New York Injury Litigation
New York injury litigation has features that change what a verdict is actually worth. Comparative fault reduces a recovery in proportion to the injured person’s share of responsibility rather than barring it. Article 16 of the C.P.L.R., at N.Y. C.P.L.R. 1602 and the sections around it, limits joint liability for non-economic damages for defendants found to be fifty percent or less at fault, subject to a list of exceptions. Law Offices Of SRIS, P.C. handles New York injury litigation. Call (888) 437-7747.
How Fault Is Apportioned
A jury apportions responsibility among the parties, and that apportionment does two things. It reduces the plaintiff’s recovery by the plaintiff’s own share, and it determines whether a given defendant is jointly liable for the non-economic portion of the award or only severally liable for its own share. The practical result is that a defendant with limited responsibility may owe far less than the headline verdict, which is why the apportionment fight matters as much as the liability fight.
Economic and Non-Economic Damages
Economic damages cover medical expenses, lost earnings, and the cost of future care, and they are proved with records and frequently with a life care plan and an economist. Non-economic damages cover pain and suffering and loss of enjoyment of life. The Article 16 limitation applies only to the non-economic portion, so the composition of a damages award, not only its size, determines what is collectible from each defendant.
Frequently Asked Questions
Can I recover if I was partly at fault?
Yes. New York applies comparative fault, so your own share reduces the recovery proportionally rather than barring it. Even a substantial share of responsibility does not by itself end a claim.
What does Article 16 change?
It limits joint liability for non-economic damages for a defendant found fifty percent or less at fault, so that defendant generally pays only its own share of that portion. A list of exceptions applies, including certain motor vehicle and intentional conduct situations.
Why does the split between damage types matter?
Because the Article 16 limitation reaches only non-economic damages. Two awards of the same total can be collectible in very different amounts depending on how they divide between economic and non-economic categories.
About Mr. Sris
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced since 1997. He is a former prosecutor, and that experience shapes how he builds a record and reads the other side’s file. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background at George Mason University in accounting and information systems applies to the documentary and financial side of an injury claim, from billing records to wage loss. Mr. Sris and the firm’s Of Counsel attorneys handle New York matters together, with the division of work set at the start of the engagement.
Speak With Mr. Sris
Request a consultation. Reach our location at (888) 437-7747. Bring the police or incident report, the name of every provider who has treated you, your no-fault claim number if one was opened, and any correspondence from an insurer. That material lets the first conversation move past intake.
No attorney fee unless we recover. Clients may be responsible for case expenses.
Last updated: August 25, 2026
This page provides general information about New York personal injury law and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.
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