Is there a cap on pain and suffering damages in NY personal injury cases?

What the Law Says

New York law treats pain and suffering as a component of compensatory damages in personal injury cases. Unlike some states, New York has never enacted a statutory cap on non-economic damages such as pain and suffering — whether in car accidents, medical malpractice, or other tort claims.

Pain and suffering damages are intended to compensate plaintiffs for physical discomfort, emotional distress, loss of enjoyment of life, and other intangible harms resulting from injury.

Courts and juries assess these damages based on the severity, duration, and impact of the injury — guided by precedent and evidence, but unbound by numerical limits set by statute.