or after that date; earlier actions are uncapped.

There is no formula. The jury decides the amount from the evidence of the injury, its permanence and its effect on the person's life, and under CPLR 4111(e) it must state past and future pain and suffering separately, with the number of years the future award covers. The check on the amount is judicial: under CPLR 4404(a), the trial court may set aside a verdict and order a new trial where it is contrary to the weight of the evidence, and under CPLR 5501(c) the Appellate Division finds an award excessive or inadequate if it deviates materially from what would be reasonable compensation.

You can, subject to Insurance Law § 5104(a). First-party benefits cover basic economic loss, which Insurance Law § 5102(a) defines as up to $50,000 per person of medical expenses, lost earnings and other necessary expenses. In a negligence action against another covered person, § 5104(a) allows recovery of economic loss above that amount, and of pain and suffering only with a serious injury under Insurance Law § 5102(d). Law changed May 27, 2026: for actions commenced on or after that date, § 5102(d) no longer includes the 90/180-day category and new CPLR 1411(b) bars recovery when the claimant's fault exceeds the defendants' combined fault; earlier actions keep the prior rules.