New York — Non-Economic Cap
No cap
No compensatory cap. (S1608 proposing a non-econ cap pending 2025-26 session; not enacted.)
The rule at a glance
- Non-economic cap
- No compensatory cap. (S1608 proposing a non-econ cap pending 2025-26 session; not enacted.)
- Economic damages
- Past + future medicals, past + future wage loss, household services. Not capped.
- Present value of future damages
- Reduce future streams to present value using 3% net discount rate; adjust for life expectancy.
- Collateral source rule
- New York — follow state collateral-source doctrine; verify whether insurance payments are admissible.
- Statutory reference
- None
Common pitfalls in New York
- Pleading aggregate damages without explicit non-economic line-item — caps apply per-defendant and per-occurrence, not in bulk.
- Forgetting that economic damages (meds, wages, life care) are generally uncapped and should carry the weight of the demand.
- Using gross future-medical totals without reducing to present value — opposing economists will deduct it and the jury may see the gap.
- Failing to preserve the constitutional challenge if the cap applies — preservation matters if the state supreme court revisits.
Frequently asked questions
What is New York's medical malpractice damages cap?
No compensatory cap. (S1608 proposing a non-econ cap pending 2025-26 session; not enacted.)
Does New York's cap apply to economic damages?
No. New York's cap targets non-economic damages only. Past and future medical expenses, wage loss, life-care plan costs, and household services remain uncapped and should anchor the demand.
How do I calculate present value of future damages in New York?
Reduce future medical + wage streams using a net discount rate (typically 2-4%). Most plaintiff economists use the uniform-annuity PV formula with state-specific life-expectancy tables. The calculator below applies this automatically.
Is New York's damages cap constitutional?
New York's cap is currently enforced, though plaintiff counsel should always preserve constitutional challenges (equal-protection, right-to-jury, separation-of-powers) for appellate review.
Calculate New York damages value
Enter past med, past wages, future med, future wages, and a non-econ multiplier. Get present-value totals with cap applied.
Calculate damages →
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